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HomeMy WebLinkAbout2021-cv-2063 - City of Fort Collins v. Open International, et al. - 267 - Deposition Designations - Lopez1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 21-cv-02063-CNS-SBP CITY OF FORT COLLINS, Plaintiff/Counterclaim Defendant, v. OPEN INTERNATIONAL, LLC Defendant/Counterclaim Plaintiff, and OPEN INVESTMENTS, LLC, Defendant. JOINT STATEMENT OF DEPOSITION DESIGNATIONS AND OBJECTIONS TO THE TESTIMONY OF DIEGO LOPEZ Pursuant to the Court’s Orders [Dkt. 258 and 260], the Parties, by and through their respective undersigned counsel, hereby submit their respective deposition designations and objections to the testimony of Diego Lopez’s, (1) personal deposition taken on August 5, 2022 (see Exhibit A) and (2) Fed. R. Civ. P. 30(b)(6) deposition taken on September 23, 2022 (see Exhibit B). Pursuant to CNS Civ. Standing Order III.I.3, the City of Fort Collins (the “City”) has identified its designations in yellow highlighting and Open International, LLC and Open Investments, LLC (collectively “Open”) have identified their designations in blue highlighting. For their respective objections, the Parties further states as follows: Case No. 1:21-cv-02063-CNS-SBP Document 267 filed 10/13/23 USDC Colorado pg 1 of 6 2 The City’s Designation of Diego Lopez, August 5, 2022 Deposition: Start Page:Line End Page:Line Open's Objections The City's Responses to Open’s Objections 7:22 7:23 20:9 20:11 31:8 31:12 32:21 32:23 36:2 36:10 36:15 36:25 37:5 37:14 39:11 39:21 No objections, but note errata to correct “we have it as” to “we have, as” and “but a list” to “but at least” 40:1 40:8 60:25 61:19 67:2 67:13 70:19 70:24 78:8 78:21 80:25 81:17 96:20 97:12 120:19 120:22 121:15 121:25 128:15 129:2 129:11 129:22 The City’s Re-Cross Designations to Open’s Designations of Diego Lopez’s 8/5/2022 Personal Deposition (inclusion to be based on the Court’s ruling on Open’s Designations) Case No. 1:21-cv-02063-CNS-SBP Document 267 filed 10/13/23 USDC Colorado pg 2 of 6 3 Start Page:Line End Page:Line Open's Objections The City's Responses to Open’s Objections Start Page:Line End Page:Line Open's Objections The City's Responses to Open’s Objections 79:15 79:19 Open’s Counter-Designation of Diego Lopez, August 5, 2022 Deposition: Start Page:Line End Page:Line The City’s Objections Open’s Responses to the City’s Objections 61:20 62:3 67:25 68:18 79:22 80:11 81:18 82:12 The City’s Designation of Diego Lopez, September 23, 2022 30(b)(6) Deposition: Start Page:Line End Page:Line Open's Objections The City's Responses to Open’s Objections 7:18 7:24 9:4 9:8 15:18 17:8 20:20 21:14 No objections, but note errata for 21:6 (“call and” to “can”) 22:12 23:7 25:16 25:20 29:4 29:5 29:18 29:22 Foundation (no personal knowledge of email established and specific emails not a noticed topic) Rule 30(b)(6) testimony and was the witness designated on topic covered by the email (“basis for the representations made and promises set forth in the Parties’ above contracts, including those concerning…the Case No. 1:21-cv-02063-CNS-SBP Document 267 filed 10/13/23 USDC Colorado pg 3 of 6 4 Start Page:Line End Page:Line Open's Objections The City's Responses to Open’s Objections functionalities of the Open Smartflex”). Rule 32(a)(3). 30:18 32:13 Foundation (no personal knowledge of email established and specific emails not a noticed topic) Note errata for 32:2 (“less” to “last”) Rule 30(b)(6) testimony and was the witness designated on topic covered by the email (“basis for the representations made and promises set forth in the Parties’ above contracts, including those concerning…the functionalities of the Open Smartflex”). Rule 32(a)(3). 46:17 47:12 67:3 67:24 68:1 68:13 70:13 71:23 96:21 96:25 97:21 98:6 125:10 125:16 126:2 127:15 135:19 136:18 No objections, but note errata to correct “SOW” to “SAO” 136:3-4 138:14 139:20 No objections, but note errata to 138:22 (“own result” should be “unresolved”) 143:6 143:10 Open’s Counter-Designation of Diego Lopez, September 23, 2022 30(b)(6) Deposition: Start Page:Line End Page:Line The City’s Objections Open’s Responses to the City’s Objections 21:15 22:11 Case No. 1:21-cv-02063-CNS-SBP Document 267 filed 10/13/23 USDC Colorado pg 4 of 6 5 Start Page:Line End Page:Line The City’s Objections Open’s Responses to the City’s Objections 26:14 27:25 FRE 611(b) Exceeds Scope at 25:16-20. FRE 602 Foundation, Speculation, FRE 401/402. States that he doesn’t “recall”. Pertinent to preceding City- designated testimony (and at 96:21-25, et seq.) about OSF release; testifies only to what he recalls personally. 29:23 30:15 32:14 34:9 FRE 611(b) Exceeds Scope. FRE 602 Foundation, Speculation, FRE 401/402. States that he doesn’t “recall”. Testimony completes adjacent City-designated testimony, relevant to weight of that testimony. 50:25 52:4 FRE 611(b) Exceeds Scope Testimony addresses City- designated testimony at 138- 139. 99:20 100:17 137:5 138:13 143:12 144:18 The City’s Re-Cross Designations to Open’s Designations of Diego Lopez’s 9/23/2022 30(b)(6) Deposition (inclusion to be based on the Court’s ruling on Open’s Designations) Start Page:Line End Page:Line Open's Objections The City's Responses to Open’s Objections 34:10 34:18 Jointly submitted this 13th day of October, 2023. DORSEY & WHITNEY LLP HOLLAND & HART LLP s/ Maral J. Shoaei Case Collard collard.case@dorsey.com Andrea Ahn Wechter wechter.andrea@dorsey.com Maral J. Shoaei s/ Alexandria E. Pierce Paul D. Swanson pdswanson@hollandhart.com Kevin C. McAdam, kcmcadam@hollandhart.com Alexander D. White Case No. 1:21-cv-02063-CNS-SBP Document 267 filed 10/13/23 USDC Colorado pg 5 of 6 6 shoaei.maral@dorsey.com Dorsey & Whitney LLP 1400 Wewatta Street, Ste. 400 Denver, Colorado 80202 Telephone: (303) 629-3400 Attorneys for Plaintiff City of Fort Collins adwhite@hollandhart.com Alexandria E. Pierce aepierce@hollandhart.com Holland & Hart LLP 555 17th Street, Suite 3200 Denver, Colorado 80202 Telephone: 303-295-8000 Attorneys for Defendants Open International, LLC and Open Investments, LLC CERTIFICATE OF SERVICE I hereby certify that on October 13, 2023 I caused the foregoing document to be electronically filed via CM/ECF system which will send notification of such filing to all counsel of record. s/ Stacy Starr DORSEY & WHITNEY LLP Case No. 1:21-cv-02063-CNS-SBP Document 267 filed 10/13/23 USDC Colorado pg 6 of 6 Exhibit A Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 1 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 2 Civil Action No.: 21-cv-02063-DDD-NYW 3 CITY OF FORT COLLINS, 4 Plaintiff/Counterclaim Defendant, 5 vs. 6 OPEN INTERNATIONAL, LLC, 7 Defendant/Counterclaim Plaintiff, 8 and 9 OPEN INVESTMENTS, LLC, 10 Defendant. 11 _____________________________________________________ 12 VIDEOCONFERENCE VIDEOTAPED DEPOSITION OF 13 DIEGO FELIPE LOPEZ GAVIRIA 14 August 5, 2022 _____________________________________________________ 15 16 17 18 19 20 21 22 23 24 25 Page 1 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 2 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 2 1 APPEARANCES: 2 ON BEHALF OF THE PLAINTIFF/COUNTERCLAIM DEFENDANT: MARAL J. SHOAEI, ESQ. 3 ANDREA AHN WECHTER, ESQ. Dorsey & Whitney, LLP 4 1400 Wewatta Street, Suite 400 Denver, Colorado 80202 5 Phone: 303-629-3400 Email: shoaei.maral@dorsey.com 6 wechter.andrea@dorsey.com (Appearing via videoconference) 7 ON BEHALF OF THE DEFENDANT/COUNTERCLAIM PLAINTIFF: 8 PAUL D. SWANSON, ESQ. ALEXANDRIA E. PIERCE, ESQ. 9 Holland & Hart, LLP 555 17TH Street, Suite 3200 10 Denver, Colorado 80202 Phone: 303-295-8578 11 Email: pdswanson@hollandhart.com aepierce@hollandhart.com 12 (Appearing via videoconference) 13 Also present: John Duval, Esq. Dennis Clayton, Videographer 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 1 PURSUANT TO WRITTEN NOTICE and the 2 appropriate rules of civil procedure, the 3 Videoconference Videotaped Deposition of DIEGO FELIPE 4 LOPEZ GAVIRIA, called for examination by the 5 Plaintiff/Counterclaim Defendant, was taken remotely, 6 commencing at 9:02 a.m. on August 5, 2022, before 7 Jennifer Windham, Certified Shorthand Reporter and 8 Notary Public in and for the State of Colorado. 9 10 I N D E X 11 EXAMINATION: PAGE 12 By Ms. Shoaei 7 13 14 EXHIBITS: PAGE 15 Exhibit 331 E-mail to Valadez and Storer 87 16 from Beltran, Subject: 7.0 Implementation VR, with 17 various e-mails attached 18 Exhibit 332 E-mail to Valadez and 110 de la Pena from Lopez, 19 Subject: Milestone Estimates for Integration, 20 6/22/18, with various e-mails attached 21 Exhibit 333 E-mail to Bishop from Lopez, 153 22 Subject: Initiation and Planning, 11/14/18, with 23 various e-mails attached 24 25 Page 4 1 Exhibit 334A E-mail to Nunez from Lopez, 158 Subject: Project's Follow-Up 2 Report Released, 12/4/18 (Spanish Version) 3 Exhibit 334B E-mail to Nunez from Lopez, 158 4 Subject: Project's Follow-Up Report Released, 12/4/18 5 (English Version) 6 Exhibit 335 E-mail to Mercado from Bishop, 177 Subject: HA Meetings, 12/11/18, 7 with various e-mails attached 8 Exhibit 336 E-mail to Mercado from Bishop, 201 Subject: Project Documentation, 9 12/12/19, with various e-mails attached 10 Exhibit 337A E-mail to Parrott from Lopez, 212 11 Subject: CFC: Delay Impact Agreement, 3/12/20 12 (Spanish Version) 13 Exhibit 337B E-mail to Parrott from Lopez, 213 Subject: CFC: Delay Impact 14 Agreement, 3/12/20 (English Version) 15 Exhibit 338 E-mail to Lopez from Valadez, 221 16 Subject: TMG Interviews, 2/10/21, with various e-mails 17 attached 18 Exhibit 339 E-mail to Lopez, et al., from 226 Huguett, Subject: Migratiom (sic) 19 On, 2/25/21, with various e-mails attached 20 EXHIBITS: (Previously marked) 21 Exhibit 241 128 22 Exhibit 246 145 23 Exhibit 246.1 146 24 Exhibit 290 78 25 Page 5 1 P R O C E E D I N G S 2 (At this time, Mr. Duval is not present.) 3 THE VIDEOGRAPHER: Good morning. We're 4 going on the record at 9:02 a.m. Central Time on 5 August 5th, 2022. Please note that this deposition 6 is being conducted virtually. Quality of the 7 recording depends on the quality of the camera and 8 Internet connection of participants. What is seen 9 from the witness and heard on this screen is what 10 will be recorded. 11 Audio and video recording will continue 12 to take place unless all parties agree to go off the 13 record. This is Media Unit Number 1 of the 14 video-recorded deposition of Diego Lopez taken by 15 counsel for the plaintiff in the matter of the City 16 of Fort Collins versus Open International, LLC, et 17 al., and related claims filed in the United States 18 District Court, District of Colorado. Case Number 19 21-cv-02063-DDD-NYW. 20 Please note this deposition is being 21 conducted remotely using virtual technology. My name 22 is Dennis Clayton, representing Veritext Legal 23 Solutions, and I am the videographer. The court 24 reporter today is Jennifer Windham from the firm 25 Veritext Legal Solutions. 2 (Pages 2 - 5) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 3 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 6 1 I am not related to any party in this 2 action, nor am I financially interested in the 3 outcome. If there are any objections to the 4 proceedings, please state them at the time of your 5 appearance. 6 Counsel and all present, including 7 remotely, will now state their appearances and 8 affiliations for the record beginning with the 9 noticing attorney. 10 MS. SHOAEI: Good morning. Maral 11 Shoaei from Dorsey & Whitney on behalf of plaintiff, 12 the City of Fort Collins. 13 MS. WECHTER: Andrea Ahn Wechter also 14 of Dorsey & Whitney for the plaintiff. 15 THE VIDEOGRAPHER: Mr. Swanson, you're 16 muted. 17 MR. SWANSON: Paul Swanson and Alex 18 Pierce from Holland & Hart, LLP, for defendants and 19 counterclaimant Open International and Open 20 Investments. 21 THE VIDEOGRAPHER: The court reporter 22 has a brief statement and then will swear in the 23 witness. 24 THE REPORTER: All counsel 25 participating in this deposition acknowledge that I Page 7 1 am not physically present with counsel nor the 2 deponent and that I will be reporting this deposition 3 and swearing in the deponent remotely. 4 In lieu of an oath administered in 5 person, the witness declares that his testimony in 6 this matter is being given under penalty of perjury. 7 The parties and their counsel consent to this 8 arrangement and waive any objections to this manner 9 of reporting and manner of providing an oath. 10 Counsel, please indicate your agreement 11 by stating your name and your agreement on the 12 record, and then I will swear in the witness. 13 MS. SHOAEI: Maral Shoaei; agreed. 14 MS. WECHTER: Andrea Wechter; agreed. 15 MR. SWANSON: Paul Swanson and Alex 16 Pierce; agreed. 17 DIEGO FELIPE LOPEZ GAVIRIA, 18 having been first duly sworn, was examined and 19 testified as follows: 20 EXAMINATION 21 BY MS. SHOAEI: 22 Q. Good morning, Mr. Lopez. 23 A. Good morning. 24 Q. Can you please state your full name for 25 the record. Page 8 1 A. Yeah. Diego Felipe Lopez Gaviria. 2 Q. Thank you. And is it okay if I call 3 you Mr. Lopez, or would you like Mr. Gaviria? 4 A. Mr. Lopez is okay. 5 Q. Okay. Thank you. Mr. Lopez, where are 6 you located today? 7 A. I'm located in Cali, Colombia. 8 Q. Great. And is where you are currently, 9 physically, is that your home? 10 A. Yes. 11 Q. Okay. Is there anyone else in the room 12 with you? 13 A. Nope. 14 Q. And do you have any notes in front of 15 you? 16 A. No. 17 Q. Okay. You know, we're -- this is a 18 virtual situation, so it's -- I'm trying to get our 19 barriers and make sure we're all set. Do you have 20 any applications open on your computer other 21 than Zoom right now? 22 A. Open Edge, which is my browser that I 23 opened to log to the meeting. 24 Q. Okay. Anything else? 25 A. Nope. Page 9 1 Q. Okay. Great. Have you ever been 2 deposed before? 3 A. No. 4 Q. Okay. So I want to go through some 5 ground rules with you that are just basic deposition 6 rules that we'll follow here today. One of the first 7 things is, we are being transcribed -- everything 8 that we are saying is being transcribed by our court 9 reporter, Ms. Jennifer Windham. 10 One of the key things that we want to 11 keep in mind is we don't want to talk over each 12 other. We want a clean record. And so I will 13 wait -- I will provide -- I'll give you my question, 14 and then I'd just ask that you wait a few seconds and 15 then respond. So that way there's no overlap. And I 16 will do the same. 17 I will wait -- I will try and wait 18 until I think you're done with my questions to ask -- 19 excuse me -- done with your answers to ask my next 20 question. I know sometimes that's a little 21 difficult. I may anticipate you being done with your 22 answer before you are. But that goal is to keep it a 23 clean record. Does that make sense? 24 A. Yeah. 25 Q. Okay. One other thing that is very 3 (Pages 6 - 9) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 4 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 10 1 human nature is we like to either say uh-huhs, 2 um-hums or shake our head. But since this is all 3 being transcribed, we need verbal responses. So yes, 4 no, maybe, whatever your answer is. Just no -- just 5 no shaking of the heads, uh-huh, huh-uhs, okay. Does 6 that make sense? 7 A. Yes. 8 Q. Great. During the course of today, I 9 will be asking you a series of questions. If you 10 answer my question, I will assume you understand it. 11 If you need something clarified, though, let me know 12 and I will try and clarify it. Is that fair? 13 A. Yeah, okay. 14 Q. We will also be taking -- throughout 15 the day, if you need a break, just let me know. We 16 are breaks -- I try to take them between -- about 17 every hour and a half -- hour to hour and a half 18 depending on how things are going. 19 But if you need a break in between, let 20 me know. The only thing is, I ask that you answer a 21 question that's currently pending before we go on a 22 break. Okay? 23 A. Okay. 24 Q. In preparation for your deposition 25 today, did you speak with anyone? Page 11 1 A. Sorry? 2 Q. In preparation -- I'm sorry? 3 A. I didn't hear you well. 4 Q. No problem. I heard some type of noise 5 in the background. I did too. So in preparation for 6 your deposition today, what did you do to prepare? 7 A. I meet with my counsel, Paul Swanson, 8 and review a bunch -- a whole pile of documents. 9 Q. Okay. The documents -- and I'm not 10 going to ask you what you spoke to Mr. Swanson about. 11 But for the documents that you reviewed, what type of 12 documents were they? 13 A. E-mails, documents from -- from the 14 project, things like that. 15 Q. Okay. What -- what kind of documents 16 from the project? 17 A. Plans, project plans, memos. 18 Q. What memos? 19 A. From -- memos that -- from the City or 20 Open we sent. 21 Q. And what was -- what was the substance 22 of those memos that you looked at? 23 A. Regarding things that happened during 24 the project. 25 Q. Do you remember what time period? Page 12 1 A. No, not exactly. 2 Q. And you mentioned plans. What type of 3 plans did you look at? 4 A. Project plans. The document that we 5 produced during the project. 6 Q. Okay. And you say the project plan. 7 Is that one document? Multiple sub documents? 8 A. It would be several documents. 9 Q. Okay. And so what -- what are the 10 several documents that you looked at related to the 11 project plan? 12 A. Excel files that we used to -- to 13 create the project plans. 14 Q. And you also mentioned e-mails. What 15 were the e-mails that you looked at? 16 A. Sorry? 17 Q. What were the e-mails that you looked 18 at? 19 A. Communications that we have through the 20 project. 21 Q. I understand. Do you remember any of 22 them? 23 A. There were a lot, so . . . 24 Q. Did you do anything else? Did you meet 25 with anyone else other than Mr. Swanson? Page 13 1 A. Also we have overall meeting with Alex 2 Pierson (sic) just to set the -- like the general 3 aspects or recommendations around the position. 4 Q. Okay. And when you referred to Alex 5 Pierce, you're also referring to Ms. Pierce at 6 Holland & Hart, correct? 7 A. Yes. 8 Q. Okay. And so, again, not trying to ask 9 you what you spoke to your counsel about. Did you 10 speak to anyone else other than counsel in 11 preparation for your deposition today? 12 A. No. 13 Q. Generally, you understand that there's 14 a current -- do you understand that there's a current 15 lawsuit pending before the City of Fort Collins and 16 Open? 17 MR. SWANSON: Objection, form. 18 A. There is what? Sorry. 19 Q. (BY MS. SHOAEI) Do you understand that 20 there is a current lawsuit pending between the City 21 of Fort Collins and Open? 22 A. Yes. 23 Q. Okay. And have you spoken to anyone at 24 Open regarding the lawsuit? 25 A. No. For example, during this week I 4 (Pages 10 - 13) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 5 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 14 1 had to -- just to -- to say that I will not be 2 available for today's meetings or whatever -- 3 somebody call who wanted me to meet because I will 4 have been -- I will have some things to do with the 5 case. 6 Q. Okay. And then other than telling 7 them -- I understand that you told them that you're 8 going to be out of pocket today because you're going 9 to be here. 10 A. Yeah. 11 Q. I understand. Other than doing -- 12 telling the people that you're going to be in the 13 deposition today, have you spoken to anyone else at 14 Open regarding the lawsuit? 15 MR. SWANSON: I'm just going to 16 instruct you, Mr. Lopez, not to reveal any 17 communications between Open and its lawyers that are 18 privileged. But if you had any other conversations 19 without lawyers involved, not about legal advice, you 20 can answer. 21 A. Okay. Just general follow-up from -- 22 from Hernando Parrott about -- about the status of 23 the lawsuit and future possibilities of -- like this 24 one that was possible that I was being called for a 25 deposition. But just to -- to coordinate and to be Page 15 1 ready for whatever the process will require. 2 Q. (BY MS. SHOAEI) Understood. And when 3 was that conversation with Mr. Parrott? 4 A. It will be like -- I don't remember, 5 like two or three weeks ago when we went -- when I 6 was noticed about -- when we received the notice. I 7 don't remember. Maybe four weeks ago. I don't 8 remember. 9 Q. Okay. So fairly recently? 10 MR. SWANSON: Objection, form. 11 A. Yeah. 12 Q. (BY MS. SHOAEI) Okay. Have you spoken 13 to anyone -- I'm going to ask you questions today 14 regarding -- for a company called Milestone. Do you 15 understand what I mean when I refer to Milestone? 