Case 3:19-cv-00813-REP Document 35-32 Filed 05/15/20 Page 1 of 28 PageID# 1593




                          Exhibit 32
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·2· · · · · · · ·ROUGH DRAFT TRANSCRIPT
·3· · · ·VIDEOCONFERENCE DEPOSITION OF ELI AUERBACH
·4· · · · · · · · ·MAY 7, 2020
·5· · · ·A realtime rough draft is unedited and
·6· uncertified and may contain untranslated stenographic
·7· symbols, incorrectly translated words, misspelled
·8· proper names, nonsensical word combinations and an
·9· occasional reporter's note.· Any inaccuracies will be
10· corrected in the final certified transcript of
11· proceedings.
12· · · ·By acceptance of a rough draft of proceedings,
13· any party or counsel representing any party to the
14· action understands and agrees that the text of a rough
15· draft may not be quoted or cited in any subsequent
16· court or discovery proceeding, may not be used for
17· impeachment purposes and may not be distributed in any
18· form to any other person or entity.
19· · · ·Further, by acceptance of a rough draft of
20· proceedings, any party or counsel representing any
21· party to the action agrees to indemnify and hold
22· harmless the individual court reporter should the
23· final transcript differ in form or content from the
24· rough draft of the proceedings.
25· · · · · · · · · · · · - - -


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·2· · · · · · · MS. SIEGMUND:· This is Heidi Siegmund
·3· · · · with McGuire Woods, representing the
·4· · · · plaintiff, Chmura.
·5· · · · · · · I'm just noting for the record that all
·6· · · · counsel have stipulated that it's fine that
·7· · · · we're doing this remotely, and that the court
·8· · · · reporter and the witness are not in the same
·9· · · · room, and that no one objects to that
10· · · · arrangement.
11· · · · · · · MR. POSEY:· This is Terry Posey for
12· · · · Mr. Auerbach, we consent the that arrangement.
13· · · · · · · MS. COOPER:· Counsel for Mr. Lombardo,
14· · · · Christine Cooper and we consent, as well.
15· E L I· A U E R B A C H,
16· · · · · · · called as a witness, having been first
17· · · · duly sworn by a Notary Public, was
18· · · · examined and testified as follows:
19· EXAMINATION BY
20· BY MS. SIEGMUND:
21· · · · Q.· · Mr. Auerbach, I won't go over the rules
22· · again, but, of course, this is all the same as
23· · what we were going through on Tuesday, as far as
24· · you being under oath and we'll try not to talk
25· · over each other and so forth.




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·2· · · · · · ·I just have a very little bit more to go
·3· ·over with you.
·4· · · · · · ·I think when we left off on Tuesday we
·5· ·were going through your affidavit that you had
·6· ·executed before leaving Chmura, and making sure
·7· ·that we got on the record anything that you no
·8· ·longer think is totally accurate.
·9· · · · · · ·So I'm going to submit that same exhibit
10· ·that we used the other day.
11· · · · · · · · · (Exhibit A previously marked for
12· · · · · · ·identification was offered.)
13· · · ·Q.· · Mr. Auerbach, hopefully these come
14· ·through a little bit more quickly today, so just
15· ·let me know when that affidavit comes up for you.
16· · · · · · ·I think we had gone through the first
17· ·page on the record the other day, so I am going to
18· ·go ahead and skip to Page 2.
19· · · ·A.· · The computer is still loading.
20· · · ·Q.· · Mr. Auerbach has that affidavit come
21· ·through?
22· · · ·A.· · No, it just shows me, on the right side
23· ·it says exhibit loading.· Please wait.· There's
24· ·been no change.
25· · · ·Q.· · Are you able to go to the exhibit files




