Deposition Transcript of Scott Rothstein (Albert ... - Trustee Services

Deposition Transcript of Scott Rothstein (Albert ... - Trustee Services Deposition Transcript of Scott Rothstein (Albert ... - Trustee Services

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1 company, but Albert never did anything for them. Page 114 2 He was supposed to be a consultant and 3 available from time to time, but there was never any 4 real involvement with that. It was a fiction. 5 Q. Purely for public relations purposes. 6 Correct? 7 A. Yes. 8 Q. The agreement that I have, which is 9 unsigned, references a transition period of 30 days 10 from the date of execution of the agreement. 11 Unfortunately, it's unsigned. 12 Do you know if and when the document 13 actually was signed? 14 A. Eventually a document was signed. I don't 15 know if it's that document, and I don't even know if 16 it still had that position in it. I just don't 17 recall one way or the other. 18 Q. Was there more than one agreement signed, 19 because we have no signed agreements. 20 We know that you had prepared this draft 21 transition agreement and we know that there was also 22 a -- at least discussion of there being a termination 23 agreement. 24 A. I don't recall one way or the other. My 25 recollection -- my best recollection is that there

1 was an agreement ultimately signed, but I don't have 2 specific recollection and I do not want to guess. 3 Q. I have an e-mail from -- it's an e-mail 4 from Amerigo to you. It's dated February 14, 2007. 5 That's roughly a month later. 6 In it Amerigo asks you just one 7 question -- when is Albert eventually time barred 8 on suing Silversea for any matters related to his 9 employment with the company -- and you answered 10 that same day -- actually instantly the same minute 11 -- "four years from now." 12 That suggests to me that there was no 13 release that was provided by Albert to the company. 14 Do you have any recollection or 15 understanding of that fact? 16 A. I don't know whether that's ultimately what 17 happened or whether I was simply providing that 18 information to Amerigo in the event something was 19 never signed. 20 Q. You would agree, would you not, that if 21 there was a signed agreement with a release that the 22 issue of a claim being time barred would not be 23 relevant. Correct? 24 A. That's correct, but that doesn't mean that 25 Amerigo would understand that necessarily. Page 115

1 was an agreement ultimately signed, but I don't have<br />

2 specific recollection and I do not want to guess.<br />

3 Q. I have an e-mail from -- it's an e-mail<br />

4 from Amerigo to you. It's dated February 14, 2007.<br />

5 That's roughly a month later.<br />

6 In it Amerigo asks you just one<br />

7 question -- when is <strong>Albert</strong> eventually time barred<br />

8 on suing Silversea for any matters related to his<br />

9 employment with the company -- and you answered<br />

10 that same day -- actually instantly the same minute<br />

11 -- "four years from now."<br />

12 That suggests to me that there was no<br />

13 release that was provided by <strong>Albert</strong> to the company.<br />

14 Do you have any recollection or<br />

15 understanding <strong>of</strong> that fact?<br />

16 A. I don't know whether that's ultimately what<br />

17 happened or whether I was simply providing that<br />

18 information to Amerigo in the event something was<br />

19 never signed.<br />

20 Q. You would agree, would you not, that if<br />

21 there was a signed agreement with a release that the<br />

22 issue <strong>of</strong> a claim being time barred would not be<br />

23 relevant. Correct?<br />

24 A. That's correct, but that doesn't mean that<br />

25 Amerigo would understand that necessarily.<br />

Page 115

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