16 A. Yes. 17 Q. Okay. And Milestone was a partner with 18 Open on the project with the City of Fort Collins; is 19 that right? 20 A. Yes. 21 Q. Great. And one of the other things I 22 will -- I'm going to use a lot of terms today that 23 I'm going to try to abbreviate just to keep things 24 moving along. And a lot of terms that you're 25 probably familiar with. But let me go through each Page 16 1 one. 2 I'm going to refer generally to the 3 project with the City of Fort Collins as just "the 4 project." Does that -- does that make sense to you? 5 If I say "the project," do you understand what I'm 6 referring to? 7 A. Yes. 8 Q. And if I refer to OSF, Smartflex, 9 Open's product, I'm referring to Open's Smartflex 10 product. Does that make sense? 11 A. Yes. 12 Q. Okay. And I'll use the term CIS, and 13 that, I'm referring to, Customer Information Systems. 14 Does that make sense to you? 15 A. Yes, it makes sense. 16 Q. Okay. And for a lot of times I will 17 just abbreviate the City of Fort Collins to "the 18 City." And is that -- is that -- do you understand 19 what I mean by that? 20 A. Yeah, I do. 21 Q. Okay. And I'm just doing that for the 22 record so that way we have -- we don't have -- if you 23 don't understand something, I just want you to tell 24 me, but it's so we keep things moving along today. 25 With respect to still -- the pending Page 17 1 lawsuit between the City and Open, have you spoken to 2 anyone at Milestone about it? 3 A. No. 4 Q. Have you spoken to anyone at the City 5 about the lawsuit? 6 A. No. 7 Q. Have you spoken to anyone else 8 substantively about the lawsuit other than your 9 attorneys? 10 A. My wife. 11 Q. Okay. What have you told your wife? 12 MR. SWANSON: Objection. 13 A. Sorry? 14 Q. (BY MS. SHOAEI) What have you discussed 15 with your wife about the lawsuit? 16 A. That we are having one, and that I was 17 going to have a deposition today. 18 Q. Mr. Lopez, let's go a little bit -- get 19 to know you a little bit and understand where -- can 20 you tell me just a little bit about your educational 21 history since college. 22 A. I will start with the high school. I 23 do the primary high school and a bilingual school 24 here in Colombia, Collegia Jefferson. And then I 25 study in University of Javierian and also engineer -- 5 (Pages 14 - 17) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 6 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 18 1 THE REPORTER: I'm sorry. Can you say 2 that again. Was it a school that you mentioned? 3 THE DEPONENT: Collegia Jefferson. And 4 then my -- my college degree, my university degree, I 5 do it at Universidad or Javierian University. I got 6 the title of industrial engineer, and after that I 7 have made an MBA and certifications around project 8 management and -- and a bunch of things around 9 project management. 10 Q. When did you get your industrial 11 engineering degree? 12 A. 19 -- sorry. 2004. 13 Q. So I don't want you to make yourself 14 older than you are. So 2004. And then when did you 15 get your MBA? 16 A. It was 2015. 17 Q. What made you go back and get your MBA? 18 A. What made you what? Sorry. 19 Q. What made you go back to school and get 20 your MBA? 21 A. Professional growth. I wanted to -- to 22 know more about management, had some skills 23 like (inaudible) -- 24 Q. Some skills like? I'm sorry. What was 25 that last word? Page 19 1 A. I wanted to increase some skills that 2 I -- some management skills that I wanted just to -- 3 to have it. And also because I -- I wanted to -- 4 to -- it was something that I wanted to -- since the 5 beginning to have my MBA after I had some time 6 working and having the time to experience the -- 7 the -- the work. 8 Q. And let's go to the work aspect. So 9 after you received your industrial engineering degree 10 in 2004, what did you do? 11 A. I was working in my -- in a company 12 that produced notebooks as a production analyst. We 13 were hired even before I was graduated to do my 14 graduated -- like experience in a company. And we 15 were hired with another five colleagues to implement 16 an Oracle business suite in this company. 17 Q. And what was this company called? 18 A. Norma Notebooks. 19 Q. Norma? 20 A. Norma. 21 Q. Thank you. And how long were you at 22 Norma Notebooks? 23 A. It was until -- like a year and a half. 24 Maybe more. Year and ten months. 25 Q. Okay. So until what year were you at Page 20 1 Norma Notebooks? 2 A. Until 2005. 3 Q. 2005. Okay. And currently you are 4 with Open International; is that correct? 5 A. 2005. 6 Q. No, no. Currently. Today. 7 A. Currently. Yeah. Ah, yeah. Today. 8 Yes. 9 Q. And how long have you been with Open? 10 A. Since 2009. I will be -- this October 11 will be 13 years. 12 Q. Happy early anniversary. And let's 13 start with when you started in 2009. What was your 14 position then? 15 A. I was hired as PMO professional. 16 Q. PMO professional. Can you explain to 17 me what that means. 18 A. It was a new role. Really what I was 19 hired to do was to help develop and structure the PMO 20 for professional services division at Open. 21 Q. And PMO -- and correct me if I'm 22 wrong -- but that stands for professional management 23 office? 24 A. Project management -- project 25 management office. Page 21 1 Q. Thank you. And so what -- what is, to 2 your understanding, the project management office? 3 Like what is it? 4 A. What is it as a general or in Open? 5 Q. Correct. Well, let's do both. Let's 6 start with general. To your understanding, what is a 7 PMO in general? 8 A. In general it's an office that -- or 9 it's a group of people that -- there are different 10 levels of PMOs. The most basic one is just enough 11 that will track and have some KPIs around the 12 projects that the PMO will manage. 13 And the more advanced will be -- will 14 provide different services as training, as staffing. 15 We'll define methodologies, we'll have more 16 responsibilities of management in the portfolio of 17 projects that this PMO will -- will have. 18 Q. And based off of what you just 19 explained as your general understanding of a PMO, how 20 was Open's PMO different, to your understanding? 21 MR. SWANSON: Objection, form. 22 A. Really the only difference that I will 23 say or a big difference is that normally the PMOs in 24 most of the companies work on projects that are 25 created for -- internally on the company's 6 (Pages 18 - 21) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 7 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 22 1 improvement projects, development projects for things 2 that the same company will use. 3 In our case, the PMO was the project 4 management office to work with the projects that we 5 develop in order to implement the software on our 6 clients. In -- in the structure has some kind of 7 slight difference but makes our PMO to do some things 8 different from -- from the rest. 9 Q. (BY MS. SHOAEI) Understood. So there's 10 a more external factor to Open's PMO; is that fair? 11 A. Yes. That project that -- that we 12 manage were projects related to delivering our system 13 like a service, part of our service. 14 Q. And when you're discussing Open's 15 products or software, are you talking about OSF? 16 A. Yeah. OSF. 17 Q. And so how long were you -- excuse 18 me -- the PMO professional after starting in 2009? 19 A. Sorry? How long? 20 Q. How long. Correct. 21 A. When I get to the -- to Open in 2009, 22 there were some -- there was a person that was 23 already hired. I may recall that -- that some month 24 earlier than me who was the person in charge of the 25 PMO, he already had established some basic things Page 23 1 about the PMO, and for that moment on until now we 2 have been developing the PMO around the needs of 3 Open, so I will say that around 2009 until now. 4 Q. Understood. And I -- and I think I may 5 have just asked a very poorly -- question. But how 6 long were you a PMO professional? You started in -- 7 A. Okay. 8 Q. -- 2009. And how long did you hold 9 that title? 10 A. I will -- if I remember correctly -- 11 correctly, I was until 2010 where our first -- we had 12 a project, a new project to implement Open Smartflex, 13 and I was assigned to be the project manager of that 14 project. So I -- I switched from professional -- PMO 15 professional to project manager. 16 Q. Okay. And so how long were you project 17 manager? 18 A. I was in that project -- that 19 particular project I went from like a year, almost 20 two years in that project. 21 Q. So about 2010 to 2012? Does that sound 22 right? 23 A. Yeah. Yeah. 24 Q. And what project was that? 25 A. It was to implement OSF in a company Page 24 1 here in Colombia, an energy company called Compania 2 Energetica de Occidente. It's a company that 3 provides energy to the south region of the country. 4 Q. Understood. And was -- this was in 5 2009. Do you know what version of Smartflex was 6 being -- 7 A. It was -- 8 Q. -- implemented? 9 A. Sorry. Yes. It was Version 7. 10 Q. And we'll get to this -- to this a 11 little later. But have you ever seen any of the 12 coding for Smartflex, the back-end coding? 13 A. Not that I remember. 14 Q. Okay. And I know that you said you're 15 an industrial engineer. Do you have a coding 16 background? 17 MR. SWANSON: Objection, form. 18 A. Yes. Before I get to industrial 19 engineer, I am like a computer geek. I play a lot of 20 games, a lot of -- I have some -- make some coding, 21 basic language, C language, C++. Something basic 22 medium, but more from -- for my, like, personal 23 interest. 24 Q. (BY MS. SHOAEI) Understood. Well, when 25 all of this is over, I may introduce you to my Page 25 1 husband and you guys can play games together, because 2 he does all of the time. 3 So with respect to that project -- 4 I'll call it the energy project just to keep it 5 simpler for everyone -- it was from 2002 to 2012, 6 what -- what did you do next? So that was when you 7 were the project manager. What was your next 8 position? 9 MR. SWANSON: Objection, form. 10 A. The next assignment or the next role 11 was to -- as project manager in -- in a company 12 that -- two companies was a project that we were 13 implementing Smartflex in two companies. One 14 disposal company here in the county or the city where 15 I am right now, Cali, and a water service company at 16 Colombia also, but in the central region. 17 Q. (BY MS. SHOAEI) Great. And how long 18 were -- was this -- I understand it was for two 19 companies, but was it one project? 20 A. Yeah. It was one project. It was with 21 the same company, Veolia. They had two operations 22 that they were running here. One was this disposal 23 company here in Valle del Cauca and the other company 24 was in Ganja, central region of Colombia, that 25 provides water and sewer services to the region. So 7 (Pages 22 - 25) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 8 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 26 1 yes, it was one project implementing the software in 2 these two companies. 3 Q. And for this project, it sounds like it 4 was only utilities; is that right? 5 A. Yeah. For those it was only utilities. 6 Q. And how long was this project? Or how 7 long were you the project manager for this project? 8 A. My mind will not recall exactly the 9 dates, but I -- if I recall well, this project went 10 for maybe a year or so. 11 Q. So maybe until about 2013? 12 A. Yeah. 13 Q. Okay. And then what was your next role 14 with Open? 15 A. Okay. Before the last stage of the 16 project finished or concluded, I was assigned to 17 another project that was related to implement Open's 18 Smartflex in a water company at the north region of 19 the city, Emdupar. I have some -- like a couple of 20 months, I will say, maybe two or three that were -- 21 that I was managing both projects. While I am 22 closing one, we were starting the other one. 23 Q. Understood. And how long were you the 24 project manager on this next -- I'll call it next 25 company -- or this project? Page 27 1 A. For Emdupar I was -- we did a project 2 to -- I was project manager about six months. That, 3 if I recall well, was the direction of the project. 4 Q. Okay. So it sounds like we may still 5 be in 2013; is that right? 6 A. Yeah, yeah. 7 Q. Okay. And so what about after that 8 role? 9 A. I went back to the PMO and the 10 formal -- and there were already another person at 11 the direction of the PMO. I was working there as a 12 project management -- project manager that was 13 helping to develop procedures with you, review things 14 that we were -- needed to do in order to improve, and 15 I do that until the next project that I was assigned 16 to. 17 Q. Okay. And what was the next project 18 you were assign to? 19 A. I was assigned to Chilquinta Energy. 20 This was a project held in Chile, the region of 21 Valparaiso. It started around 2013, if I recall 22 well. But I -- I was getting to the project around 23 the end of 2014. 24 Q. Okay. 25 A. But I'm not recalling well the -- the Page 28 1 dates. 2 Q. I understand. And you're going off of 3 your memory, so I understand if you're off a little 4 bit here and there. It's been -- it's been a few 5 years, so I totally understand. And how long were 6 you at -- how long were you the project manager for 7 this project? 8 A. It was like since November, I will say, 9 2014. September, November, until we finished the 10 project in 2016. 11 Q. And for -- 12 A. May 2016. Sorry. 13 Q. No. That's okay. Thank you. And for 14 this project, was it only utilities? 15 A. No. We have utilities there. We have 16 energy, but they also have some Internet customers 17 and other services that they call additional 18 services, like a service where -- where they finance 19 some electrical appliances or appliances, home 20 appliances. So that was another service different 21 from what you're used to finding in utilities and all 22 of the energy clients. 23 Q. Okay. And the term that I may use 24 today is an integrated system. Do you know what I 25 mean by "integrated system"? Page 29 1 MR. SWANSON: Objection, form. 2 A. Maybe you need to be more specific. 3 Q. (BY MS. SHOAEI) Sure. Well, in an 4 integrated system -- let me ask you this way. This 5 project that you were on that had utilities and 6 Internet, would -- would it have allowed a customer 7 to access both its utilities and Internet through 8 OSF? 9 MR. SWANSON: Objection, form. 10 A. Yes. 11 Q. (BY MS. SHOAEI) And would you call that 12 an integrated system? 13 A. I'm not sure. Because for me 14 integrated system is where you can find a system with 15 different modules, different functionalities that are 16 binded together for the end user. This is my -- my 17 concept of integrated system. 18 Q. Understood. 19 A. It's a small -- 20 Q. Understood. This is your definition -- 21 this is your -- your understanding of integrated. 22 And so when you started on this -- this project that 23 we're talking about, this one in Chile in 2014, 24 2016 -- excuse me -- 2014 through 2016, do you know 25 if Open had represented to itself as having an 8 (Pages 26 - 29) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 9 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 30 1 integrated system? 2 MR. SWANSON: Objection, form. 3 A. As my interpretation of integrated, 4 yes, we have a CIS as an integrated system. We 5 didn't have any modules. And also we had field 6 service. Let's say functionality that also was at 7 that time integrated with our software. 8 Q. (BY MS. SHOAEI) Okay. And so just so 9 I make sure I understand what you said. Open had 10 represented itself to -- I'm going to call it -- I 11 think you said Chilquinta was the company name? 12 A. Yeah, yeah. 13 Q. And so Open had represented to 14 Chilquinta that it had an integrated system; is that 15 right? 16 MR. SWANSON: Objection, form. 17 A. Yes. As only one system that could be 18 logged by the user and could have all of the 19 functionalities that are integrated in one system, 20 yes. 21 Q. (BY MS. SHOAEI) Okay. And once you 22 were done with this project in May of 2016, what was 23 your next role with Open? 24 A. After that I was promoted or -- I was 25 promoted to -- to PMO director. We switched to -- to Page 31 1 add some internal structure, and I was assigned by -- 2 by -- by Open to leave the PMO. 3 Q. Okay. And so as PMO directors, was 4 that starting in May of 2016? 5 A. Yeah. A little bit earlier just to 6 make some -- sorry -- to make some catch-up on the 7 things. But yeah, we can say that May 2016. 8 Q. Okay. And have you been the PMO 9 director since May of 2016? 10 A. Yeah. Until -- until some assignment 11 of Fort Collins, which I went to -- to be the project 12 manager for the project at Fort Collins. 13 Q. Correct. And we'll get -- we'll get to 14 this. But my understanding is you became the project 15 manager for a certain period of time on the project; 16 is that right? 17 A. Yeah. 18 Q. While you -- while you were -- I want 19 look at it a little more in time here. In 2017 you 20 were the PMO director, correct? 21 A. Yes. 22 Q. Did you -- what was -- what was your 23 role and responsibilities at that time as PMO 24 director? 25 A. We have had the PMO staffing assignment Page 32 1 of the person at professional services to maintain 2 the project methodology and to work on the 3 estimations related to the project implementations 4 for that prospects and new clients that the sales 5 area or department were working on. 6 Q. And did you have people that were 7 reporting to you? 8 A. Yes. At that time, if I recall well, I 9 think that I had around five -- 10 Q. And -- 11 A. -- maybe more, five versions. 12 Q. I apologize. I did not mean to cut you 13 off there. Did you report to anyone? 14 A. Yes. I reported to the professional 15 service vice president, Juan Pablo Nunez. 16 Q. Okay. Mr. Nunez. And so since that 17 time, have you -- since you've been the PMO director, 18 have you reported to anyone else other than 19 Mr. Nunez? 20 A. No. 21 Q. And in 2018, you were also the PMO 22 director, correct? 23 A. Yes. 24 Q. And did you have about five people, 25 again, reporting to you? Page 33 1 A. I think that we have been -- I think 2 that we have been increasing our -- our PMOs, so I 3 think that, but at the time we were a little bit 4 more -- maybe six or eight. 5 Q. All right. And I just want to make 6 sure we're not missing anything here. So you were 7 project manager in 2016. Were you a project manager 8 again at all before you were a project manager for 9 the City? 10 A. No. 11 Q. Okay. And do you know why? 12 MR. SWANSON: Objection, form. 13 A. To be sincere, no. 14 Q. (BY MS. SHOAEI) Okay. Was Open 15 implementing Smartflex, to your understanding, during 16 that time period to May of 2016 until when you were 17 the project manager for the City on other -- for 18 other projects? 19 A. Sorry. Can you repeat the question. 20 Q. Absolutely. During -- after May of 21 2016, do you know whether Open was implementing 22 Smartflex for other companies? 23 A. Yes. Definitely. We have -- that was 24 part of my job to -- to support from a management 25 perspective the projects that were currently being 9 (Pages 30 - 33) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 10 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 34 1 executed. 2 Q. Okay. And so after May of 2016, what 3 other projects are you aware of where Open was 4 implementing Smartflex? 5 A. I think that there were a lot. There 6 were -- I recall we upgraded Coopelesca. We 7 implemented Interagua, a company, water and sewer. 8 We implement in -- in Central America called Inapa. 9 We also implement -- there were other projects with 10 Veolia around some other companies that were in 11 operation. 12 And I would say upgrade -- not 13 implementation projects, but also upgrades of 14 projects that we call upgrades, which is switching to 15 one version to another. I don't have it in writing 16 all of them off the top of my head, but there were -- 17 there were several. 18 Q. In between 2- -- May of 2016 and, say, 19 just the start of 2018, do you know whether Open 20 implemented Smartflex for any other project that 21 involved both utilities and Internet? 22 A. Yes. I, for example, Coopelesca, they 23 are a company that provides energy and also provides 24 telecommunications services like Internet. We did 25 the upgrade of this company. Page 35 1 Q. And -- 2 A. And for sure there will be more, but I 3 don't recall. 