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·2· ·and see the submitted exhibit?
·3· · · ·A.· · I tried a few times now to do that.                    I
·4· ·can see that it's there, but when I go to look at
·5· ·the preview it says error.
·6· · · ·Q.· · Okay.· I did ask the LiveLitigation
·7· ·folks about this, and they said it's just a
·8· ·function of the internet connection.· So sorry for
·9· ·the delay, but just let me know when it comes
10· ·through.
11· · · · · · ·I just submitted it again, and I'll also
12· ·go ahead and e-mail this to you and Mr. Posey.
13· · · · · · ·And I think we all know what we're
14· ·looking at and maybe that will be faster.
15· · · · · · ·This is the only exhibit I'm going to
16· ·use today, so, hopefully, we won't take up too
17· ·much time with this.
18· · · · · · ·I'm going to go ahead and send this by
19· ·e-mail.· This won't be the stamped version that's
20· ·in LiveLitigation, but just so we can move this
21· ·along.
22· · · · · · ·MR. POSEY:· I'll be happy to review it
23· · · ·and stipulate that it's the same, once I see
24· · · ·your e-mail.
25· · · · · · ·MS. SIEGMUND:· All right.· You should




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·2· · · · all be getting that exhibit by e-mail here in
·3· · · · a second.
·4· BY MS. SIEGMUND:
·5· · · · Q.· · Mr. Auerbach, let me know when you get
·6· · that e-mail, that might be faster.
·7· · · · A.· · Sorry, I was on mute.· It has arrived.
·8· · · · Q.· · Excellent.
·9· · · · · · · MR. POSEY:· I would stipulate that the
10· · · · document that you e-mailed to Chmura 0000184
11· · · · through 187, which I believe is the same as
12· · · · the submitted Exhibit A.
13· · · · Q.· · Super.· Mr. Auerbach, do you have that
14· · e-mail, Exhibit A in front of you?
15· · · · A.· · I do, yes.
16· · · · Q.· · Okay.· So let's look at Page 2.· Take a
17· · look at Page 2 for me, please, and let me know if
18· · you see anything on Page 2 that you now believe is
19· · false.
20· · · · A.· · It looks correct to me.
21· · · · Q.· · Super.· Let's go to Page 3, take a look
22· · at Page 3 and tell me if there's anything you see
23· · on here that is false.
24· · · · · · · And that's Chmura -- the number at the
25· · bottom is Chmura 0000186?




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·2· · · · A.· · This looks correct.
·3· · · · Q.· · Super.
·4· · · · · · · Let's go to Page 4, that's the last
·5· · page, it has your signature on it.
·6· · · · · · · Let me know if you see anything on
·7· · Page 4 that you now believe is false.
·8· · · · A.· · That is correct.
·9· · · · · · · MS. SIEGMUND:· Super.· That is all I
10· · · · have for you.· Thank you, Mr. Auerbach.
11· · · · · · · I think Ms. Cooper will have some
12· · · · questions for you.
13· · · · · · · MS. COOPER:· Thank you.
14· EXAMINATION
15· BY MS. COOPER:
16· · · · Q.· · Good morning, Mr. Auerbach, how are you?
17· · · · A.· · Good morning.· Well, thank you.
18· · · · Q.· · Good.· I want to ask you a few
19· · background questions before I jump into a couple
20· · of specifics and go down that path.
21· · · · · · · You were a sales manager at Chmura,
22· · right?
23· · · · A.· · That is correct.
24· · · · Q.· · Did you have any prior management
25· · experience?




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·2· · · ·A.· · I had, yes.
·3· · · ·Q.· · And can you tell me a little about your
·4· ·management experience prior to joining Chmura?
·5· · · ·A.· · It was probably three specific positions
·6· ·I think align closely to what I lshah@example.org.
·7· · · · · · ·Probably mid 20's, about 15 years ago, I
·8· ·was a sales manager for a steel company in
·9· ·Cleveland.· I was there for a few years.
10· · · · · · ·And then there was a position I held
11· ·over at the Council of Small Enterprises.
12· · · · · · ·(Discussion held off the record.)
13· · · · · · ·THE WITNESS:· The next position I think
14· · · ·that most closely aligns was a position with
15· · · ·COSE, the Counsel of Smaller Enterprises.
16· · · ·They were a large regional Chamber of
17· · · ·Commerce.· And I was there for three years and
18· · · ·was a manager in their energy program.
19· · · · · · ·And then, after leaving there, I worked
20· · · ·for a company called Echo.· They were an
21· · · ·energy retrofit company, worked with mid- to
22· · · ·medium-sized businesses and I was in
23· · · ·management there as well.
24· · · ·Q.· · And approximately how many years of
25· ·management experience do you have?




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·2· · · ·A.· · I'd say from my first experience until
·3· ·now, about 15 years.
·4· · · ·Q.· · I want to turn your attention to your
·5· ·lshah@example.org.
·6· · · · · · ·What were your job responsibilities?
·7· · · ·A.· · So primarily I was responsible for
·8· ·working with the sales team to cultivate new sales
·9· ·opportunities, new business; to get a high rate of
10· ·renewal for our existing client base; and also
11· ·work with account managers to most efficiently and
12· ·effectively cultivate these opportunities through
13· ·e-mail campaigns or calling or developing call
14· ·lists for them to work from.
15· · · · · · ·And then, preparing a number of
16· ·different reports, sometimes weekly, sometimes
17· ·monthly, to share with leadership to keep them
18· ·apprized of our progress.
19· · · ·Q.· · Were you, during the time of your
20· ·employment, Mr. Lombardo's direct supervisor?
21· · · ·A.· · I was, yes.
22· · · ·Q.· · And do you know what his job title was
23· ·at the time you were his supervisor?
24· · · ·A.· · Senior account manager.
25· · · ·Q.· · There's the account manager position and




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·2· ·the senior account manager position, correct?
·3· · · ·A.· · That is correct, yes.
·4· · · ·Q.· · What's your understanding of the
·5· ·difference between the two?
·6· · · ·A.· · To be very honest, I don't see there
·7· ·being a difference between the two.
·8· · · · · · ·My understanding was the increase in
·9· ·that title was developed as a means to appease the
10· ·older account managers that were there, so that
11· ·they can be distinguished between newer account
12· ·managers coming in.
13· · · ·Q.· · Mr. Lombardo would have been one of
14· ·those older account managers, right?
15· · · ·A.· · That is correct, yes.
16· · · ·Q.· · I want to talk about your observations
17· ·and your own personal knowledge of the hours
18· ·Mr. Lombardo worked.
19· · · · · · ·First -- and we went through some of
20· ·this last weak.· I just want to drill down a
21· ·little bit.
22· · · · · · ·Did you spend most workdays in the
23· ·office?
24· · · ·A.· · I did, yes.
25· · · ·Q.· · And did you -- you didn't -- I'm sorry.




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·2· ·let me rephrase that.
·3· · · · · · ·You didn't travel as a substantial part
·4· ·of your job responsibilities, did you?
·5· · · ·A.· · No, it wasn't a substantial part.
·6· · · ·Q.· · In your experience, did Mr. Lombardo
·7· ·spend most of his workdays in the office?
·8· · · ·A.· · That is correct, yes.
·9· · · ·Q.· · Was Mr. Lombardo required to travel
10· ·substantially for work?
11· · · · · · ·MS. SIEGMUND:· Object to the form of the
12· · · ·question.
13· · · · · · ·You can answer.
14· · · · · · ·THE WITNESS:· I think it was a regular
15· · · ·component, but I would not say substantial.
16· · · ·Q.· · Can you put a number on that for me?· In
17· ·any given month, how frequently would Mr. Lombardo
18· ·travel?
19· · · ·A.· · I think is fair representation would be
20· ·one trip a month for about three days each time.
21· · · ·Q.· · And were those to -- where was he
22· ·traveling to?
23· · · ·A.· · The primary reason for traveling would
24· ·be to attend different conferences or trade shows.
25· · · ·Q.· · Did you ever have to communicate with