4 Q. Okay. And by "upgrade," were they 5 already -- was Coopelesca already using Smartflex? 6 A. Yes. They were in the older version. 7 I really don't recall. And we were upgrading them to 8 the -- to the version that was available at that 9 time. 10 Q. Do you recall what version of Smartflex 11 that was at that time that you were upgrading 12 Coopelesca to? 13 A. Not really to be -- to be exact the 14 number. 15 Q. That's okay. And do you know whether 16 Open had represented that it -- that Smartflex would 17 have been in -- was an integrated system to 18 Coopelesca? 19 MR. SWANSON: Objection, form. 20 A. As -- as we or -- a list -- I 21 understand integration, yeah. Because we implement 22 our CIS and also our field service. 23 Q. (BY MS. SHOAEI) Okay. Well, I think we 24 did a good job getting a little bit of your 25 background here. Now we know what kind of projects Page 36 1 you worked on. I'm going to go ahead and transition 2 to the work with the City, okay. So you're familiar 3 with the City of Fort Collins, correct? 4 A. Yes. 5 Q. Okay. And you -- when the -- do you -- 6 the project started in 2018; is that right? 7 A. Yes. 8 Q. When the project started, what was your 9 role? 10 A. I was PMO director. 11 Q. And do you -- do you recall right 12 offhand at the moment when you became the project 13 manager for the project? 14 A. Sorry. Can you -- 15 Q. Sure. Do you recall when you became 16 the project manager for the project? 17 A. Yes. Around the last month of 2019, 18 like November. 19 Q. Okay. So between when the project 20 first started and until November 2019, there was a 21 different project manager, correct? 22 A. Yes. 23 Q. And that was Dwayne Bishop; is that 24 right? 25 A. Yes. Page 37 1 Q. Okay. And Mr. Bishop was with 2 Milestone, who we -- who we briefly talked about who 3 Milestone was earlier; is that right? 4 A. Yeah. 5 Q. Do -- with respect to Milestone, do you 6 actually -- do you know when Open and Milestone began 7 working together? 8 A. Not exactly. But I do recall meeting 9 with -- having several meetings in Cali and also 10 in -- I think that it was in Georgia where they have 11 some -- some offices. I don't recall exactly, but 12 way before the project. Not exactly how long, but we 13 were working with Milestone as a partner to help us 14 move or -- or get into the U.S. market. 15 They have extensive experience in the 16 market of utilities in the United States, and from my 17 -- from my experience knew the industry very well. 18 So -- so she -- she started helping us in -- but 19 that's it. 20 THE REPORTER: I'm sorry. Say that 21 again. Who was helping you? 22 THE DEPONENT: Edith -- Edith Mercado. 23 THE REPORTER: It sounded like chilies. 24 THE DEPONENT: No. She -- she was. 25 MS. SHOAEI: She is what he is saying. 10 (Pages 34 - 37) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 11 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 38 1 THE REPORTER: She. Okay. Thank you. 2 Sorry. 3 A. But that's it. I will say that way 4 before we started Fort Collins. 5 Q. (BY MS. SHOAEI) Okay. And -- and I 6 appreciate you giving a little bit more detail there. 7 With respect to your -- your interactions with 8 Milestone -- I know you mentioned how you knew -- how 9 Open began discussing or having discussions with 10 Milestone so that it could enter the U.S. market, but 11 were you personally part of any of those 12 conversations? 13 A. I'm not exactly sure what you mean by 14 these kind of meetings, but the meetings where I 15 was -- for example, that I participate was I 16 presented, we worked together showing -- showing 17 them, Edith, Dwayne and other folks from -- from -- 18 from Milestone our methodology, to discuss it, to 19 see -- have feedback about -- about that. 20 Also, I participated in a few product 21 presentations that I was aware they were giving 22 internally and I participated as -- as just to be 23 updated on the last features of the version. This 24 kind of meetings was the ones that I participated 25 with them. Page 39 1 Q. Okay. Thank you. And with respect to, 2 you know, receiving feedback, were you receiving 3 feedback on Smartflex? 4 MR. SWANSON: Objection, form. 5 A. She -- she provide us from her view on 6 the -- on the industry feedback around general 7 things. And I don't have the specifics with the word 8 feedback and all of that, but we did appreciate her 9 knowledge and -- and was -- was something that -- 10 that was important to have. 11 Q. (BY MS. SHOAEI) In any of those 12 meetings and conversations that you were a part of, 13 did anyone from Milestone ever tell you or Open that 14 Smartflex was ready for the U.S. market? 15 MR. SWANSON: Objection, form. 16 A. To be -- I guess, no. We have it as -- 17 as -- as every software things to -- to review, but a 18 list, when I start talking to her, the perception 19 that I have from her and from the people from 20 Milestone is that we have very competitive software 21 for the market. 22 Q. (BY MS. SHOAEI) Okay. And so -- and to 23 just clarify what you're saying, that was your 24 perception; is that right? 25 A. She -- I would say, no, she said it. Page 40 1 Q. So Ms. Mercado told you that Open 2 was -- Open Smartflex was ready for the U.S. market? 3 MR. SWANSON: Objection, form. 4 A. Yes. 5 Q. (BY MS. SHOAEI) And do you recall when 6 she told you that? 7 A. No. But it was definitely prior -- in 8 our conversations prior to -- to -- to the project. 9 Q. And who else was present when -- if you 10 recall, when she told you that Open -- that Smartflex 11 was ready for the U.S. market? 12 A. I don't recall well. 13 Q. So I guess I'm a little confused 14 because I think when I first asked you the question 15 if whether Milestone had given feedback that 16 Smartflex was Open for the U.S. market, you said "to 17 be honest, no." What -- so -- so I'm trying to 18 understand why -- what did you mean when -- when you 19 first answered "to be honest, no"? 20 A. Specifically. I don't have -- I don't 21 recall specifically the feedback that she gave us, 22 the recommendations and the things that she noted as 23 something that we could -- the good things that 24 definitely makes the difference in the market and the 25 things that we should work on, that is what I was Page 41 1 referring to, the specifics. 2 Q. Okay. And so -- but you do know she 3 did tell you -- and this is you specifically, 4 Mr. Lopez. I'm not saying you, Open, but you heard 5 Ms. Mercado say that Smartflex was ready to enter the 6 U.S. market; is that correct? 7 MR. SWANSON: Objection, form. 8 A. Yes. 9 Q. (BY MS. SHOAEI) Okay. Did anyone else 10 at Open ever tell you that Smartflex was ready to 11 enter the U.S. market? 12 A. At Open? 13 Q. Anyone at Milestone. 14 A. No. 15 Q. Then you mentioned you were -- you did 16 some trainings with Milestone showing them Smartflex, 17 correct? 18 A. No. 19 Q. You never did training with Milestone 20 to show them Smartflex? 21 A. I -- 22 Q. Do you know -- do you know whether 23 there was -- whether Open provided any training to 24 Milestone on Smartflex? 25 A. Yes. Several trainings. 11 (Pages 38 - 41) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 12 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 42 1 Q. Do you know who provided those 2 trainings? 3 A. Consultants. Consultants of 4 professional services, architects of our development 5 center and also people that work in the architecture 6 from the sales team. 7 Q. Understood. The consultants, who were 8 the consultants? 9 A. I don't recall exactly, as we are 10 almost 200 consultants in professional service. But 11 I'm referring to the people that implement the 12 software. They are the ones that better know OSF. 13 And we -- and we set up the -- these trainings with 14 these people, help with the architecture, with what 15 we call P&T, which is the -- the development center 16 and people from the sales teams that work also and 17 have a very good understanding of the product and 18 also of the -- of the business processes. 19 Q. And so I want to -- there's a lot of -- 20 there's a lot of different, I think, buckets of 21 people that you just mentioned, and so I'm trying to 22 narrow them down a little bit under each umbrella 23 that you provided, under each bucket that you 24 provided. 25 So with respect to -- I think one of Page 43 1 the first things you mentioned was architects. 2 A. Yeah. 3 Q. Who, to your understanding, were the 4 architects that provided training to Milestone on 5 Smartflex? 6 A. Yeah. 7 Q. Who -- who -- who are these architects 8 that you're referring to? 9 A. I really don't recall exactly their 10 names. I do recall that -- that we, as part of the 11 training, we invited people from P&T, our development 12 center, in order to explain and go in a deeper level 13 the training and to answer some of the questions that 14 the audience for Milestone had around -- around some 15 specific things. So I really don't recall their 16 names, but -- but I do recall that we include people 17 from development area. 18 Q. Okay. Well, in -- in this time period, 19 so probably let's go with late 2017, do you know how 20 many people were part of the P&T for Open? 21 MR. SWANSON: Objection, form. 22 A. Very difficult to say because it also 23 has increased a lot, but I don't -- I don't recall 24 really exactly the number. 25 Q. (BY MS. SHOAEI) Sorry. What was that? Page 44 1 Something a lot? You said that is something a lot? 2 A. That has increased. 3 Q. Increased. Thank you. 4 A. Increased. 5 Q. Okay. Thank you. You said it has 6 increased a lot. And -- okay. So at this time you 7 can't recall who from Open provided training -- to 8 your understanding who provided training to 9 Milestone; is that right? 10 A. Yes. 11 Q. You did also mention an implementation 12 team. What is -- what is -- what is the 13 implementation team? 14 A. We have a staff in professional 15 services that is normally the people that implement 16 the software. So we have consultants, engineers, 17 people that -- they don't code the software, the 18 software, they don't do any coding, but they go to 19 our client, understanding their needs and work with 20 our client in implementation activities in order so 21 that we can at the end go live and support the 22 business of our clients. This is what I called 23 implementation consultants. 24 Q. In late 2017, do you recall who was the 25 implementation consultants that you mentioned that Page 45 1 worked with Milestone? 2 A. Not exactly. Because, again, the whole 3 staff is almost a hundred of -- of professional 4 services, so it's difficult to recall who. But I 5 said that several people that were actually in the 6 project, like Diego Barragan participated in these -- 7 in these trainings. 8 Q. Okay. And just so I make sure I heard 9 that correctly, that was Diego Barragan, correct? 10 A. Diego Barragan, yeah. 11 Q. Okay. And so if you were not part of 12 the trainings with Milestone, did you only hear the 13 feedback that they had at subsequent meetings? 14 MR. SWANSON: Objection, form. 15 A. Sorry. About what -- could you -- 16 Q. (BY MS. SHOAEI) Sure. So you're 17 saying that you were not part of any of the trainings 18 that Open provided to Milestone; is that correct? 19 A. About OSF. 20 Q. Okay. So what -- 21 A. Because I did -- personally did some of 22 the training around the implementation methodology 23 and had discussions with her -- with Dwayne and -- 24 and Edith and also another guy that I don't recall 25 his name around project management and the 12 (Pages 42 - 45) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 13 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 46 1 implementation methodology just to be precise around 2 your question. 3 Q. Okay. And thank you for clarifying 4 that. So you didn't have any trainings with 5 Milestone regarding the product, but you had 6 trainings with Milestone regarding implementation? 7 A. Yes. 8 Q. Okay. For the implementation 9 trainings, did you have -- did you show any aspect of 10 Smartflex? 11 MR. SWANSON: Objection, form. 12 A. I don't recall showing anything related 13 to Smartflex, but I have to be clear on something is 14 that -- just to be clear because you misinterpreted, 15 but our methodology is very tied to our product. 16 THE REPORTER: I'm sorry. What did you 17 say? Our what? 18 THE DEPONENT: Our methodology. 19 THE REPORTER: Our methodology. 20 THE DEPONENT: Is very tied to our 21 product. 22 Q. (BY MS. SHOAEI) Okay. What do -- what 23 do you mean by that? 24 A. We have built our methodology around 25 the product architecture. This means that when we Page 47 1 talked about how we implement, what we need to 2 understand or do something that I always tell in this 3 kind of training is that Smartflex has different 4 layers. 5 Layers, just to simplify it, we have a 6 core system, which is all of the coding, which is for 7 us when we implement is like a black box. And over 8 these core, we have industry layer, which has the 9 work flows, data, things that gave the software a 10 kind of -- this core system a kind of flavor. And I 11 mean flavor like we have the work flows for 12 utilities. And in utilities we have water, energy, 13 disposal, gas. 14 So they have different things in a 15 layer at the core layer, also telecommunication. 16 Within telecommunications, we have also different 17 layers depending on the product. And the third 18 layer, just to simplify it a little, we have what we 19 call the client domain, which is what we call 20 configuration. So the parameters, rules, reports, 21 notifications, bill format, integrations -- 22 THE REPORTER: Was that bill for net? 23 THE DEPONENT: Bill format. 24 THE REPORTER: Oh, billed format? 25 A. In which -- Page 48 1 MR. SWANSON: Is it build or bill 2 format? 3 THE DEPONENT: Bill, the invoice. The 4 invoice template. 5 Q. (BY MS. SHOAEI) I understood. You're 6 good, Mr. Lopez. I'm there with you. Okay. And 7 then integrations? 8 A. And this -- this -- this is the aspects 9 from your question that I did mention around -- 10 around Open Smartflex, but at that level. Because to 11 explain the methodology, I just only need to -- 12 somebody understands these three layers. And for 13 that point on, I can explain how -- how the 14 methodologies is a searcher. 15 Q. (BY MS. SHOAEI) And that's actually 16 really helpful. I may return back to these three 17 layers how you've explained it throughout the day 18 today. So as we'll -- I'll use your terminology that 19 you've used. I'll use the core, the industry layer, 20 and then the client domain I think were how you 21 described them. So I'll try to keep it consistent 22 with your terminology today. Okay? 23 A. Okay. 24 Q. So Mr. -- going back to Mr. Bishop, he 25 was the initial project manager for the project with Page 49 1 the City. Can you explain to me a little bit how 2 that relation -- how your role as PMO director worked 3 with Mr. Bishop as the project manager? 4 A. We -- to put it in -- in short words, 5 I -- I will support him in my role. My 6 responsibility was to support him and anything he 7 will need from the project management perspective or 8 from the management perspective or also I -- I 9 will -- I support him if he needs anything related to 10 the project management, the door is open. 11 So it was like some kind of -- I 12 provide him with the templates, with the -- any 13 questions that he had. I also -- we also discussed a 14 few topics or topics around questions that he may 15 have to -- regarding the way we do things or the way 16 we used to do things. And also because it was 17 important for me from the PMO to ask in every project 18 to -- to learn from -- from the things that are 19 happening in order so that we can improve our way of 20 doing our work. 21 Q. Do you know why Mr. Bishop became the 22 project manager for the project? 23 MR. SWANSON: Objection to form. 24 A. Not specifically. It was a decision 25 that was -- that was taken -- I was -- I was not part 13 (Pages 46 - 49) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 14 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 50 1 of that decision. 2 Q. (BY MS. SHOAEI) Okay. And so you don't 3 know how he was chosen to be the project manager? 4 A. No. 5 Q. Do -- did you know that Mr. Bishop does 6 not -- did not have any prior experience with 7 telecommunications? 8 MR. SWANSON: Objection to the form. 9 A. No, I didn't know that. 10 Q. (BY MS. SHOAEI) Did you ever come to 11 learn that Mr. Bishop didn't have prior experience 12 with telecommunications prior to the project? 13 MR. SWANSON: Objection, form. 14 A. For -- to be sincere, for us is not so 15 relevant, so I don't recall myself to being -- to 16 being that -- that something -- 17 Q. (BY MS. SHOAEI) Okay. And I guess 18 why -- why do -- why do you say it wasn't relevant? 19 A. The way our software works, we are not 20 building our software from scratch. We -- we have 21 already in the industry ledger we have -- we have a 22 set of workloads and procedures. And also because 23 the project management we -- we try to put it 24 agnostic as -- as the industry. 25 We don't have our -- and you can see Page 51 1 that in a lot -- in a lot of different software 2 companies or even industries. The project managers 3 not always are experts on the software because they 4 have a team that -- that do that part. 5 They -- in this case Bishop, my point 6 of view, was very competent to manage the project 7 because he has extensive experience in project 8 management, which was the real importance here. 9 And for any specifics around -- around 10 the software or the industry, that's why -- that is 11 where our implementation team and experts come to 12 place. So that's why for me was kind of irrelevant. 13 Q. And I do want to make sure one word I 14 heard correctly. You said Mr. Bishop was very 15 competent? 16 A. Yes. 17 Q. Okay. 18 A. Maybe -- maybe change the word. He -- 19 he did the job. 20 Q. I understand that. I was trying to 21 make sure you didn't say "confident" is what I was 22 trying to make sure I heard. Competent or confident. 23 I was trying to make sure -- just clarifying what you 24 said. 25 So is it fair to say that -- that Page 52 1 before the project, Open was the expert on the 2 telecommunications portion of this project? 3 MR. SWANSON: Objection, form. 4 A. No. 5 Q. (BY MS. SHOAEI) Okay. And then who was 6 going to be the expert for broadband on the project? 7 A. Let me explain this. I say no because 8 this is a joint effort. And when I say "joint 9 effort," is that as a provider and a client, we bring 10 our best knowledge to the table. 11 What that means -- what this means is 12 that we are experts in our software, we do know the 13 industry, but the real experts, the ones that define 14 the business processes and drive how the system will 15 be configured, and from my perspective, the experts 16 on the -- on the business is the client. This way we 17 can guarantee that the end result of the projects 18 are -- where the client -- what the client wants. 19 So for me if you want to call an expert 20 around -- around telecommunication, I will say that 21 the client is the one that normally brings this 22 expertise, not only in the industry, but in their 23 business operation. That doesn't want or I don't 24 want to mean or say that our people doesn't know 25 about the industry. Page 53 1 But their level of expertise is more 2 broad, more general, more the industry. And we face 3 a client that knows the operation and says, okay, I 4 do the things this way and -- and merging these two, 5 the object is to have a solution configured towards 6 the client's needs. 7 Q. You said we are experts in software -- 8 in the software. I think you're referencing 9 Smartflex, correct? 10 A. In Smartflex, yeah. 11 Q. Okay. You said we being Open are 12 experts in Smartflex and do know the industry. But 13 at -- at the -- by the time this project started, 14 Open hadn't worked in the U.S. market, correct? 15 MR. SWANSON: Objection, form. 16 A. What do you mean by "worked"? 17 Q. (BY MS. SHOAEI) To your understanding, 18 had Open implemented Smartflex for any U.S. company 19 prior to working with the City of Fort Collins? 