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·2· ·Mr. Lombardo in the evenings, after leaving the
·3· ·office?
·4· · · ·A.· · Yes, that was a pretty frequent
·5· ·occurrence.
·6· · · ·Q.· · And approximately what time would you
·7· ·communicate with him?
·8· · · ·A.· · If I had to put an average on it, it
·9· ·would usually be somewhere probably between 7 or
10· ·8:lshah@example.org.
11· · · ·Q.· · And when you would call him at 7 or 8:00
12· ·at night, were you able to get ahold of him?
13· · · ·A.· · Every time, yes.
14· · · ·Q.· · Do you know how frequently those phone
15· ·calls would occur?
16· · · ·A.· · I would say, just based on averages, it
17· ·was probably weekly.· There might be some weeks,
18· ·not at all, other weeks we had to talk regularly.
19· ·But, I would say probably average weekly.
20· · · · · · ·I know that, when he would go to
21· ·conferences, as with all of the account managers,
22· ·we would touch base pretty often, just to get an
23· ·understanding of how things were going while they
24· ·were there.
25· · · ·Q.· · Would you ever have reason to call if




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·2· ·Mr. Lombardo wasn't at a conference?
·3· · · ·A.· · Absolutely, yes.
·4· · · ·Q.· · What was your understanding of
·5· ·Mr. Lombardo's employment responsibilities while
·6· ·as a senior account manager?
·7· · · ·A.· · The significant majority of his time
·8· ·went toward pursuing new business opportunities,
·9· ·and working very closely with his existing client
10· ·base, just to make sure the platform was working
11· ·for them the way that they wanted.· As well as
12· ·answering any questions they may have regarding
13· ·how to maximize the platform and their use of it.
14· · · ·Q.· · Was Mr. Lombardo ever responsible for
15· ·supervising other employees?
16· · · ·A.· · No.
17· · · ·Q.· · Was he responsible for making decisions
18· ·about company strategy?
19· · · ·A.· · No.
20· · · · · · ·MS. SIEGMUND:· Object to the form of the
21· · · ·question.
22· · · · · · ·You can answer.
23· · · · · · ·THE WITNESS:· No, he was not.
24· · · ·Q.· · Was he responsible for setting spending
25· ·priorities?




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·2· · · ·A.· · No.
·3· · · ·Q.· · Was he responsible for establishing
·4· ·policies or procedures for the company?
·5· · · · · · ·MS. SIEGMUND:· Object to the form of the
·6· · · ·question.
·7· · · · · · ·You may answer.
·8· · · · · · ·THE WITNESS:· No.
·9· · · ·Q.· · Was he responsible for any form of
10· ·compliance?
11· · · ·A.· · Can you define "compliance," please?
12· · · ·Q.· · Sure.· Was he -- fair question.
13· · · · · · ·Was he responsible for any legal
14· ·compliance activities at Chmura?
15· · · ·A.· · The one singular thing that I think
16· ·might qualify is submitting to the client, and
17· ·then providing to leadership the contract for the
18· ·platform itself.· But I think the best way to
19· ·describe that was an intermediary between the two
20· ·parties.
21· · · ·Q.· · Okay.· Did Mr. Lombardo ever decide what
22· ·conferences or trade shows he would attend?
23· · · ·A.· · No.
24· · · ·Q.· · Was Mr. Lombardo allowed to decide
25· ·whether he would drive or fly to the conferences?