20 A. We had implemented for U.S. holding 21 companies located in Latin America. But not in -- a 22 located company in USA. 23 Q. Okay. And so if Open -- 24 A. Sorry, sorry, sorry. I just -- I just 25 want to -- I don't know -- it just came to -- Puerto 14 (Pages 50 - 53) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 15 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 54 1 Rico is -- is -- could be understood as USA. 2 Q. Sure. And what -- what market -- what 3 software implementation did you do for the company in 4 Puerto Rico? 5 A. We implement our CIS, and I think 6 that -- that our field service in a company called 7 Open Mobile, which was a telecommunication provider 8 in Puerto Rico. 9 Q. Do you know when that was? 10 A. Exactly, no, but I will say by the 11 time -- no, not really. I will say -- no. Whatever 12 I said I will be guessing, so . . . 13 Q. Okay. Who -- I'm just going back to 14 your original -- to the statement how we got here. 15 You said, "We are experts in Smartflex and do know 16 the industry." Who then at Open was supposed to be 17 the expert in the U.S. industry for Smartflex? 18 MR. SWANSON: Objection, form. 19 A. What do you mean? Just to -- 20 Q. (BY MS. SHOAEI) I'm just -- I'm 21 clarifying what you said, sir. That you said that we 22 do know the industry. And I think you're referring 23 to Open knows the industry; is that right? 24 A. Let's define "know." We understand the 25 industry. We knows what the industry -- as an Page 55 1 overall -- as an industry -- as a whole -- as a 2 common practice wanted. And that's how we -- we were 3 able to provide an industry ledger and that Open had 4 it and we know about the industry. 5 What I want to clarify is that there 6 will be nobody to know better the client processes 7 and what they want to do in the industry for 8 themselves than our client. 9 So when you say "experts," I -- I will 10 tend to talk about our client as the top experts in 11 terms of the business needs and what they really want 12 to -- to have in the -- in the software. 13 Q. Sure. And, Mr. Lopez, I was not asking 14 about experts at this point. I was just going off of 15 a statement that you made. You told me that Open -- 16 correct -- Open is an expert in its software and we 17 do know the industry. So I'm trying to just 18 understand when you said, "we do know the industry," 19 are you including U.S. industry and U.S. common 20 practices in that statement? 21 A. U.S. industry. 22 Q. You are -- you are -- you are 23 including -- when you're saying, we know the 24 industry, you're saying Open knows the U.S. industry? 25 MR. SWANSON: Objection, form. Page 56 1 A. Yeah. 2 Q. (BY MS. SHOAEI) Okay. And -- 3 A. But to -- to the standpoint of the 4 general -- of the general practice. 5 Q. Okay. And what makes you confident 6 that Open knew the U.S. industry if it -- other than 7 that one case in -- that project in Puerto Rico, it 8 had not worked for -- it had not implemented 9 Smartflex for a company in the U.S. prior to the City 10 of Fort Collins? 11 A. Because we worked several years before 12 we had a consultant that we bring to -- to help us 13 build this industry ledger. We had -- we had 14 partners, as Milestone, that gave us feedback and 15 we -- we made the research around -- around the U.S. 16 market. 17 Q. Well, and you mentioned Milestone, but 18 you'd agree with me that Milestone did -- had no part 19 of the -- of the production of Smartflex, correct? 20 MR. SWANSON: Objection, form. 21 A. What do you mean by that? 22 Q. (BY MS. SHOAEI) Well, let me phrase it 23 in a different way. Milestone only -- the service 24 that Milestone provided to Open was implementation 25 services, correct? Page 57 1 A. Yes. But I do also told you that 2 Milestone participated in giving us feedback on the 3 readiness and things from their perspective were -- 4 were around Open's Smartflex. 5 Q. Correct. But that doesn't go to, for 6 instance -- Open -- Milestone is not helping Open 7 develop -- develop Smartflex; is that right? 8 MR. SWANSON: Objection, form. 9 Q. (BY MS. SHOAEI) Let me say it a 10 different way. Milestone is not helping Open develop 11 functionalities for Smartflex, is it? 12 MR. SWANSON: Objection, form. 13 A. What do you mean by -- by "develop"? 14 How -- I really don't know how to answer it. 15 Q. (BY MS. SHOAEI) Sure. Milestone is not 16 coding for Open, is it? 17 A. No. 18 Q. Milestone is not developing in the 19 sense of building functionalities for Open, is it? 20 MR. SWANSON: Objection, form. 21 A. No. Not that I can recall, but I have 22 no -- or I am aware of. 23 Q. (BY MS. SHOAEI) Right. So what 24 Milestone was doing for Open was providing 25 implementation services, correct? 15 (Pages 54 - 57) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 16 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 58 1 A. Yes. 2 MR. SWANSON: Objection, form. 3 Q. (BY MS. SHOAEI) And to what you were 4 saying, it's providing feedback on Smartflex, 5 correct? 6 MR. SWANSON: Objection, form. 7 A. Yes. 8 Q. (BY MS. SHOAEI) Other than Milestone -- 9 and I know you've mentioned consultant -- did any of 10 these consultants do any coding for Smartflex? 11 A. I'm not aware of. 12 Q. Did any of these consultants built 13 functionalities for Smartflex for the U.S. industry? 14 A. What do you mean by "build"? 15 Q. Did they -- did they develop any code? 16 A. No. 17 Q. Okay. So Open is the only entity that 18 coded Smartflex for the U.S. industry, correct? 19 MR. SWANSON: Objection, form. 20 A. I have to -- just for -- for the record 21 we bought Milestone's portal. So if in your question 22 I don't know just to be -- to be very clear, they -- 23 once we -- we had rights from that, obviously the 24 code of that -- of the portal was made for -- from 25 Milestone. But we -- we got the rights and we Page 59 1 integrated to our system. 2 So for your question could be 3 interpreted that right now in OSF that is coded, 4 there's coding made by Milestone. Maybe yes, because 5 some of the portal -- the portal that we have right 6 now we bought from them. 7 Q. And the portal -- and the portal that 8 you bought right now from Milestone, when did you buy 9 it? 10 A. I don't have exactly the date, but 11 definitely was before -- before we start Fort 12 Collins, we started all of the process with Fort 13 Collins. 14 MR. SWANSON: Maral, are we getting to 15 a good time for a break? 16 MS. SHOAEI: Yes. Just a couple more 17 minutes, and then yes. 18 Q. (BY MS. SHOAEI) When -- you said it was 19 before starting with the project with the City. Do 20 you know if Open presented Milestone's portal to the 21 City after it submitted its proposal to the RFP? 22 MR. SWANSON: Objection, form. 23 A. Can you repeat the question, please. 24 Q. (BY MS. SHOAEI) Sure. Do you know if 25 Open presented Milestone's portal to the City? Page 60 1 A. Yes. 2 Q. Did -- to your understanding, did Open 3 represent that it was Milestone's portal? 4 MR. SWANSON: Objection, form. 5 A. We tell them -- we tell Fort Collins 6 exactly where -- what we were doing. It was the -- 7 it was Milestone's portal that we are -- that we were 8 going to integrate to our software. 9 Q. (BY MS. SHOAEI) And to integrate 10 Milestone's portal, did you have to make changes to 11 it? 12 MR. SWANSON: Objection, form. 13 A. What do you mean by "changes"? 14 Q. (BY MS. SHOAEI) So Milestone's portal 15 wasn't -- wasn't built for broadband, was it? 16 MR. SWANSON: Objection, form. 17 A. I don't -- I can't assure that. 18 Q. (BY MS. SHOAEI) I'm sorry. What was 19 that? 20 A. That I -- that I don't -- I cannot 21 assure that or -- 22 Q. Okay. Because you don't know? 23 A. I don't know. Yeah, I don't know. 24 Q. Okay. Okay. And so do you know -- do 25 you know -- as part of the RFP -- let me -- something Page 61 1 the City submitted for the project was an RFP. Are 2 you familiar with -- do you -- do you know what an 3 RFP is? 4 A. Yes. 5 Q. A Request for Proposal, right? 6 A. Yes. 7 Q. Okay. And Open responded to the City's 8 Request for Proposal, correct? 9 A. Yes. 10 Q. Okay. And in that proposal that Open 11 submitted, there was various, various documents. One 12 of the documents or subparts of the proposal was a 13 functional matrix. Are you familiar with the 14 functional matrix that was provided by Open in its 15 proposal to the City? 16 A. Yeah, I knew -- I knew about it. 17 Q. Do you -- do you understand what 18 functional matrixes are in general? 19 A. Yeah. 20 Q. Okay. They provide what -- what -- 21 what Open was going to deliver; is that fair? 22 MR. SWANSON: Objection, form. 23 A. It provided our -- our perspective or 24 our interpretation on this -- on this requirement 25 that normally had -- and we -- and we -- and we -- 16 (Pages 58 - 61) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 17 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 62 1 and we respond, according to our understanding of the 2 requirements and how we will -- we will cover it from 3 our understanding. 4 Q. (BY MS. SHOAEI) Okay. Understood. And 5 part of this functional matrix that was provided to 6 the City as part of Open's proposal was a portal, 7 correct? 8 A. Yes. 9 Q. Okay. And as -- was it Milestone's 10 functionalities that were graded in the functional 11 matrix in the proposal that was submitted to the 12 City? 13 MR. SWANSON: Objection, form. 14 A. Can you repeat the question. 15 Q. (BY MS. SHOAEI) Sure. As part of the 16 functional matrix, there were -- there were gradings 17 provided. Are you familiar with that? 18 MR. SWANSON: Objection, form. 19 A. I know that there were gradings, but I 20 don't have the detail of that 2000 and something -- 21 Q. (BY MS. SHOAEI) 2018. I understand -- 22 I understand. And I'm not asking you -- I'm not 23 asking you to remember on top of your head which -- 24 what the grading was for a certain functionality. 25 I'm trying to make sure you -- you understand there's Page 63 1 a grading for functionalities in the functional 2 matrix? 3 A. Yeah. 4 Q. Okay. When -- and we already discussed 5 how there was a portal as one of the functionalities 6 in the functional matrix when, do you know, was it -- 7 was open grading -- was it Milestone's portal's 8 functionalities that was graded in Open's response to 9 the -- in its proposal? 10 MR. SWANSON: Objection, form. 11 A. I cannot -- I didn't participate on the 12 grading, so I really don't know. 13 Q. (BY MS. SHOAEI) Who did? Who -- who 14 did the grading? 15 A. The grading exactly, I will -- will not 16 recall who did it, names, but normally from our 17 structure, the sales team with -- with our 18 development team normally answered this -- this -- 19 our piece -- 20 Q. Okay. So -- 21 A. -- with their understanding. 22 Q. Okay. So sitting here today, you don't 23 know if Open graded Milestone's portal or some other 24 portal when it -- when it submitted its proposal to 25 the City? Page 64 1 A. Yeah. I don't -- I don't know for 2 certain. 3 MS. SHOAEI: Okay. Yes. Let's take a 4 however long break we need. We can go off the 5 record. 6 THE VIDEOGRAPHER: Going off the 7 record. This is the end of Media Number 1. The time 8 is 10:30 a.m. Central. 9 (Recess taken, 10:30 a.m. to 10:48 a.m.) 10 THE VIDEOGRAPHER: We're back on the 11 record. This is the beginning of Media Number 2 in 12 the deposition of Diego Lopez. The time is 13 10:48 a.m. Central. 14 Q. (BY MS. SHOAEI) Welcome back, 15 Mr. Lopez. Did you speak to anyone during the break? 16 A. Yes. 17 Q. Who did you speak to? 18 A. To Paul. 19 Q. Anyone else? 20 A. And -- and Alex. 21 Q. Okay. So you spoke to both Mr. Swanson 22 and Ms. Pierce, correct? 23 A. Yeah, yeah. 24 Q. And other than your attorneys, did you 25 speak to anyone else? Page 65 1 A. No. Just say hi to my wife, but we 2 didn't speak. 3 Q. That's also important, so I'm glad you 4 did that. 5 THE VIDEOGRAPHER: Mr. Lopez, let's 6 move that microphone a little closer. 7 Q. (BY MS. SHOAEI) We -- we left off 8 talking about the portal that you mentioned. And so 9 one thing I wanted to clarify. You said we bought 10 the portal before the project with the City of Fort 11 Collins. Do you know when Open bought the portal 12 from Milestone? 13 A. Not exactly. 14 Q. Do you know if it was prior to Open's 15 submitting its proposal to the City's RFP? 16 A. Not really. I don't -- I don't really 17 know when exactly or if it was prior to that or after 18 that. 19 Q. Okay. So how did you know that it was 20 prior to working with the City then? 21 A. Because when we -- when we were at the 22 workshops, we -- we already -- as the process 23 advanced, we -- 24 THE REPORTER: Did you say when we were 25 at the workshops? 17 (Pages 62 - 65) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 18 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 66 1 THE DEPONENT: Yeah. The workshops, 2 the presentations. 3 A. Understand by them that -- that we 4 already -- we already had all things set up with them 5 but not specifically when or what was written or 6 agreed between. 7 Q. (BY MS. SHOAEI) And when you're 8 referring to the workshops, are you referring to the 9 workshops with the City of Fort Collins? 10 A. Yeah. 11 Q. Okay. And do you recall when those 12 workshops were? 13 A. Sorry. Not exactly that -- no, no. I 14 would be guessing, but it was a month prior we -- we 15 initiated the project. So -- but I don't know 16 exactly when. It was like a couple of weeks of -- or 17 a week of workshops between product and 18 implementation, but I don't exactly know the date. 19 Q. Okay. Were you -- were you present at 20 those workshops with the City of Fort Collins? 21 A. I was present on the part related to 22 the implementation questions or topics. 23 Q. Okay. And was that workshop live in 24 Colorado or was that a virtual workshop? 25 A. It was in Fort Collins' offices. Page 67 1 Q. Okay. Going back to the proposal that 2 Open submitted to the -- to the City. Are you 3 familiar with the timeline that was proposed by Open? 4 A. Yeah. 5 Q. What was your -- how are you familiar 6 with it? 7 MR. SWANSON: Objection. 8 A. As -- from the PMO we are -- we are the 9 ones that integrate a different or follow up the 10 process to estimate it. And eventually in this 11 process, this timeline was presented by -- by the 12 people who work it out. And we -- we review it 13 before it was submitted. 14 Q. (BY MS. SHOAEI) And just so I make sure 15 we are talking about the same timeline, this is a 16 timeline that was submitted as part of the proposal, 17 correct? 18 MR. SWANSON: Objection, form. 19 A. Can you repeat the question, please. 20 Q. (BY MS. SHOAEI) Sure. We're talking 21 about the timeline that the -- that Open submitted to 22 the City of Fort Collins as part of its proposal to 23 the RFP, correct? 24 A. Yeah. 25 Q. Okay. And that timeline was supposed Page 68 1 to begin August 1, 2018, and end January 7th, 2020; 2 is that right? 3 MR. SWANSON: Objection, form. 4 A. We have -- we submitted first a longer 5 13-month timeline. And in some way the negotiations 6 Fort Collins asked us to try to -- to see if there is 7 a way to -- to review this timeline. And we reviewed 8 it, we set some assumptions, some -- some -- some 9 requirements that might be possible to do from the 10 City and we submitted an adjusted timeline. 11 So for me, from my recall, there were 12 two versions that were submitted. The first one, 13 which was like -- remember it was a couple of months 14 larger and a second one that by request of Fort 15 Collins we review it and we adjusted having some -- 16 some assumptions, some requirements that we needed in 17 certain times so that we can accomplish this -- this 18 timeline. 19 Q. (BY MS. SHOAEI) Okay. And I appreciate 20 that, Mr. Lopez, but my question was only for the 21 timeline that was submitted by Open as part of its 22 proposal and response to the RFP. That timeline 23 was -- there was only one timeline in -- for -- that 24 was submitted in response to the RFP, correct? 25 MR. SWANSON: Objection, form. Page 69 1 A. I would say you're talking about the 2 one that finally -- sorry. There is a bug here. 3 There is only -- you're talking about the one that 4 was at the end agreed and -- 5 Q. (BY MS. SHOAEI) No. 6 A. -- the last part -- 7 Q. No. I am -- I am asking you are you 8 familiar that as part of its proposal Open submitted 9 a timeline to the City of Fort Collins? Are you 10 familiar with that? 11 A. I'm familiar that we submit a timeline, 12 yes. 13 Q. Okay. As part of the proposal and 14 response to the City's RFP, correct? 15 A. Yes. 16 Q. Okay. In that timeline, Open proposed 17 a start date of August 1st, 2018, correct? 18 MR. SWANSON: Objection, form. 19 A. Sorry. Propose what? 20 Q. (BY MS. SHOAEI) Propose a start date 21 for the project of August 1st, 2018. Is that -- is 22 that -- is that your understanding, that's what Open 23 proposed? 24 A. I don't recall really exactly to -- to 25 that. 18 (Pages 66 - 69) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 19 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 70 1 Q. Okay. Who developed the timeline, do 2 you know? 3 MR. SWANSON: Objection, form. 4 A. My staff set up the -- normally what we 5 do is that in the PMO we set up the durations and 6 the -- and the sequence of activities, but normally 7 the starting dates are something that are previously 8 adjusted -- previously, no. 9 It's adjusted after we know more of the 10 client or as the -- as the sales consultants and the 11 sales personnel accommodate more to -- to what 12 normally happens to this process that could be 13 delayed or something like that. 14 But that's why I don't really recall 15 what is the starting date. What I do recall is -- is 16 looking to -- to the timeline, the durations and 17 the -- and the different processes and strategy -- 18 strategy. 19 Q. (BY MS. SHOAEI) Okay. And so your -- 20 it was you and your staff developed a timeline that 21 Open submitted in response to the City's RFP; is that 22 accurate? 23 A. My staff with the help of several other 24 people. 25 Q. Okay. Who are the several other Page 71 1 people? 2 A. They are consultants, the sales 3 consultant. We -- we bring to -- to the process of 4 creating the timeline SMEs on certain topics just 5 to -- to be sure we are covering everything. 6 Normally, for example, in integrations 7 we have a dedicated team that is called specialized 8 services. So we bring them to -- to help us estimate 9 the duration and the efforts of the very specific 10 activities like the -- the integrations, some -- some 11 of that customized requirements that could be in a 12 project or that might -- the uploading data to Open's 13 Smartflex. 14 These kind of things are -- are done by 15 SMEs that are part of the PMO. But we bring them and 16 bring their expertise to provide us the input we need 17 to consolidate all of that in that project plan. 18 Q. Okay. And just -- so we're -- just to 19 make sure we're using the same language, SMEs means 20 Subject Matter Experts? 21 A. Subject Matter Experts, yeah. 22 Q. Okay. And you are here -- so it sounds 23 like there's a -- there's a number of people that are 24 giving input into this -- the time -- the timeline 25 that was submitted to the City as part of Open's Page 72 1 proposal; is that fair? 2 A. Yeah. And that happens normally with 3 every offer. 4 Q. Okay. 5 A. It's not created by only one person. 6 Q. And I was just going to -- that's 7 exactly what I was going to ask you. Is how many 8 other RFPs, Requests for Proposals, have you been 9 involved in -- in creating timelines in proposing of 10 Open's response to an RFP? 11 A. When you say "you," it's me or the 12 people? Sorry. 13 Q. Yes -- no. You. You individually as 14 Mr. Lopez. 15 A. Okay. I really lost the count for -- 16 as PMO director every single offer that goes -- goes 17 out to -- to sales -- to the sales team lists -- we 18 have a committee that we review it, and I am part of 19 that committee. 20 But also when I was part -- when I was 21 project manager, I -- I think that I provide some 22 assessment or review on the -- on several or most of 23 the -- of the timelines that were submitted in our 24 proposals and that some of them finally became -- 25 became your clients in your project. But I really Page 73 1 lost the count. 2 I will say that last year we had like 3 more than 60 proposals just in one year, and that 4 doesn't count little ones like little projects 5 from -- consultant projects. So I think that there 6 are several. 7 Q. Okay. And you mentioned sales 8 consultants come in and help and develop the 9 timeline. Who were the sales consultants that helped 10 develop the timeline that was proposed in Open's 11 response to the City's RFP? 12 A. I will -- I will recall Jeff -- 13 Q. Just to make sure -- 14 A. Jeff Valadez -- 15 Q. Thank you. I was going to say that 16 just since we have different -- we have multiple 17 names with different last names. I want to make sure 18 that we all understand. So Jeff Valadez. Okay. 19 A. Yeah. And another -- Pedro -- Pedro 20 Ordonez. And I am missing several other folks 21 that -- that also participated, but I have in the top 22 of my mind those two. 23 Q. Okay. As in like those are the two 24 that you are recalling right now; is that right? 25 A. Yeah. 19 (Pages 70 - 73) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 20 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 74 1 Q. Okay. For Mr. Valadez, what is his 2 position or what is his role at Open? 3 A. To be sincere, I don't know exactly his 4 role name, but he in terms of what he did, from my 5 perspective, he was leading all of the -- the 6 commercials or sales effort in -- in North America 7 with Hernando Parrott. 8 I think -- I don't recall exactly 9 the -- the role, but -- but he was like the one who 10 we address for any questions or -- or feedback or if 11 we needed some information, relevant information 12 about the -- the potential client that will help us 13 to -- to adjust our estimation. He was the one that 14 will either answer us or will find the answer for us. 15 Q. I understand. And is Mr. Valadez still 16 with Open today, do you know? 17 A. No. He -- he recently resigned to 18 Open. 19 Q. You say "recently." Do you know when 20 he resigned? 21 A. Not really. I will say, no. I will be 22 guessing. But I -- I now virtually -- you don't -- 23 you don't get much information because you don't talk 24 much with people. But he send us an e-mail saying 25 goodbye, and I will recall that it was -- I don't Page 75 1 know, maybe a couple of weeks. Just . . . 2 Q. Do you know why Mr. Valadez left Open? 3 A. Not really for certain. 4 Q. I'm sorry? 5 A. No, I don't know. I didn't talk to 6 him, and I just saw the goodbye e-mail. 7 Q. Understood. And Mr. Ordonez -- we 8 briefly spoke with Mr. Contreras about Mr. Ordonez 9 yesterday. What was Mr. Ordonez's role -- Ordonez's 10 role on the -- in providing these timelines? Or as a 11 sales consultant, what was his role? 12 A. He is one of the -- he's a very -- he's 13 the person that knows very good Smartflex. He -- I 14 would say that he is one of the technical experts in 15 the sales team. So he provides the -- the feedback, 16 the support to the sales team. 17 And from the timeline perspective he is 18 the one that is in charge of filling -- or asking to 19 us, sending to us that information that we need in 20 order to estimate. Information like types of 21 integrations, what systems those define. It's asking 22 to be integrated to what are the -- what is the 23 general scope, what are the different types of 24 products that that client has. 25 We have a bunch of, let's say, Page 76 1 variables that we normally ask the sales team to send 2 us so that we can make like a picture or a 3 characterize that potential plan and hoping that we 4 can make our best estimation. 5 Pedro is the one that, at least for 6 Fort Collins, provide us this type of information, 7 and normally he sits down with the other SMEs, the 8 other software experts to discuss very low level 9 information that normally as a PMO we are not so 10 technical -- technically knowledgeable about. 11 Q. Okay. And earlier when we were talking 12 about the functional matrix, you mentioned that you 13 didn't -- you didn't develop the functional matrix; 14 is that right? 15 A. Yeah. 16 Q. And based off of what you just 17 described to me, is it fair to say that Mr. Ordonez 18 is the one who is responsible for developing the 19 functional matrix that was provided to the City, if 20 you know? 21 MR. SWANSON: Objection, form. 22 A. No, I -- I don't really know. 23 Q. (BY MS. SHOAEI) Okay. 24 A. But what I could say is that it was not 25 done by only one person. Page 77 1 Q. Sure. 2 A. And normally these processes 3 participate several people. And as I told you 4 before, commercial or salespeople, product people, 5 and sometimes software implementation comes up and 6 add to or support this work. 7 Q. As one of the sales consultants that 8 helped developed the timeline that was submitted to 9 the City as part of Open's proposal was -- was a 10 gentleman named Juan Corredor involved? 11 MR. SWANSON: Objection, form. 12 A. I don't recall. Really I don't -- I 13 don't -- I don't know -- I don't know if he really 14 participated or not. 15 Q. (BY MS. SHOAEI) Do you know who 16 Mr. Juan Corredor is? 17 A. Yeah. 18 Q. Okay. And is he a sales consultant for 19 Open, do you know? 20 A. At that time he worked with -- with the 21 sales team. I don't really know if his role was as 22 consultant or not, but he was working with the sales 23 team. And -- but right now he has a different role. 24 Right now he is the product vice president. 25 Q. Product vice president. Is that right? 20 (Pages 74 - 77) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 21 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 78 1 Is that what you just said, product vice president? 2 A. Yeah. 3 Q. Okay. When did -- Mr. Corredor was in 4 the sales -- on the sales side. Do you know if he 5 reported to Mr. Valadez? 6 A. I don't know really. 7 Q. All right. Let me -- I'm going to show 8 you an exhibit that's already been entered. This is 9 going to be Exhibit 290. And this is going to be the 10 proposal that was submitted by Open to the City, 11 okay. And it's a very large document. It's very 12 large. But what I'm going to show you, starting at a 13 specific page, because it's very large -- I don't 14 have to skip through it. I'm going to show you right 15 here. I want to make sure first you see it. Do you 16 see that on your screen, Mr. Lopez? 17 A. Yeah. 18 Q. Okay. What I'll represent to you -- 19 this, starting at page 1,048 is the timeline that was 20 proposed by Open as part of its response to the 21 City's RFP. Okay? 22 A. Yeah. 23 Q. And I -- I am happy to scroll through 24 this for you. There's -- you know, it's a 25 traditional timeline. Does this look at all familiar Page 79 1 to you? I'll show you here. This is a different 2 page. 3 A. Yes. It looks like the information we 4 normally provide as part of the offer. 5 Q. All right. And this is the date that I 6 was trying to represent earlier. So just to make 7 sure we are -- understand, this is -- the dates that 8 are on this center column that says "Start," it's the 9 day, the month, and the year; is that correct? 10 A. Yeah. 11 Q. Okay. And why I ask that is typically 12 in the U.S. we go in the opposite way, and I'm trying 13 to make sure we all agree. It's day, month, year. 14 A. Yeah. 15 Q. And so this is saying -- or proposing a 16 start date of August 1st, 2018, correct? 17 MR. SWANSON: Objection, form. 18 A. This, what we anticipate, could be a 19 start date of the project. 20 Q. (BY MS. SHOAEI) Correct -- 21 A. Normally -- 22 Q. It's a proposal -- it is a proposal to 23 start on August 1st, 2018? 24 MR. SWANSON: Objection. 25 A. Just to give you context. What we do Page 80 1 normally is that when you use tools as projects, 2 Microsoft Projects, you need to set a date in order 3 to work on the functionalities. Normally this date 4 is set as a very high estimate. 5 And once -- one of the first activities 6 that the project managers, the City and from Open, or 7 from the client -- or from Open and the client, to 8 put it in general, needs to do when the -- when 9 the -- when we have already a contract is to go to 10 the -- schedule this plan and adjust it according to 11 things that has been agreed. 12 Q. (BY MS. SHOAEI) I understand. I 13 understand, Mr. Lopez. And we'll get there. I 14 promise we will get to -- to what you're talking 15 about. I'm just trying to start. I have to make 16 sure you understand and you have knowledge about 17 certain things for me to go to the next step. And so 18 all I'm doing right now is making sure -- the one -- 19 the timeline that was proposed as part of -- 20 MR. SWANSON: I'm -- I need to 21 interpose an objection. I just want to make it clear 22 that the witness be allowed to finish his answer, but 23 go ahead, Maral. 24 MS. SHOAEI: That's fine, Paul. 25 Q. (BY MS. SHOAEI) So you understand that Page 81 1 the proposal date, the start date was August 1st, 2 2018, that was submitted by Open to the City? 3 A. As this document refers, yes. 4 Q. And the finish date was proposed as 5 January 1st -- excuse me -- January 7th, 2020? 6 A. I don't -- 7 MR. SWANSON: Objection -- 8 A. I don't see it here. 9 Q. (BY MS. SHOAEI) Okay. What is this 10 finish date supposed to mean, and then what does -- 11 do you see -- 12 A. Yeah, yeah. That is the date. I was 13 trying to look down. But yeah, this should summarize 14 all activities. And yeah, what this -- what this 15 proposed schedule was saying was that we were -- we 16 were estimating to finish, at least in this plan, for 17 January 7th, 2020. 18 Q. Okay. And I -- and we'll get to the 19 discussions after it. When you first -- when this 20 was first proposed as part of the proposal from Open 21 to the City's RFP, did you -- did you have any -- did 22 you have any thoughts about the proposed timeline? 23 Did you have -- did you have any concerns about the 24 proposed timeline? 25 A. Normally the concerns here are the 21 (Pages 78 - 81) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 22 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 82 1 responsibilities of the client. And -- and -- and 2 what really makes the difference here is if the 3 client is going to have what we need in order to 4 comply all of this. So -- 5 Q. Right. 6 A. We had -- I personally had in mind that 7 we will need -- we will need to -- we will need 8 several things that we try to put a very -- or tell 9 the City in order so that we can achieve this -- this 10 schedule. Regardless -- different from that, I think 11 that this was a project as -- as several others that 12 we have estimate and done. 13 Q. Okay. And -- sorry. I did not mean to 14 cut you off there. Is -- at the very -- your last 15 statement, though, is this timeline that was proposed 16 was similar to other projects that you had worked on, 17 is that what -- what you were saying? 18 A. An extension. Generally, yes. It has 19 some particularities like two rollouts, and not 20 something -- and not something that we haven't done. 21 But normally it goes in one rollout and one big one. 22 And after that or different than that is pretty 23 similar in general terms to -- to other projects that 24 we have done. 25 Q. And is that -- is this similar to other Page 83 1 projects that were -- that Open had that were for 2 both utilities and telecommunications? 3 MR. SWANSON: Objection, form. 4 A. Yes. 5 Q. (BY MS. SHOAEI) When -- you said there 6 were things that -- when you first saw this timeline 7 there were several things that you knew that you -- 8 that Open would need from the City. What did you 9 mean by that? 10 A. For example -- and I will not go -- as 11 I have it in my head. For example, having two 12 tracks, we will need -- we will need from the City, 13 as we plan it, two different groups in order so that 14 when we're splitting these two tracks, the track for 15 broadband and the track for utilities, we will have 16 the staffing so that we can comply or execute the 17 work that -- that we were -- that we were needed to 18 do. 19 We -- all of the things were -- which 20 is basic input to the project is the -- the client 21 information. When I say "client information," I'm 22 talking about the business processes, the information 23 we need to upload to the system, the parameters, the 24 rules, there is information that we need from the 25 client and that is work that is done by the City. Page 84 1 And these things needs to be provided, 2 I mean, in a timely manner so that we don't have 3 any -- any delays. So -- and the staffing, the 4 information, I think that what I recall, that is -- 5 that were the measure. 6 And we -- we normally what we do is we 7 call that risks. And we say, okay, this have a risk 8 and we need to be very -- we need to communicate this 9 to the -- to the client in order to -- to see if 10 there are -- if they can guarantee to us if -- if 11 these -- if they're compliant or they are able to 12 go -- to shift these activities in the time and in 13 the way that we were proposing. 14 Q. And -- 15 A. That's one of the things that I was 16 thinking of. 17 Q. Sorry. Again, there was a slight 18 pause, and I thought you were done, so I apologize. 19 A. No problem. 20 Q. With respect to all of these things 21 that you were mentioning that you wanted to make sure 22 to discuss with the City, that was done after this 23 proposal was sent, correct? 24 MR. SWANSON: Objection, form. 25 A. What do you mean by -- by sent? Page 85 1 Q. (BY MS. SHOAEI) I'm sorry? 2 A. Sorry. Can you repeat the question. 3 Q. Absolutely. You -- when I just talked 4 about the different things that you wanted -- 5 talked -- that you wanted to discuss with the City to 6 make sure this timeline was feasible, correct? 7 MR. SWANSON: Objection, form. 8 A. No. No. What -- what we do, we really 9 do is that we -- normally from that PMO in the sales 10 process we don't have any communications. Normally 11 we don't have any communications with the client 12 until certain points. So all of these, let's say 13 risks, were passed to the sales team in order so that 14 they can discuss it to the -- with the client and 15 they can provide us feedback -- 16 Q. (BY MS. SHOAEI) Right. 17 A. -- according -- if they will be -- if 18 there is any -- anything that the client considers or 19 something that they might feel is not feasible or 20 possible in this -- in the proposed assignment. 21 Q. Under -- understood. And all of those 22 discussions between the sales team and the client and 23 this specific situation, the discussions that 24 happened between the sales team and the City occurred 25 after this timeline that's in front of you was 22 (Pages 82 - 85) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 23 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 86 1 submitted to the City, correct? 2 MR. SWANSON: Objection, form. 3 A. I'm not sure -- I don't really know. 4 I -- I -- but I -- but I -- what I could say is that 5 before we submitted this there was a lot of 6 discussions, a lot of discussions. We -- after we 7 submitted this -- 8 Q. (BY MS. SHOAEI) Between -- 9 A. Between the sales team and the -- and 10 the -- and Fort Collins. 11 Q. Right. After this was submitted, was 12 there -- are you aware of any discussions with -- 13 between the sales team and the City of Fort Collins 14 prior to this proposed timeline being submitted? 15 MR. SWANSON: Objection, form. 16 A. Between who? 17 Q. (BY MS. SHOAEI) Between the City of 18 Fort Collins and Open's sales team. Are you aware of 19 any discussions that occurred between those two prior 20 to -- 21 A. No. 22 Q. -- Open responding with this timeline? 23 A. I don't know. I don't know really 24 because until the -- all of these communications were 25 managed by the sales team. Page 87 1 Q. Right. Okay. 2 A. We got the feedback from them and we -- 3 I -- at least I had the first contact with Fort 4 Collins during the workshop week where I presented to 5 them the -- the -- I explained to them our 6 different -- different topics that they were asking 7 to in -- in this -- in these workshops. 8 (Deposition Exhibit 331 was marked.) 9 Q. (BY MS. SHOAEI) Okay. I'm going to 10 show you another document here, and this will be -- 11 and I may need our Madam Reporter to confirm this. 12 This should be Exhibit Number 331. It will be a new 13 exhibit. 14 MS. SHOAEI: Is that right, Madam 15 Reporter? 16 THE REPORTER: Yes. Sorry. Yes. 17 Thank you. 331. 18 MS. SHOAEI: Yes. No problem. 19 And, Paul, this will be Tab 2 in the 20 documents I sent you. 21 Q. (BY MS. SHOAEI) Mr. Lopez, do you see 22 my screen right now? 23 A. Yes. 24 Q. Okay. This is going to be an e-mail 25 chain. It works like most typical e-mail chains. Page 88 1 We're going to go to the bottom, because that will be 2 the first e-mail, and work our way upward. So let's 3 go down here. This is an e-mail from Mr. Parrott to 4 several people. You're not on this e-mail at the 5 very bottom yet. And it's dated March 2nd, 2018. Do 6 you see this? 7 A. Yes. 8 Q. Okay. And he's asking, it looks 9 like -- someone -- Mr. Valadez, who we spoke about 10 earlier, and Paula Andrea Tahata questions -- not 11 really sure what it is, but the research -- the title 12 is 5.4 Product Research and Development. Do you see 13 that? 14 A. Yes. I saw the subject. 15 Q. Okay. And I'm just -- I want you to be 16 able to get oriented with what this e-mail is just 17 generally discussing. And I'll go to -- I'm not 18 asking you about any of these things, but I just want 19 you to have a chance to look at it. Mostly because 20 you're not on any of these as of yet. 21 A. Okay. Just a moment while I read that. 22 Q. Absolutely. 23 A. Okay. 24 Q. And then this is the -- what I believe 25 is the first -- you're first added here March 3rd Page 89 1 where Mr. Storer adds you. Do you see that? 2 A. Yeah. 3 Q. Okay. And then you respond. I believe 4 you are directing Ms. Beltran to provide information. 5 And then this is where I'm really trying to go to 6 here. 7 So if we look at March 5th, 2018, 8 Ms. Beltran -- I'm probably completely saying her 9 name wrong, so I very -- I would apologize to her if 10 she were on here -- and provides you, Mr. Valadez, 11 and a few others a proposed response. 12 And all -- what it looks like it's 13 doing is describing Open's experience and timelines. 14 And -- and she puts in a chart here -- I want you to 15 take a second to look at this and let me know when 16 you're ready. 17 A. Okay. Let me -- let me read it. 18 Q. And so here she's providing a chart and 19 the first thing that she puts above the chart is 20 written, "Typically, Open carries out implementations 21 in a short time period for companies of a smaller 22 size to utilities. In fact, some cases Open has 23 implemented Smartflex in larger companies in a 24 timeframe less than 12 months." 25 And then she gives a chart of the 23 (Pages 86 - 89) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 24 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 90 1 examples. The first one that I wanted to ask you is 2 the first one in the chart. The 3 Proactiva/Implantacion Smartflex Aseo Valle. Is that 4 what that is? 5 A. Yeah. 6 Q. Okay. And it says water and aseo. 7 A. That is disposal. 8 Q. Thank you. Okay. 9 A. Disposal, garbage and all of that. 10 Q. Okay. And here then we say, though -- 11 I imagine it's supposed to be for 406,000 people or 12 entities or I guess homes, maybe? 13 A. Services. 14 Q. Services. Okay. 15 A. So that is more accurate. 16 Q. Thank you. And then it has the date 17 and the duration. And then what -- in this 18 situation, nine, comma, six months? What does that 19 mean, nine, comma, six months. 20 A. That it went live -- let me see. I 21 will guess that the project lasted -- or what I -- I 22 really -- this is something long ago, but I will -- 23 but I will -- will say that -- that is what the 24 project lasted, the duration of the projects, 25 implementation took . . . Page 91 1 Q. I guess I'm -- I'm confused on why 2 there's -- why there are two numbers. Did it take 3 nine months, or did it take six months? 4 MR. SWANSON: Objection, form. 5 A. I don't understand. 6 Q. (BY MS. SHOAEI) I don't either. I 7 don't understand why it's nine, comma, six months. 8 MR. SWANSON: It's a matter of usage. 9 Like decimals in other languages, using commas 10 instead. 11 THE DEPONENT: Yeah. 12 MS. SHOAEI: Understood. 13 Q. (BY MS. SHOAEI) So it's nine months -- 14 9.6 months is what this is supposed to be? 15 A. Yeah. 16 Q. Okay. And that's -- 17 MS. SHOAEI: Thank you, Paul. 18 Q. (BY MS. SHOAEI) I want to make sure -- 19 I do not want to assume that's what it is without -- 20 if it's supposed to mean nine months, six days. So 21 9.6 months is what this is saying, correct? 22 A. Yeah, it seems. 23 Q. Okay. And in any -- the ones that we're 24 looking at right now, and that's in this chart, are 25 any of them for both utilities and Page 92 1 telecommunications? 2 MR. SWANSON: Objection, form. 3 A. I -- I can't recall -- what I can say 4 here because I was part of was that at least the -- 5 the Proactiva. Yeah, they were water and the power 6 was water and Aseo was energy. 7 Q. (BY MS. SHOAEI) Okay. So none of these 8 had both utilities and telecommunications, from what 9 you can at least see in this chart? 