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·2· · · ·A.· · I would say the best way to explain that
·3· ·is he was permitted to give input, and sometimes
·4· ·leadership would agree with it, other times not.
·5· · · ·Q.· · Who decided which conferences and trade
·6· ·shows Mr. Lombardo would attend?
·7· · · ·A.· · I would say leadership was largely
·8· ·responsible.
·9· · · ·Q.· · Who made decisions on -- let me go back
10· ·for a second.
11· · · · · · ·Who made the ultimate decision on how
12· ·Mr. Lombardo would travel?
13· · · ·A.· · I would say that was leadership.
14· · · ·Q.· · Did Mr. Lombardo ever visit clients on
15· ·site?
16· · · ·A.· · Not to my knowledge, no.
17· · · ·Q.· · Can you describe what it was like
18· ·managing Mr. Lombardo?
19· · · ·A.· · I would say overall it was a very good
20· ·experience.· I think we had some growing to do
21· ·together in the first weeks I was there, but I
22· ·think afterwards, we had excellent communication
23· ·with each other.
24· · · · · · ·Mr. Lombardo was always very helpful,
25· ·not just to me when I was first coming on, but he




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·2· ·always took a vested interest in helping to guide
·3· ·and mentor some of the newer account managers that
·4· ·came on.
·5· · · · · · ·But, he was always someone I could count
·6· ·on to produce at a high level every month.· He did
·7· ·just about everything I would ask him to do.· He
·8· ·took suggestions very well.· He was a very good
·9· ·quality account manager for the organization.
10· · · ·Q.· · Would you have described him as
11· ·difficult to manage?
12· · · ·A.· · No.
13· · · ·Q.· · I'm going to show you what has been
14· ·marked previously as -- bear with me while I pull
15· ·it up here -- as Plaintiff's Exhibit I?· I'll try
16· ·to submit it through this.· I have not done this
17· ·before and perhaps I should e-mail it to everybody
18· ·as well, since we're having some difficulty.· Let
19· ·me see if I can.
20· · · · · · ·That did not work.· Okay.
21· · · · · · ·Did I lose -- I think I lost everybody.
22· · · · · · ·If you can hear me, you can't see me?
23· · · · · · ·MS. COOPER:· If we could go off the
24· · · ·record one minute while I hook myself back up.
25· · · · · · · · · (Recess taken from 10:24 a.m. to




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·2· · · · 10:27 a.m.)
·3· · · · · · · · · ·(Exhibit I Plaintiff's previously
·4· · · · · · · · · ·marked for identification was
·5· · · · · · · · · ·offered.)
·6· BY MS. COOPER:
·7· · · · Q.· · Mr. Auerbach, I believe you were shown
·8· · this document the last -- the other day.· It's
·9· · marked as Plaintiff's Exhibit I.
10· · · · · · · Can you identify this document?
11· · · · A.· · Yes, this was a phone conversation I was
12· · asked to document by lshah@example.org.
13· · · · Q.· · And did you prepare this document?
14· · · · A.· · I did, yes.
15· · · · Q.· · And it pertains to a phone conversation
16· · you had with Mr. Lombardo, correct?
17· · · · A.· · That is correct.
18· · · · Q.· · And when was the phone conversation?
19· · · · A.· · I believe it is correctly stated as
20· · October 21st.
21· · · · Q.· · Do you recall when you prepared the
22· · notes?
23· · · · A.· · I do not recall the exact date.
24· · · · · · · If I had to venture a guess, I would
25· · probably say within a week of this conversation




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·2· ·happening.
·3· · · ·Q.· · Did you prepare these notes in the
·4· ·ordinary course of your responsibilities at
·5· ·Chmura?
·6· · · ·A.· · I certainly interpret it that way.
·7· · · ·Q.· · And did you maintain this document with
·8· ·the other business documents you maintained for
·9· ·Chmura?
10· · · ·A.· · No, I did not.
11· · · ·Q.· · How did you keep this document -- let me
12· ·ask, did you keep this document?
13· · · ·A.· · I believe I did, and I believe there was
14· ·a separate folder I created specific to everything
15· ·related to the separation of Mr. Lombardo from
16· ·Chmura.
17· · · ·Q.· · Did you provide this document to others
18· ·at Chmura?
19· · · ·A.· · I only gave it to leadership.
20· · · ·Q.· · To your knowledge, was this document
21· ·relied upon at Chmura, at least in part, to make
22· ·business decisions with respect to Mr. Lombardo's
23· ·employment status?
24· · · ·A.· · I do not know.· I'm not sure what
25· ·leadership -- how they interpreted this