10 MR. SWANSON: Objection, form. He 11 didn't -- he didn't write the chart. 12 MS. SHOAEI: And I'm not asking -- and 13 I think form is all we need, Paul, but I appreciate 14 that. 15 Q. (BY MS. SHOAEI) And all I'm asking you 16 is -- from what you can see on this chart, there's 17 nothing -- none of these projects listed have both 18 utilities -- 19 A. Yeah. 20 Q. -- and telecommunications? 21 A. What I can see -- what I can see in the 22 chart is that at least it's not listed nine to three, 23 which is listed, doesn't -- doesn't have 24 communications. 25 Q. Okay. And do you know -- were you part Page 93 1 of this bottom project, the Proactiva Interagua? 2 A. No. No -- 3 Q. So you don't have any knowledge on 4 this? 5 A. No. I know -- I know the general 6 stuff. I know that it was a project in Ecuador and 7 that it was held in the past, but I don't have the 8 details of that -- of what was the project about. 9 Q. Okay. And so just to make sure I cover 10 all of my bases here is you don't know why this 11 project took 23.2 months, but then this first one 12 that we looked at was 9.6 months? 13 A. No, no. On the details, no. 14 Q. Okay. Did any of the projects that 15 were on this chart, based off of what you can see, 16 look like it was going to be an integrated billing 17 system? 18 MR. SWANSON: Objection, form. 19 A. What do you mean by "integrated billing 20 system"? 21 Q. (BY MS. SHOAEI) Well, what we talked 22 about earlier. We talked about what integrated 23 billing system is, did we not? 24 A. My point of view of integrated system? 25 Yes. 24 (Pages 90 - 93) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 25 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 94 1 Q. Okay. 2 A. We -- all of our implementations are 3 integrated systems. One CIS, which is integrated. 4 And if they have field service, integrated with the 5 field service. 6 Q. Okay. Okay. And so then on the four 7 that are -- I can put up the chart again. I'm happy 8 to. The ones -- the four that were on this chart, 9 all of them, based off of your definition, would have 10 integrated billing systems? 11 A. Yes. 12 Q. Yes? 13 A. Yes. 14 Q. Okay. Sorry. You just cut out a 15 little, so I was just trying to make sure I 16 understood that. Okay. 17 Do you, as part of providing this 18 timeline or developing this timeline, do you know if 19 anyone from Open asked Milestone about their opinion? 20 MR. SWANSON: Objection, form. 21 A. What do you mean by "their opinion"? 22 Q. (BY MS. SHOAEI) Did you ask -- are you 23 aware if anyone asked Milestone to look at the 24 timeline that was going to be proposed that -- excuse 25 me -- that Open submitted as part of its proposal to Page 95 1 the City's RFP? 2 MR. SWANSON: Objection, form. 3 A. Yes. We -- as part of the -- of the -- 4 of the process and understanding that they -- that 5 they will be part or eventually they will be part 6 of -- will be helping us in -- at that time we didn't 7 know exactly what roles -- what was going to be their 8 involvement. But we definitely have them as 9 partners -- as people -- SMEs that -- that could give 10 us a point of view of what we are -- we were 11 thinking. 12 We -- we -- we asked Edith to 13 provide -- to provide us feedback and to see if she 14 sees something that we are not seeing, for example, 15 or if it's something that we should be aware of that 16 maybe we were not very familiar with. 17 Q. (BY MS. SHOAEI) Okay. And did 18 Milestone, to your knowledge, provide -- I think you 19 mentioned you asked for their point of view on the 20 timeline. Did they give Open -- did Milestone -- did 21 anyone from Milestone give their point of view on the 22 timeline to Open? 23 MR. SWANSON: Objection, form. 24 A. They -- they saw it. 25 Q. (BY MS. SHOAEI) Correct. Page 96 1 A. And they -- and they -- and more than 2 that they -- they asked us questions and also we want 3 them to be part of -- of the process. And -- and 4 raise, as any other SME that is involved in this 5 process, raise either question or risks saying you 6 will have this -- this -- you may have this potential 7 risk. And some of all of that was what we -- what 8 we -- 9 THE REPORTER: Sorry. Can you say that 10 again. You may have this potential risk and what? 11 THE DEPONENT: And questions. 12 THE REPORTER: Okay. Thanks. 13 A. About -- about the timeline. And I 14 think that was it -- also -- also they needed the -- 15 the timeline to -- to estimate eventually some of the 16 efforts that they were going to provide. So we did 17 share with them the timeline for -- and we have 18 discussions around -- around it. 19 Q. (BY MS. SHOAEI) Okay. And did anyone 20 at Open ever express to you -- excuse me -- did 21 anyone at Milestone ever express to you that the 22 proposed timeline that Open was thinking of 23 submitting to the City in response to the City's RFP 24 was an aggressive timeline? 25 MR. SWANSON: Objection, form. Page 97 1 A. What do you mean by "aggressive"? 2 Q. (BY MS. SHOAEI) That it was not 3 feasible for Open to implement Smartflex in the 4 proposed timeline that we looked at earlier, which 5 was Exhibit 290. Did anyone at Milestone ever 6 express to you that that timeline was not feasible? 7 A. No. Not feasible, no. 8 Q. Do you know if anyone at Milestone 9 ever -- if anyone from Milestone told anyone else at 10 Open that that proposed timeline was not feasible? 11 MR. SWANSON: Objection, form. 12 A. Not to my knowledge, no. 13 Q. (BY MS. SHOAEI) And -- 14 A. To my knowledge. 15 Q. Understood. And at that time did you 16 know that Milestone did not have experience in 17 implementing broadband services? 18 MR. SWANSON: Objection, form. 19 A. I don't really -- I didn't have the 20 knowledge about -- about that, as I answered earlier. 21 Q. (BY MS. SHOAEI) Well, we talked 22 about them not having broadband services with 23 Mr. Bishop. But I'm asking you, did you understand 24 that Milestone had not had any experience 25 implementing broadband services? 25 (Pages 94 - 97) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 26 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 98 1 A. No, I didn't. 2 Q. Okay. And so when -- do you -- when 3 you -- when Open proposed this timeline, it took into 4 consideration both utilities and broadband, correct? 5 A. Yes. 6 Q. Okay. And so to -- in order to have 7 feedback from Milestone, they had to look at the 8 broadband proposed timeline portion, correct? 9 A. That is something I don't know what. 10 Q. Okay. 11 A. But I will -- I would say that yes, 12 they -- they need to understand the whole project. 13 Q. Okay. And so if they didn't have 14 experience with broadband -- implementing broadband 15 services, do you think their opinion on whether or 16 not the timeline was feasible would be appropriate? 17 MR. SWANSON: Objection, form. 18 A. That is -- that is an opinion for me, 19 as I told you earlier, for us is irrelevant to -- 20 Q. (BY MS. SHOAEI) If it's irrelevant -- 21 go ahead. 22 MR. SWANSON: Let him finish -- 23 Q. (BY MS. SHOAEI) Go ahead, Mr. Lopez. 24 MS. SHOAEI: I was getting there, Paul. 25 I was getting there. I corrected myself. Page 99 1 Q. (BY MS. SHOAEI) Go ahead, Mr. Lopez. 2 A. That for us -- for us, as I told you, 3 that -- that a list from the project management 4 perspective or from -- or from the way we -- the 5 product is set up, is that for the product you 6 have -- you have -- you have only products 7 configured. It doesn't matter if you have -- if you 8 have water or sewer. 9 For me -- for me it's just -- it's not 10 just, but the same way that you set up utility 11 service, that's the same way you -- you set up the -- 12 the telecommunication. Had the same activities in 13 terms of project management and project strategy. 14 You need to -- you need to first set up the 15 expectations, then you need to gather some 16 information, you upload this information to the -- to 17 the software. 18 Then you do -- you will do some 19 evaluations, training, system testing and then 20 go-live. That doesn't really have a specific impact 21 or big impact in -- in terms of what really you need 22 to do between one industry or another. 23 Q. Did you know -- did you ever ask 24 Milestone what their general timeline for 25 implementing projects was? Page 100 1 A. I don't recall asking specifically 2 that -- that question. I made comment on the 3 discussion, but no, I don't recall asking that 4 specific question. 5 Q. Do you know what Milestone's general 6 timeline is for implementing projects, sitting here 7 today? 8 A. Not really. 9 Q. No or not really? And I want to 10 clarify -- 11 A. No. 12 Q. -- do you have an idea -- 13 A. No. 14 Q. -- or is it a no? 15 A. No. 16 Q. Okay. So now we're going to get to 17 what you wanted to talk about earlier regarding the 18 negotiations of this -- of the timeline. So Open and 19 the City ended up entering into negotiations after 20 this proposal was submitted. Were you -- were you 21 generally aware of that? 22 MR. SWANSON: Objection. 23 A. Yes. 24 Q. (BY MS. SHOAEI) Okay. What was your 25 involvement in those negotiations, if any? Page 101 1 A. More the negotiations. I don't know 2 if -- if this -- or was part of the negotiations. I 3 was involved or I participated in the presentations 4 that we did to the City on the workshop activities 5 that lasted a couple of weeks. 6 And it is -- Dwayne and I presented to 7 the City the questions regarding to the 8 implementation or whatever they were -- they wanted 9 to clarify about the presentation. That was my -- my 10 involvement in the -- in -- in what I think is the 11 face of negotiations. The other thing was -- was 12 made either by -- by other people but not by me. 13 Q. Okay. And so one of the -- I just want 14 to make sure one of the workshops that you're 15 referencing, was that one of -- was that -- was one 16 of the workshops you're referencing where Open 17 demoed -- conducted a demo for the -- for the City in 18 April of 2018? 19 A. I don't know the date. I don't recall 20 exactly the date. But yeah, was -- was in the same 21 activity or process in which we demoed the software. 22 We -- we executed the scripts that the City asked us 23 to -- to demo. 24 And it were like a day of this -- of 25 this agenda that was dedicated only to 26 (Pages 98 - 101) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 27 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 102 1 implementation, services and strategies, so we talked 2 about schedule, staffing, strategies. Several 3 questions around the implementation project. 4 Q. Okay. And so you were not -- or let me 5 ask it a different way. Were you involved in the 6 demo with the City where the portal was demonstrated? 7 A. No. 8 Q. Okay. You were only involved in the 9 demo regarding the implementation tasks; is that 10 right? 11 A. Yeah. I would not call it a demo 12 because it was not much to demo. But we did present 13 and answer the questions that were submitted to us. 14 And also we answered questions there. So just to be 15 clear, they send us some questions that we -- with 16 those questions we prepare our presentation that 17 guide us, and we did the presentation in the time 18 that they -- in the agenda that they -- that they 19 arrange. And during these presentations, some 20 questions were -- were raised and we answered those 21 questions. 22 Q. I understand. And so when you were 23 saying that the -- part of the presentations was 24 showing the software. That was not what you were 25 part of? Page 103 1 A. Exactly. I didn't know. 2 Q. Okay. And that's what I'm trying to 3 clarify. So you were not part of the software 4 demonstration -- or excuse me -- presentations. You 5 were part of the implementation presentation; is that 6 correct? 7 A. Yeah, that's correct. 8 Q. Okay. And you mentioned how you 9 were -- you negotiated -- this is where I want to 10 make sure I don't misrepresent what you're stating -- 11 well, I don't misrepresent you at all, but mostly 12 here. Is when you were part of the negotiations or 13 discussions with the City, other than this workshop 14 regarding implementation, did you have any other 15 involvement? 16 MR. SWANSON: Objection, form. 17 A. Exactly what kind of involvement? Just 18 to be precise on the answer. Sorry. 19 Q. (BY MS. SHOAEI) I want to understand. 20 So you mentioned earlier how there was going -- that 21 after usually submitting a timeline there's these 22 discussions with the client, so here being the City. 23 Were you part of the discussions between Open and the 24 City after the proposed timeline was submitted? 25 A. No. Page 104 1 Q. Do you know who was? 2 A. Exactly, no. But -- but anybody from 3 the sales team. As I told you -- 4 Q. Go ahead. I was just going to say like 5 who we just spoke about earlier, the people we spoke 6 about earlier. 7 A. Not exactly. I really don't know -- 8 Q. Okay. 9 A. -- who exactly conducted that. 10 Q. But it wasn't you? You were not the 11 one having those discussions? 12 MR. SWANSON: Objection, form. 13 A. No. 14 Q. (BY MS. SHOAEI) And what I'm saying is 15 I don't want to ask you a series of questions if you 16 just don't know them. That's going to waste -- I 17 don't want to waste your time and I don't want to 18 waste my time. That's all. 19 So here then what about with respect 20 to -- you mentioned staffing. What were your, if 21 any -- what was your role, if any, in discussing or 22 negotiating staffing of the project with the City 23 after Open submitted its proposal? 24 A. I present to them during these workshop 25 sessions that staffing -- that we estimated -- and I Page 105 1 have discussions -- I answer questions, specially 2 from Mona Walder and Mary Evans about their concerns 3 of not having -- not having -- of the staff. And -- 4 and I think that that will be all of my -- all of my 5 interactions. 6 Q. Okay. So other than the presentation 7 and answering the questions during the presentation, 8 you didn't have any more involvement regarding 9 staffing or staffing discussions? 10 A. No, I don't recall. 11 Q. Okay. And you -- and Milestone was 12 involved in the host submission of the RFP proposal; 13 is that right? 14 MR. SWANSON: Objection, form. 15 A. In what? Sorry. 16 Q. (BY MS. SHOAEI) Milestone was involved 17 with these presentations and discussions that were 18 occurring with the City after Open submitted its 19 proposal, correct? 20 MR. SWANSON: Same objection. 21 A. I -- I do know that they worked with 22 me, Edith and Dwayne, presented with me the timeline. 23 More than the timeline, all of the questions related 24 to -- to -- to the -- to the implementation. They 25 were -- they were with me in the presentations and 27 (Pages 102 - 105) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 28 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 106 1 participate with me in the -- in answering the 2 questions that the Fort Collins team had. Different 3 from that, I don't know. 4 Q. (BY MS. SHOAEI) Would you consider 5 integration to be part of implementation or separate? 6 A. Integration -- let me be precise with 7 that. And I will say that is part of both, and let 8 me explain why. Integration is for me the process 9 where you enable communications with two different 10 softwares, two different -- two software entities. 11 Integration is a software issue or a 12 software matter because, at least from our 13 perspective, we need to provide the different 14 connections or plugs so that these interactions could 15 happen. But it's also -- it's also related to -- you 16 need to build around -- around these connectors. You 17 need to build this communication, whatever the method 18 you will -- you will prepare or the client will -- 19 will ask. 20 So as a software, we deliver -- let's 21 say like the plug-ins, the plugs, that enable the 22 software to communicate to another system. But 23 during the implementation, you need to build the 24 connection between both. You need to use the plug of 25 system A, use it, build something to connect to the Page 107 1 other -- to the other system. 2 And when I am saying "build," this 3 could be done either by -- by flat pile, getting a 4 flat pile that you pull from a system -- 5 THE REPORTER: What was that, a flat 6 tile? I'm sorry. 7 THE DEPONENT: No. Pile. Flat pile. 8 THE REPORTER: Flat tile? 9 THE DEPONENT: Pile. 10 MS. SHOAEI: Pile. 11 THE REPORTER: Pile. 12 THE DEPONENT: Pile. Sorry. 13 THE REPORTER: Sorry about that. 14 Thanks. 15 THE DEPONENT: No, no. Don't worry. 16 A. And -- and this -- this is the part -- 17 the part that integration is part of the 18 implementation. 19 Q. (BY MS. SHOAEI) And I appreciate you 20 giving that explanation. In -- prior to -- scratch 21 that. 22 Do you have an understanding as to 23 whether Open and the City entered into something 24 called the Master Professional Services Agreement? 25 A. Can you repeat the question. Page 108 1 Q. Do you have an understanding as to 2 whether Open and the City entered into a Master 3 Professional Services Agreement? 4 A. Yeah. I know that -- that we had a -- 5 we have a Master Professional Agreement that -- 6 Q. Okay. 7 A. -- to support the project. 8 Q. Okay. Great. And I'll refer to that 9 as the MPSA. Okay? 10 A. Okay. 11 Q. Do you know when the City and Open 12 entered into the MPSA? 13 A. When you say "entering," do you say 14 sign it? 15 Q. Exactly. When it was executed. 16 A. No. The exact date, I don't have it. 17 Q. Okay. 18 A. Surely I -- I read it a lot, but right 19 now I don't recall it. 20 Q. Okay. If I told you -- I'll represent 21 to you that it was in August of 2018. Prior to 22 August of 2018, were -- were there activities that 23 were going to be part of the project that you wanted 24 Milestone to define with respect to integration? 25 A. Let me see if I understand the Page 109 1 question. 2 MR. SWANSON: Objection, form. 3 A. Do you -- can you repeat the question, 4 please. 5 MS. SHOAEI: Madam Reporter, can you 6 please repeat my question. 7 (The last question was read back as 8 follows: "Prior to August of 2018, were there 9 activities that were going to be part of the project 10 that you wanted Milestone to define with respect to 11 integration?") 12 MR. SWANSON: Same objection. 13 A. Milestone from their technical 14 experience provide feedback among all of the things 15 related to the -- to the integrations. The feedback 16 was more associated to the -- the -- some of the 17 assumptions, some of the language, some of the 18 systems that the -- that the -- or fees we're talking 19 about. So they do provide feedback -- 20 THE REPORTER: Did you say fees we're 21 talking about? 22 THE DEPONENT: Sorry? 23 THE REPORTER: Did you say fees? 24 THE DEPONENT: Feedback. 25 THE REPORTER: Feedback. Okay. 28 (Pages 106 - 109) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 29 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 110 1 Thanks. 2 A. They provide feedback on the 3 integrations. And as -- many other topics that we -- 4 that we discussed. And they have -- I think that 5 they have very good knowledge about several things 6 around it. 7 (Deposition Exhibit 332 was marked.) 8 Q. (BY MS. SHOAEI) And I'm going to show 9 you an exhibit that we'll mark as 332. 10 MS. SHOAEI: And, Paul, this is a Tab 3 11 in your -- in the set I sent you. 12 MR. SWANSON: Thank you. 13 Q. (BY MS. SHOAEI) Okay. Mr. Lopez, do 14 you see what's on my screen right now? 15 A. Yeah. 16 Q. Okay. And, again, this is a series of 17 e-mails starting in -- all from after the same day, 18 June 22, 2018. Do you see that? I'll show you right 19 here. 20 A. Yeah. 21 Q. Okay. And it's a series of e-mails 22 between yourself, Mr. Valadez, Ms. Mercado and Pablo 23 A. de la Pena, at least this first e-mail is. Do you 24 see that? 25 A. Yeah. Page 111 1 Q. Okay. And it looks like the subject 2 line is Milestone Estimates for Integration. And 3 Mr. Pena is providing some Milestone estimates here, 4 correct? 5 A. Yes. 6 Q. And then the estimate -- the next 7 e-mail he states, "Hi, Jeff. The estimates with 8 markup for integration in Fort Collins." Then it's 9 all back-to-back e-mails from Mr. Pena giving, it 10 looks like, more estimates. Just let me know when 11 you're ready to move on this one. 12 A. Yeah. Just one second. Go back, 13 please. 14 Q. Oh, sorry. I thought you were saying 15 you were good. I apologize. 16 A. That's all right. 17 MR. SWANSON: Mr. Lopez, if you need 18 the whole document, I think Maral can make that 19 available to you. 20 A. Okay. Let's try to see how it works. 21 I will request control just to . . . 22 Q. (BY MS. SHOAEI) Well, I think right now 23 before -- before we do that, I just want to -- I 24 wanted to make sure that we understand that you're 25 looking at this e-mail for a second, right? Page 112 1 A. Yeah. 2 Q. And you have the control right now. So 3 I'm trying to go through -- I'm not asking you 4 anything about this e-mail. I'm just giving you the 5 ability to look at it. 6 A. Yeah. 7 MR. SWANSON: He hasn't been able to 8 look at the whole chain. 9 MS. SHOAEI: He has. But okay. 10 A. I'm looking to the dates. 11 Q. (BY MS. SHOAEI) They're all the same 12 day. 13 A. Okay. 14 Q. And you're aware of that e-mail that 15 I'm looking at -- what you're looking at right now is 16 from you to Mr. Valadez, correct? 17 A. Yeah. 18 Q. Okay. 19 A. Okay. 20 Q. Okay. So let's go down to here. This 21 e-mail you state, "Jeff, my concern is that we 22 haven't done these activities, so is better that 23 Milestone define them." 24 My first question is: What are -- what 25 are you referring to here? What are the activities Page 113 1 that you're referring to in this e-mail? 2 A. About extraction and conversion 3 activities of the data that comes from the Legacy 4 System. 5 Q. And where here do you see that in here? 6 Like where in this e-mail do you see that being 7 defined? 8 MR. SWANSON: Objection, form. 9 A. First because I recall. And, second, 10 because -- because that initial thing that we're 11 talking about was conversion leader, conversion 12 programmer. These are roles related to extraction 13 and conversation to the migration. 14 So that's why -- that's why -- and 15 because I recall that. And what rings bells to me in 16 all of this is that it is the discussion that I had 17 with -- with Jeff around that -- that we haven't done 18 this before. And -- and -- and that's why I very 19 positively saying that we're talking about here from 20 extraction and conversion. So let me give some 21 background about -- 22 Q. (BY MS. SHOAEI) Before -- sorry, 23 Mr. Lopez. And I -- and I -- and I know probably I 24 know you wanted to finish, but I am also -- there is 25 a timing issue here. I don't have all day with you. 29 (Pages 110 - 113) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 30 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 114 1 I wish I did. That could be really fun for all of 2 us, but I don't have all day with you, and I am 3 trying to get you a little more -- a little more 4 oriented in where I'm trying to go with you. 5 A. Okay. 6 Q. And I appreciate you giving a lot of 7 explanations, I really do. But I think you're going 8 down a track that maybe we don't need to go down on. 9 And so if we do, you can tell me we do. If my next 10 question takes us down that track, I'm happy to go 11 down it. 12 Is -- with -- when -- why hadn't Open, 13 to your understanding, have experience in the 14 extraction and conversion that you just mentioned 15 here? 16 A. Okay. Because we figured out that -- 17 that operative data, which normally -- which is in 18 Legacy Systems -- and when I say Legacy Systems our 19 systems that are the ones that we are going to 20 replace with Open Smartflex. 21 Our systems that has technology 22 languages that we really doesn't -- doesn't really 23 know. And in some cases, these Legacy Systems are 24 written by the same companies internally. So we have 25 understood several years doing that, that is way more Page 115 1 effective for the project, that the client assumes 2 the responsibility or take the responsibility of 3 pulling out the data of the system he has known for 4 10, 15, 20 years and converted in some tables that 5 then we, Open, can upload to the system. That's why 6 historically -- and that -- I think that is a 7 practice, a general practice. We -- we haven't done 8 it because the client normally does this to 9 activities. 10 In this case when we were at this point 11 is because some time that the way of having all of 12 these wrapped up into -- into what become the Master 13 Professional Agreement Fort Collins told us that they 14 needed help on the structure and the conversion. 15 So what eventually we agree on is that 16 through Milestone, because Open doesn't have this 17 experience, is Milestone was -- the Legacy System was 18 Vanir, and Milestone had experience in Vanir, they 19 could assist the City on providing of many resources, 20 providing -- providing engineers with experience to 21 work with the -- with the City in order to pull -- 22 that converted. And that's why the discussion is 23 taking place. 24 At the end what we agree was is that 25 the City still -- still was going to be responsible Page 116 1 of extracting the data and converting it and deliver 2 it to Open in some tables that we -- that we explain 3 to them and all of that. 4 But we included in our offer some 5 effort or some augmented resources that were 6 calculated in man hours in order to assist the City 7 in what they ask us that they didn't have the 8 manpower to do, but they will lead the process. 9 So they were -- they were responsible 10 of extracting. What we were including here and 11 estimating here was how many man hours will be 12 reasonable to include in order to cover this two 13 activities, extraction and conversion. 14 Q. Okay. And to make sure I understand -- 15 that was a lot of information -- is Open, through 16 Milestone, was going to assist the City in doing the 17 conversion/extraction of the data that was in its 18 Legacy Vanir system, and the City was going to lead 19 the efforts; is that right? Is that a fair summation 20 of what you just said? 21 A. Yeah. 22 Q. Okay. And so all what this e-mail 23 chain is discussing is the fact how Milestone -- you 24 wanted Milestone to provide that estimate and not 25 Open? Page 117 1 A. Yeah. 2 Q. And you mention how -- that's because 3 you -- Open doesn't -- doesn't have experience doing 4 that; is that right? 5 A. Yeah. Executing it. 6 Q. Correct. 7 A. We -- we have seen clients doing that, 8 but we -- I don't recall that we have it -- that we 9 have done it in a project with our own resources, our 10 own people. 11 Q. Understood. And -- 12 MR. SWANSON: Mr. Lopez -- sorry, 13 Maral -- could you move your microphone a little 14 closer to your mouth. It's getting a little harder 15 to hear. 16 THE DEPONENT: Okay. 17 Q. (BY MS. SHOAEI) When -- earlier we 18 talked about different types of projects you were 19 project manager on for Open and that you knew of 20 other projects that Open had implemented Smartflex 21 on. To your knowledge, prior to the City, had Open 22 implemented Smartflex for another municipality? 23 A. Yes. 24 Q. What municipality? 25 A. The municipality here at Cali, for 30 (Pages 114 - 117) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 31 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 118 1 example. Emdupar was a municipality. 2 THE REPORTER: What was that name, 3 Emdupar? 4 THE DEPONENT: Emdupar. 5 THE REPORTER: Okay. 6 A. But let me -- let me go back if I 7 understand well the term municipality. Municipality 8 for me is a company that provides services, a utility 9 that provides services to a region and is owned -- 10 it's owned by the state, by the government. It's not 11 a private company. Yes? 12 Q. (BY MS. SHOAEI) I think -- I think 13 that's a fair -- that's a fair definition. I'm not 14 going to -- I'm not going to tell you -- I'm not 15 going to object to that definition. I think there's 16 a couple more factors in a municipality, but 17 that's -- that's fine. I'm fine with you taking that 18 interpretation. 19 A. That and saying that we have -- we have 20 several. I could remember in Cali -- I could 21 remember in Cali, which is that -- the company that 22 provides services that is -- that the state owns and 23 provides services here in Cali. We have it at 24 Emdupar. We have it -- I think that also -- let me 25 go -- we have several of disposal, so I would say, Page 119 1 yes, we have done that. 2 Q. And none of those were in the United 3 States, correct? 4 A. No, none. 5 Q. No, I'm not correct, or no, I'm wrong? 6 Sorry. I was asking am I correct. 7 None are -- none of those that you just 8 listed were municipalities in the United States, 9 correct? 10 A. Sorry. Sorry. You are correct. 11 Q. Okay. Thank you. It is one of those 12 when you answer with a negative and a negative, and 13 we're like, well, goodness, which one is the positive 14 here. Okay. Thank you for clarifying that. 15 Mr. Lopez, I know that we're getting 16 closer to your lunch period here, and so I know -- do 17 you want to take a break now? Are you -- I don't 18 want to also intrude. If you're hungry we can take a 19 little longer. It's totally up to you. 20 A. I was -- I really -- I'm not strict in 21 my lunch hour, but I don't know. 22 Q. Well, then I'll -- 23 A. We can stick to the one hour and a 24 half. 25 Q. Well, so I'll just keep going. Let me Page 120 1 know whenever you're ready for -- to take a lunch 2 break. Okay? And if not, I'll ask you probably 3 again in about 20 minutes. Sound good? 4 A. Okay. If you want, we can set maybe 5 12- -- maybe a half an hour more. 6 Q. Okay. 7 A. Just to have -- 8 Q. Sure. Well, I don't want to tell you 9 I'll take a break at 12:30 because I may need to go a 10 little after that, but we're going to keep going. 11 So -- but I'll try to -- well, let's do a few more 12 and then we'll take a break, okay. 13 THE VIDEOGRAPHER: And, Counsel, about 14 40 minutes to required media change. 15 MS. SHOAEI: Perfect. So it's almost 16 like it's meant to be at that time. 17 Q. (BY MS. SHOAEI) Okay. So, Mr. Lopez, 18 we -- we talked about the entering of the MPSA. Do 19 you -- are you -- do you know that the MPSA also 20 included something called a Statement of Work? Are 21 you familiar with that? 22 A. Yes. 23 Q. And are you familiar with the Statement 24 of Work also providing -- providing a functional 25 requirements matrix? Page 121 1 A. I don't recall really if the Statement 2 of Work included the functional matrix really right 3 away, but -- but if so . . . 4 Q. Then let me ask it this way. Were you 5 involved in the functional requirements matrix that 6 was ultimately embedded into the MPSA? 7 MR. SWANSON: Objection, form. 8 A. No. 9 Q. (BY MS. SHOAEI) Okay. So you don't 10 know what was graded by what functionality in the 11 functional requirements -- requirements matrix that 12 was put into the MPSA? 13 A. Sorry. Can you repeat. I didn't hear. 14 MR. SWANSON: Objection, form. 15 Q. (BY MS. SHOAEI) You are not familiar 16 with the grading matrix that was part of the 17 functional requirements matrix in the -- in the MPSA; 18 is that -- is that right? 19 MR. SWANSON: Objection, form. 20 A. I didn't -- I didn't participate in 21 the -- in the grading. Eventually in the project, 22 I -- some discussions came around one or two RFPs in 23 what we called the scope management process. But as 24 a whole, I don't have the detail of the 2,000 plus 25 RFPs grading. 31 (Pages 118 - 121) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 32 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 122 1 Q. (BY MS. SHOAEI) Do you understand the 2 general grading matrix in the A, B, C, D, E, F, G? 3 Do you understand -- just generally do you understand 4 what that was? 5 MR. SWANSON: Objection, form. 6 A. Generally, yes. 7 Q. (BY MS. SHOAEI) Okay. And what is -- 8 what is your general understanding of the grading 9 matrix? 10 A. I recall, A, which was that the 11 software have it. And I recall G, the two -- the two 12 opposites which is that we didn't have it. I know 13 that they were busy -- there were some in the middle 14 that have some degree of -- it required some kind of 15 software development extension, but I don't remember 16 the caps and the limits from -- from this middle 17 grades. 18 Q. Understood. And I'll try not to ask 19 you a lot of questions on -- especially the middle 20 grades. Because to your point, they get -- they're 21 little -- they are tweaks. They're small differences 22 between the middle grades. But going to your extreme 23 ones, I think you meant A and G. You said A means 24 that the software has it. 25 To your understanding, does that mean Page 123 1 that there were no modifications that were to be -- 2 that needed to be -- excuse me. Let me rephrase 3 that. 4 Did A mean, to your understanding, that 5 no modifications were required? 6 MR. SWANSON: Objection, form. 7 A. Let me -- let me clarify that because 8 modification is a very general word. And -- and when 9 we, at least what I understood or understand from A 10 is that we can cover it with our software, and that 11 flexibility on configuration that we have on it. 12 So do you -- you may have -- you might 13 be required to -- to perform an action, that that 14 action needed that you create a rule in the system. 15 That rule for us is configuration. It's not coding. 16 You don't need to go to the code. 17 You need to access to the configuration 18 ledger, the client -- the client domain, make some 19 modification to the client domain and you will have 20 it. My understanding here is that we didn't have to 21 do modification to the core of the -- of the 22 software. 23 Q. (BY MS. SHOAEI) Okay. So it's your 24 understanding when something was a grade A and then 25 that there was no modification was required to the Page 124 1 core, which was talked about earlier was the code; is 2 that right? 3 A. Yeah. 4 MR. SWANSON: Objection to form. 5 Q. (BY MS. SHOAEI) Okay. And do you know 6 who put -- who developed the grading matrix for Open? 7 Do you know? 8 A. Exactly, no. There were several people 9 involved, I'm told, and most of them were sales 10 consultants, product development consultants, and I 11 would say that eventually some of the people, some 12 implementation consultant, but there were several 13 people that had answered this. 14 Q. And let's go to the timeline because 15 you're -- do you know how -- how the timeline changed 16 from when the timeline that Open proposed in response 17 to the RFP and the timeline that was part of the 18 MPSA, if at all? 19 MR. SWANSON: Objection, form. 20 A. I do recall a change that was made. 21 What I don't recall is exactly when it was made. And 22 a change was because the City asked us to do it 23 according to some of their commitments with the City 24 launching some of the products and all of that. And 25 I -- and I remembered that we review that and we set Page 125 1 some requirements, some adjustments, some risks, 2 and -- and had this second version of the -- of 3 the -- of the timeline that eventually ended in the 4 Master Professional Agreement. 5 Q. (BY MS. SHOAEI) Okay. So it's your 6 understanding the timeline changed from what was 7 proposed in the -- in Open's proposal to the response 8 to the RFP and the one that was in the MPSA; is that 9 right? 10 A. I'm not sure. I'm not sure. And let 11 me explain why. Because we are talking about the one 12 we submitted. So I don't know -- I don't recall if 13 this discussion, this change, was prior we submitted 14 or after we submitted. But I do recall that we had a 15 change in the timeline to be very sincere. I don't 16 want to be imprecise on my answer. 17 Q. And I appreciate that. And I want to 18 also clarify what do you mean when we first 19 submitted? Do you mean the first timeline submitted 20 in response to the City's RFP? 21 A. Yes. 22 Q. Is that what you're referring to? 23 A. Yeah. 24 Q. Did you ever have discussions with 25 anyone at Open expressing any -- did you -- let me 32 (Pages 122 - 125) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 33 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 126 1 scratch that. 2 Did you ever express any concern with 3 the timeline that was -- that eventually was part of 4 the MPSA? 5 A. Yes. 6 Q. Okay. When did you express that 7 concern? 8 A. In our different discussions. There is 9 no timeline that we submit that I don't express my 10 concerns as part of my job in order so that we can 11 anticipate to possible things that could happen. 12 Q. Okay. And so just so -- what you're 13 saying is you always have -- you always express 14 concerns for a timeline on any project; is that 15 right? 16 MR. SWANSON: Objection, form. 17 A. Yeah. And let me -- and let me explain 18 why. When I talk of concerns, it's what might be 19 something we need to be careful on as a client and as 20 a -- from the vendor perspective and from the 21 client's perspective we need to be very aware because 22 there are -- there are risks around that. 23 To put an example, in the one that I 24 just tell you earlier, there was a obvious concern on 25 the ability of the client to have two -- two separate Page 127 1 themes after we split the tracks in the middle of the 2 project. That concern ended up with a risk that -- 3 that we manage first through the sales consultant to 4 communicate that, to validate, to have -- try to have 5 if -- if that risk is something that maybe is 6 unfounded or very unprobable to pass or what is the 7 perspective of the client. 8 And, second, through -- through the 9 negotiations or, for example, the presentations and 10 also this information passes to the project manager 11 so that they can continue their risk management 12 process so that eventually we can -- we can try to at 13 least mitigate if these risks materialized. 14 Q. Okay. I understand that you have these 15 concerns for the project. Do you know whether other 16 people at Open thought the projected timeline was 17 adequate to put into the MPSA? 18 MR. SWANSON: Objection, form. 19 A. To understand, if I heard that people 20 at Open were -- agreed with the timeline or didn't 21 agree? 22 Q. (BY MS. SHOAEI) Did agree. That they 23 agreed that the timeline that was going to be part of 24 the MPSA was adequate? Did you ever have discussions 25 with anyone at Open that expressed that? Page 128 1 MR. SWANSON: Objection, form. 2 A. And by -- and by adequate -- sorry 3 to -- because it's also a term. Do you mean 4 feasible? 5 Q. (BY MS. SHOAEI) I'm sorry. Feasible, 6 is that what you said? 7 A. Si. Yeah, yeah. Sorry. Feasible. 8 Q. Oh. Well, I'm going to -- let me show 9 you what I'm exactly referring to, and we can kind of 10 work on this one together. So this is going to be 11 Exhibit 241. It's the MPSA that's already been 12 entered as an exhibit. And, Mr. Lopez, do you see my 13 screen here? 14 A. Yes. 15 Q. Okay. So this is the MPSA, and I've 16 come down to the Statement of Work in Section 5 17 titled Project Schedule. Do you see that? 18 A. Yes. 19 Q. Okay. And it says, "5.2 high-level 20 project plan. The implementation plan will be a 21 13th-month period with an additional four-month post 22 go-live support period as a requirement of the City. 23 Open believes this timeframe is adequate based on our 24 experience and our view of the functional scope, the 25 solution business model, and the implementation Page 129 1 methodology." Do you see that? 2 A. Yeah. 3 Q. Okay. And so this is referring to what 4 Open believes. And it says, "Open believes this 5 timeframe is adequate." Do you have an understanding 6 as to if Open believed that the timeframe was 7 adequate or not? 8 MR. SWANSON: Objection. Open isn't 9 testifying here. 10 Q. (BY MS. SHOAEI) And my question was: 11 Do you have an understanding as to whether Open 12 believed that this timeframe was adequate? And I'll 13 show you, too, Mr. Lopez, so you can see it. This is 14 the timeframe. 15 A. I will answer -- I will answer. Me -- 16 sorry to be first in this phrase. 17 Q. That's okay. 18 A. And the rest of the people that were 19 involved into that thought that this schedule was 20 feasible, was possible, then it was adequate for what 21 we -- what we understood and information that we have 22 it from Fort Collins. 23 Q. Okay. And I do want to show, while 24 we're on this page here, is it's initiation is shown 25 August 2018, and the project closure is January 2020. 33 (Pages 126 - 129) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 34 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 130 1 Correct? It's at least what you can see on this 2 chart. 3 A. Yeah. 4 Q. Okay. And what we looked at earlier 5 was the same proposed dates, January -- excuse me -- 6 August 2018 through January 2020. Do you recall 7 that? 8 MR. SWANSON: Objection, form. 9 A. Yeah. I recall -- I recall this chart 10 and I recall that we provided as part of the -- of 11 the Master Professional Agreement on that Statement 12 of Work. Sorry. 