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·2· ·conversation.
·3· · · ·Q.· · To your knowledge, when you spoke to
·4· ·Mr. Lombardo on October 21st, 2019, had he already
·5· ·received a cease and desist letter from Chmura's
·6· ·attorneys?
·7· · · ·A.· · Yes, I believe that was what the impetus
·8· ·of the conversation was.
·9· · · ·Q.· · I want to look at the last full
10· ·paragraph above where it says "*that was the end
11· ·of our call."· If you could just take a quick read
12· ·through that paragraph.
13· · · ·A.· · Okay.
14· · · ·Q.· · And it says that -- I'll put the quote
15· ·in there, "I reminded Rick that we would need to
16· ·make a hand-off to provide him his personal
17· ·effects from the Cleveland office, in exchange for
18· ·the items that belonged to Chmura, such as the
19· ·conference materials, laptop and conference
20· ·notes."
21· · · · · · ·Do you see that?
22· · · ·A.· · I do, yes.
23· · · ·Q.· · Do you recall the specifics of that part
24· ·of the conversation, exactly what was said?
25· · · ·A.· · I remember in a very general sense.




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·2· ·But, I know that because Rick was asked to leave
·3· ·very abruptly, none of his personal effects at his
·4· ·desk did he take with him.
·5· · · · · · ·After he was officially fired, I was
·6· ·told to pack up his desk and set it aside.
·7· · · · · · ·And then, the leadership team said that
·8· ·Rick would be able to get his personal effects
·9· ·when he signed off on their termination agreement
10· ·and settlement amount, as well as him returning
11· ·the -- any materials that belonged to Chmura.
12· · · ·Q.· · To your knowledge did Mr. Lombardo ever
13· ·receive his personal effects back?
14· · · ·A.· · No, not that I know of.
15· · · ·Q.· · And it is stated, the -- the *then
16· ·sentence in that paragraph says, I reminded him
17· ·that none of that could be discussed until he had
18· ·finished reviewing the legal documentation and
19· ·signed off on the agreement."
20· · · · · · ·Do you said that?
21· · · ·A.· · Yes.
22· · · ·Q.· · What did you mean by that?
23· · · ·A.· · It was my understanding that the
24· ·leadership team wasn't going to make the exchange
25· ·of his personal effects, first and foremost




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·2· ·because Rick still had property that they felt
·3· ·belonged to Chmura.
·4· · · · · · ·But, in addition, leadership concluded
·5· ·that if he were to sign off on the agreement and
·6· ·return the belongings, they would also immediately
·7· ·return his personal effects.
·8· · · ·Q.· · Did you instruct him during that call to
·9· ·return the laptop or the conference notes or the
10· ·conference material?
11· · · ·A.· · I did not instruct him to do so.                   I
12· ·simply reiterated for him what leadership was
13· ·asking about.
14· · · ·Q.· · Was it your understanding that it would
15· ·be a mutual exchange, he would get his personal
16· ·effects back and the laptop would be exchanged at
17· ·the same time?
18· · · ·A.· · That would have been my understanding,
19· ·yes.
20· · · ·Q.· · Do you recall -- changing topics a
21· ·little bit here.
22· · · · · · ·Do you recall a conversation you had
23· ·with Mr. Lombardo regarding him notifying you that
24· ·he was entitled to any overtime compensation?
25· · · ·A.· · Yeah.· This was a question I was asked a




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·2· ·couple days ago, that I did not recall.
·3· · · · · · ·But I remember, after thinking it
·4· ·over -- I don't remember exactly when, I believe
·5· ·it was definitely before the Indianapolis trip.
·6· ·Well, it had to have been prior to the trip to
·7· ·Indianapolis.· But I remember him saying something
·8· ·in passing about having been owed overtime.
·9· · · ·Q.· · When was the Indianapolis trip?
10· · · ·A.· · I think roughly it was the second week
11· ·of October.
12· · · ·Q.· · Okay.· Do you recall any specifics about
13· ·the conversation?
14· · · ·A.· · It was something -- I recall the concept
15· ·of what he was presenting, but it was something
16· ·that I didn't clearly understand, it didn't
17· ·resinate with me, so I really quickly forgot it.
18· · · · · · ·He -- the extent of the content of what
19· ·I remember was just that he felt there was a
20· ·substantial amount of overtime he had worked, that
21· ·he was never compensated for.
22· · · ·Q.· · Did you tell anybody about that
23· ·conversation at Chmura?
24· · · ·A.· · I did not, no.
25· · · ·Q.· · And why not?




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·2· · · ·A.· · It was not at the time something that I
·3· ·thought was a consequential statement that he had
·4· ·made.
·5· · · ·Q.· · Okay.· Did you -- I think you stated
·6· ·this the other day in your testimony -- did you
·7· ·look at the information coming out of Salesforce?
·8· · · ·A.· · While I was at Chmura?
·9· · · ·Q.· · Yes.
10· · · ·A.· · Yes, on a very regular basis.· It was
11· ·one of the primary components of my job.
12· · · ·Q.· · And did it track the account manager's
13· ·and senior account manager's activities?
14· · · ·A.· · In detail, yes.
15· · · ·Q.· · And of the sales -- I'm sorry -- of the
16· ·account managers and senior account managers who
17· ·were there at the time of your employment, did
18· ·Mr. Lombardo have the highest level of activity?
19· · · ·A.· · Yes, he consistently out performed all
20· ·other members of the sales team.
21· · · ·Q.· · Do you know how -- if you could but a
22· ·number on it, say calls, for example, how many
23· ·more calls was Mr. Lombardo making on average,
24· ·than the other account managers or senior account
25· ·managers?




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·2· · · ·A.· · I think if we're talking about the
·3· ·number of phone calls, it would be easy a 2 to 1
·4· ·margin in favor of Mr. Lombardo.
·5· · · ·Q.· · What about any e-mails sent?
·6· · · ·A.· · I would say e-mails, because
·7· ·Mr. Lombardo, the majority of his time were phone
·8· ·calls, I would say he was either even with or
·9· ·maybe slightly behind some of the other account
10· ·managers.
11· · · ·Q.· · Okay.· With respect to -- I want to turn
12· ·to just a few last questions.· I just want to turn
13· ·back to the laptop for a moment and Mr. Lombardo's
14· ·departure.
15· · · · · · ·Who instructed him to leave the office?
16· ·I believe it was -- well, let me ask this:· Was
17· ·Mr. Lombardo's last day present in the office
18· ·October 17th of 2019?
19· · · ·A.· · I believe that's correct.
20· · · ·Q.· · And were you present there that day?
21· · · ·A.· · I was, yes.
22· · · ·Q.· · Who instructed Mr. Lombardo to leave?
23· · · ·A.· · I received a phone call from Chris
24· ·Chmura who instructed me to have Mr. Lombardo
25· ·leave immediately.




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·2· · · ·Q.· · Did Mr. Lombardo take a laptop with him
·3· ·that day?
·4· · · ·A.· · To the best of my recollection, I
·5· ·believe the laptop was in his car, which it might
·6· ·have very well been at home, I don't recall.· But
·7· ·I believe, to my recollection, he left with
·8· ·nothing in his hands.
·9· · · ·Q.· · Did you instruct him to bring the laptop
10· ·back that day?
11· · · ·A.· · I did not, no.
12· · · ·Q.· · Were you at all concerned about the
13· ·laptop that day?
14· · · ·A.· · In truth, I do not recall if that was a
15· ·concern being discussed.
16· · · · · · ·I know that at the time I asked him to
17· ·leave, I wasn't aware that there was a laptop in
18· ·his possession.
19· · · ·Q.· · Did leadership, prior to instructing you
20· ·to have him leave for the day, did they tell you
21· ·to get back any possessions of Chmura's from
22· ·Mr. Lombardo?
23· · · ·A.· · I don't have a recollection of them
24· ·asking me to do that.
25· · · ·Q.· · Okay.




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·2· · · · · · · MS. COOPER:· Those are all of the
·3· · · · questions that I have.· Thank you,
·4· · · · Mr. Auerbach.
·5· · · · · · · MS. SIEGMUND:· Do you mind if we take a
·6· · · · quick break?· I don't think I have anything
·7· · · · further, but I just want to make sure I have
·8· · · · all of my notes in order.
·9· · · · · · · MR. POSEY:· Sure thing.
10· · · · · · · MS. SIEGMUND:· Let's take five minutes.
11· · · · · · · · · ·(Recess taken from 10:39 a.m. to
12· · · · 10:44 a.m.)
13· BY MS. SIEGMUND:
14· · · · Q.· · This is very quick, couple of additional
15· · questions, Mr. Auerbach.
16· · · · · · · I know when we spoke on Tuesday you did
17· · not recall Mr. Lombardo ever mentioning anything
18· · about overtime, but you thought it over since
19· · Tuesday and now you do recall him saying something
20· · about overtime.
21· · · · · · · Was there anything in particular that
22· · prompted you to remember that conversation?
23· · · · A.· · No.· I was just reviewing the questions
24· · I had been asked, and it was, I would say, a
25· · fleeting recollection from all of the different




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·2· ·conversations I had had over the last five or six
·3· ·weeks that Mr. Lombardo lshah@example.org.
·4· · · ·Q.· · Did you review any documents that helped
·5· ·you remember that conversation?
·6· · · ·A.· · I did not.
·7· · · ·Q.· · Did you review the statement that you
·8· ·had provided to Ms. Cooper?
·9· · · ·A.· · I did not.
10· · · ·Q.· · But, there was not nothing in the
11· ·affidavit that you provided to Chmura about this
12· ·conversation, correct?
13· · · ·A.· · That is correct.
14· · · ·Q.· · And you provided that affidavit to
15· ·Chmura a few weeks after Mr. Lombardo is
16· ·terminated, correct?
17· · · ·A.· · Yes, that is correct.
18· · · ·Q.· · And you provided the affidavit to
19· ·Ms. Cooper after you were fired from Chmura,
20· ·correct?
21· · · ·A.· · That is correct.
22· · · · · · ·MS. SIEGMUND:· That's all I have.· Thank
23· · · ·you.
24· · · · · · ·MR. POSEY:· We will read, just to make
25· · · ·sure the exhibits are properly included.




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·2· · · · ·COURT REPORTER:· I have McGuire Woods
·3· ·has a standing order.· Do you still want your
·4· ·standing order.
·5· · · · ·MS. SIEGMUND:· I don't know about a
·6· ·standing order, but we would like a rough
·7· ·draft.
·8· · · · ·COURT REPORTER:· Yeah, that's in the
·9· ·standing order.
10· · · · ·MS. SIEGMUND:· That's good then.
11· · · · ·COURT REPORTER:· Ms. Cooper, do you want
12· ·a copy of this transcript?
13· · · · ·MS. COOPER:· Yes, please.
14· · · · ·COURT REPORTER:· Do you know what format
15· ·you want it in?
16· · · · ·MS. COOPER:· Just the mini script or the
17· ·ordinary electronic transcript.
18· · · · ·COURT REPORTER:· Mr. Posey, do you want
19· ·a copy this transcript?
20· · · · ·MR. POSEY:· No, thank you.
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