13 Q. (BY MS. SHOAEI) Yes. I understand. 14 And this is -- this is the Master -- the MPSA. 15 A. Yeah. 16 Q. This is what we're looking at? 17 A. Yeah. 18 Q. And then here we have the two rollouts, 19 correct, and it says go-live. And here it's supposed 20 to be go-live utilities for June of 2019. Do you see 21 that? 22 MR. SWANSON: Objection, form. 23 A. No, it says go-live broadband. 24 Q. (BY MS. SHOAEI) I'm sorry. Did I say 25 go-live utilities? I apologize. This says go-live Page 131 1 broadband on June -- for June 2019, correct? 2 A. That's what shows that plan that we 3 send here. 4 Q. Okay. And then the go-live for 5 utilities was going to be -- was to be September of 6 2019. And you mentioned a few things earlier that 7 there were discussions of things that you wanted the 8 City to provide to be able to meet these deadlines; 9 is that right? 10 A. Yes. In order to complete these 11 deadlines, we will need several things from the City 12 to be provided in very specific moments so that we 13 can achieve these timelines. 14 Q. Where are those tasks or things that 15 you wanted the City to fulfill in order to meet this 16 timeline? Do you know where those tasks and 17 information is listed? 18 MR. SWANSON: Objection, form. 19 A. I do recall -- I do recall that we have 20 much of the responsibility for each stage. We also 21 have some premises somewhere in the document that -- 22 that is dated -- very specific requirement that we 23 have. We also had in the -- in the presentations, in 24 the workshops we -- we talked about this with the 25 City. And I think that to my recall that -- that is Page 132 1 where all of this information was provided to the 2 City. 3 Q. (BY MS. SHOAEI) Okay. And I don't -- 4 and I don't think I heard the first thing you said. 5 I head you say the premises and the presentations. 6 But what was the first thing you said? 7 A. In the Statement of Work there is a 8 detailed -- 9 Q. Statement of Work. 10 A. Statement of Work. There is a detailed 11 description of that activity detail that says what 12 we're going to do and who is responsible of what. 13 Q. Does it say the date? 14 A. No. 15 Q. Is there -- is there a document that 16 you are aware of that was provided to the City that 17 outlined what the City was supposed to provide, the 18 activity, the task, and by what date? 19 MR. SWANSON: Objection, form. 20 A. Normally in project management, as I 21 said, and at these stages, the dates are relative. 22 Because you submit an offer estimating to start a 23 date and normally you start in a different date. 24 What matters or what we use in project management is 25 that -- it's very clear the time centered durations Page 133 1 of the -- of the activities. 2 And if you are responsible, for 3 example, of providing, I don't know, the business 4 processes before the solutions scopes presentation as 5 a requirement, then you will know that you will need 6 it at least. If this was the plan, that you will 7 need it for mid-October. 8 Q. Okay. 9 A. If we start -- and also, during the 10 project planning, before every single stage of the 11 project was even started, we did during the project, 12 and we usually do, add detailed planning of the work 13 and what is needed to do in each stage. 14 So giving the same example, before we 15 start a solutions presentation, we sit down with 16 the -- with the City and detail and answer whatever 17 question or concern or doubt the client, in this case 18 the City, will have around the things they needed to 19 do. 20 Q. Okay. And so -- 21 A. Talking -- 22 Q. Go ahead. 23 A. -- particular to -- to the things. 24 There were other things that we -- that we considered 25 that they were very relevant that we leave it very 34 (Pages 130 - 133) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 35 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 134 1 specifically. I think that it was on the premises -- 2 premises -- premises? I don't know if I'm spelling 3 it -- saying it correct -- on -- on the Statement of 4 Work. 5 Q. Okay. And my question was slightly 6 different, although I appreciate the information. Is 7 do you know of a document, or maybe it's documents, 8 where Open laid out for the City each individual 9 activity, is what you're calling it, activity, and 10 the date that it was to be due? 11 MR. SWANSON: Objection, form. 12 A. I would say I don't have exactly the 13 names, but I -- but I do know that, as I told you, we 14 provide the City with that information, the plans. 15 Normally there were some Excel files in which with 16 the City we sit down and plan specifically the work 17 that was needed to be done. 18 Q. (BY MS. SHOAEI) And identified that 19 work -- sorry. And just want to make sure -- I want 20 to make sure we're here on this topic. Is that plan 21 that you're referencing, the Excel sheet, identified 22 the task, correct? 23 A. (Deponent nodded head up and down.) 24 Q. Yes? 25 A. Yes, the task. Page 135 1 Q. Okay. It identified the date the task 2 was due, correct? 3 MR. SWANSON: Objection, form. 4 A. According -- it was the plan, so it 5 tells the activity and the duration and the 6 dependence between -- between them. 7 Q. (BY MS. SHOAEI) Okay. And this plan 8 identified who was the responsible party for that 9 activity, correct? 10 A. Yes. 11 Q. Okay. And I understand that you're 12 saying that you don't know the specific name of this 13 document, but was it -- did it -- was it an Excel 14 sheet? I know that's what you referenced. Is it an 15 Excel sheet? 16 A. The one that I recall was an Excel. 17 You can do it in different -- different softwares or 18 different -- the one for system configuration was -- 19 was something that -- that we eventually did it in 20 Excel because not everybody in the City had Microsoft 21 Project. So it was like an extract of the -- of 22 Excel and an extract of the Microsoft Project. 23 And in this -- in this file you will 24 see -- and it was the planning of both Open and the 25 City sit down and plan the activities, the resources Page 136 1 or the people who were going to do it and will give 2 us the idea if we were going to have problems or we 3 were going to have some issues in terms of -- of 4 resources. 5 Q. And -- go ahead. Or what? I was not 6 trying to -- or what? 7 A. Or the timing. 8 Q. Okay. 9 A. We were going to -- to move. 10 Q. And so when I asked you about the date, 11 you told me it's a duration. What do -- what do you 12 mean by "it's a duration"? Is there -- was there or 13 was there not a due date that Open wanted tasks or 14 activities done by the City on the project? 15 MR. SWANSON: Objection, form. 16 A. Yes, definitely. 17 Q. (BY MS. SHOAEI) Okay. 18 A. In the -- in the -- let me clarify. 19 Every -- the first -- the first thing that we did in 20 the project in the initiation and planning was to sit 21 down with the -- with the City and took the proposal, 22 Microsoft Project that you showed me, and adjust it 23 to the particularities of -- of the City. 24 This means exactly to move all of the 25 projects to exactly the date that we started. It Page 137 1 could be a difference in days, but it is important so 2 that after that we can see exactly which date is due 3 to do what. 4 Second, which will be the holidays or 5 the nonworking days that the City is anticipating 6 because that will move the -- at least the schedule, 7 the working schedule. And we sit down and review 8 with the City providing them information if they need 9 to -- to adjust something and also to include the 10 activities that are their responsibility. For 11 example, to include extraction and conversion or to 12 put, for example, if they need to detail that 13 gathering of information that we needed. 14 Q. Okay. 15 A. In that -- in that master plan, you 16 will have the dates and all of that, and we will need 17 it and we will -- it was very clear for everybody to 18 see, okay, if we're going to configure, let's say 19 just for a month because I don't -- I don't remember 20 the dates. 21 The first of January of 2019 we need to 22 have information ready by that date. That is the 23 way -- the way everybody knows it. So what we were 24 expected and everybody had this understanding was 25 that we identify what we need before every major 35 (Pages 134 - 137) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 36 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 138 1 phase was going to start. 2 And we identify who was responsible of 3 what. And every -- every responsible, every party, 4 will make their effort to come to achieve these 5 deadlines in order so that the plan will not -- will 6 not get affected. And that way you -- you start to 7 see. 8 And just to close here, when we found, 9 for example, that today was the due date to deliver 10 any particular information, for example, for 11 configuration, we need the business processes 12 defined, and there were standing processes to be 13 defined. We -- we raised the hand and we sit down 14 with Fort Collins and said, okay, we have these 15 problems, what are we going to do. We sit down and 16 we make plans with commitments from Fort Collins and 17 start working up on that. And that was the continued 18 process. 19 So then your next deadline will be -- 20 will be from a week now, having these impacts, taking 21 these risks. You are assuming X; we are -- we are 22 assuming Y. And we will start working around -- 23 around the deadlines. 24 And also very important to your 25 question is that it's very difficult that you have Page 139 1 complete detailed planning on the beginning of the 2 project. That's why there is normally used a term 3 that is roll wave planning. So you start with that 4 overall planning that give us the idea and 5 understanding conceptually on when I need to deliver 6 what. 7 And then before every single phase is 8 going to start, the two parties sit down and detail 9 that. Some of the detailed planning will show 10 that -- that we can eventually recover to some delay 11 or we can work around something that has not been 12 delivered timely and all of the things will say, no, 13 this definitely will affect the project. 14 So this is a process -- and I wanted to 15 explain you this, so that you can understand why I'm 16 answering that. 17 MR. SWANSON: It looks like Dennis is 18 flagging us. Is this a good time for a break, Maral? 19 MS. SHOAEI: It's not, but I don't 20 think we really have much of a choice because we have 21 to change the video anyway. 22 MR. SWANSON: So do you want to come 23 back -- 24 THE VIDEOGRAPHER: Going off the 25 record. This is the end of Media Number 2. The time Page 140 1 is 12:30 p.m. Central. 2 (Recess taken, 12:30 p.m. to 1:28 p.m.) 3 THE VIDEOGRAPHER: We're back on the 4 record. This is the beginning of Media Number 3 in 5 the deposition of Diego Lopez. The time is 1:28 p.m. 6 Central. 7 Q. (BY MS. SHOAEI) And welcome back, 8 Mr. Lopez. Did you have a nice lunch? 9 A. Yeah. 10 Q. Good. Did you speak to anyone during 11 the lunch break? 12 A. Yes. To Paul and Alex. 13 Q. Anyone else -- did you speak to anyone 14 else substantively about your deposition today? 15 A. No, not anybody else. 16 Q. Okay. I was trying to just leave your 17 wife out of it. You told me earlier you spoke to 18 your wife. 19 A. Yeah. That would be my next answer. 20 Q. Okay. Understood. Mr. Lopez, we left 21 off -- we were talking about just the initiation of 22 the project and leading up to the MPSA. When the 23 project began, who were you mostly communicating with 24 from the City? 25 A. When the project began, I communicated Page 141 1 with Mona and -- I forget the name -- Lori. Which by 2 the word -- like the -- I think that I remember that 3 there were like the persons that were defined as 4 the -- as the MPSA coordinator, I think. And they 5 both -- I went there to settle the team, to be sure 6 that the team has -- has their accommodations and 7 that were my -- my intervenings in the project at the 8 beginning. 9 Q. Okay. And you mentioned a couple of 10 times that you were at the City. During this span of 11 the project, what percentage would you say you were 12 at Fort Collins? 13 MR. SWANSON: Objection, form. 14 A. I was -- 15 Q. (BY MS. SHOAEI) Present. Exactly. 16 Physically. 17 A. Present, yeah. Physically at Fort 18 Collins. Very difficult to -- to say. I went -- we 19 went at the beginning to set up things, to be -- to 20 see after the core team and doing the broadband -- 21 doing the -- until broadband, go-live. I would say 22 that I recall a few trips. Maybe twice. 23 Q. Were you -- were you aware of any 24 discussions with the City about the City hiring an 25 external project manager for the project? 36 (Pages 138 - 141) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 37 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 142 1 A. Yes. 2 Q. Okay. And were you part of those 3 discussions with the City about the City having an 4 external project manager? 5 A. Yes. 6 Q. Okay. And who were you having those 7 discussions with from the City? 8 A. I recall one with Lori Clements. 9 Q. Okay. And what was that discussion? 10 What discussion did you have with Ms. Clements? 11 A. We were -- I don't know how the 12 conversation went or started. Sorry. But first, we 13 were discussing some -- I remember some artifacts, 14 what we would call artifacts, some documents that we 15 needed to do. I think there was the risk management. 16 And she told me that she -- she felt a little bit -- 17 she was not very familiar with some of these -- of 18 this terminology. 19 And we talked about that -- that what 20 happened with the -- with the project manager. And 21 what she told back then is that the City -- the City 22 made a decision that -- that they -- they will not 23 hide it -- hire -- hire this project manager and she 24 was assigned. 25 I remember telling her that I think Page 143 1 that -- that -- I think that is -- at that moment to 2 revive that conversation, to try to see if she could 3 have at least help in this -- in that matter. And 4 she told me that she was going to escalate that. 5 Q. Prior to that discussion with 6 Ms. Clements, did you have -- did you have an 7 understanding as to whether the City was required to 8 have an external project manager on the project? 9 A. If I understand -- sorry. I want to be 10 sure. If I understand it, the City was required to 11 have a project manager. 12 Q. Is that -- is that what your 13 understanding was? 14 A. Yes. 15 MR. SWANSON: Objection, form. 16 Q. (BY MS. SHOAEI) And how did you form 17 that understanding? 18 A. I -- for sure I go back from where I'm 19 sure. We talked about during the presentations. And 20 I am -- I'm not 100 percent sure, but I -- but I do 21 think that during the answers of the RFP our response 22 that -- that we -- we recommended and needed that the 23 City hire a project manager. 24 Q. During the course of the project, 25 you, you being Open, opened -- let me scratch that. Page 144 1 During the part of this -- during the 2 course of this project, were you aware that 3 individuals from Open were providing weekly progress 4 reports? 5 MR. SWANSON: Objection, form. 6 A. No. 7 Q. (BY MS. SHOAEI) So you were not -- 8 A. No, not that -- just to -- just to 9 articulate my question -- my answer. There were not 10 the -- the weekly reports from the beginning of the 11 project was something that was produced between -- 12 between the project managers. 13 Q. Okay. 14 A. At that time. 15 Q. Okay. And so do you -- do you know 16 what I'm referring to when I refer to weekly progress 17 reports? Is that what you're -- is that what you're 18 saying was only between the project managers? 19 A. No. What I wanted to clarify is that 20 was something intended at least at the beginning to 21 be a report from the project managers to the rest of 22 the stakeholders, not only by Open. It was something 23 that was discussed between the project managers, and 24 then it was released by -- by -- normally Dwayne send 25 it, but our methodologies or our practice is that Page 145 1 every -- the status reports is -- it's a -- it's a 2 report that is agreed between the project managers 3 and send it to the rest of the -- of the 4 stakeholders. 5 Q. And that was a way to track the 6 progress of the project; is that fair? 7 A. Not the only one, but more than to 8 track is to communicate to the different stakeholders 9 the -- the status of the project and the most 10 important things, which is the issues, what has been 11 accomplished and -- and risks. That is very 12 important in order to try to anticipate to real 13 issues. 14 Q. Okay. And you mentioned risks a couple 15 of times, and I'm going to show you a document here 16 that was previously marked as Exhibit 246. It's 17 going to be two -- it's going to have a cover e-mail 18 and an attachment. So you'll see two e-mails back to 19 back -- or two documents -- excuse me -- back to 20 back. Give me one second here. Just let me get 21 oriented so you can see my screen. 22 Okay. So do you see this on your 23 screen, Mr. Lopez? 24 A. Yes. 25 Q. Okay. And this is -- you're not on 37 (Pages 142 - 145) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 38 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 146 1 this e-mail, but I just want to get you oriented on 2 the date and what is happening. It's an e-mail from 3 Jeff Valadez to Mr. Hernando Parrott on October 2, 4 2018. Do you see that? 5 A. Yes. 6 Q. Okay. And the subject is Risk 7 Register, and it's attaching a Project Risks FC. 8 Here, this -- what I'm going to show you now is 9 Exhibit 246.1. That's already been entered into in a 10 previous deposition. And this is -- this is the 11 attachment. Can you see this? 12 A. Yeah, I can see the file. 13 Q. Okay. And it's an Excel spreadsheet 14 with various columns and rows is what this looks 15 like. And what I want to ask you here is why, if you 16 know -- first of all, have you seen this document 17 before today? 18 A. Particularly that one, I'm not sure. 19 Q. Okay. 20 A. But it seems that is something that we 21 use to track the risks. 22 Q. And is this something that Open, to 23 your understanding, would use to track risks 24 internally? 25 A. No. This -- this is -- we only have Page 147 1 one pool to track risks, and these risks are shared 2 through the project manager to -- to the other 3 project manager. 4 Q. Okay. So your understanding is that 5 this document and the information that's in these -- 6 in this document was shared with the City; is that 7 right? 8 A. I'm not sure. I can't guarantee that. 9 But what I can say is that the information that we 10 tracked from risks came from meetings between the 11 project managers from both sides. So we don't 12 track -- because if you track a risk only with one 13 view, you -- you may have misleading the risk. 14 So normally the project managers will 15 sit down and will share and say, look, I identified 16 this risk, I think that it has this -- the finish on 17 this, this score. Do you agree? And sharing this 18 information at the end comes with -- with -- with 19 uploading or -- or making the information to input to 20 our risk management. I'm not sure if this particular 21 file was -- was shared to -- to Fort Collins. 22 Q. And do you know -- do you know who 23 drafted this version of this document here -- and 24 I'll show you, again, the date -- on October 2nd, 25 2018? Page 148 1 A. No, no, I don't. I don't know. 2 Q. Do you know if this was provided to or 3 was shared with Mr. Bishop? 4 A. I cannot -- I cannot say either way. 5 Q. Okay. Earlier when we were talking 6 about the -- the RFP and the MPSA, do you know what 7 version of Smartflex Open represented in -- in the 8 proposal in response to the RFP? 9 A. Not really. 10 Q. Okay. In August of 2018, are you aware 11 of which version of Open's Smartflex existed? 12 A. That exact date, no. That exact day, 13 no. 14 Q. Okay. Do you know when Version 8 of 15 Smartflex was released? 16 A. I -- for me it was -- and I think -- or 17 I'm not sure exactly when it was released, but I will 18 say that some day in 2018. 19 Q. Okay. And so here -- do you see the 20 second row it's titled Fulfillment of the 21 Functionality from the Product? 22 A. Yes. 23 Q. Okay. And then we go over to Column D, 24 and it says, "Since the version of Open Smartflex for 25 the North American market has not been released, the Page 149 1 project team has not been able to verify a functional 2 scope." Do you see that? 3 A. Yeah. 4 Q. Okay. So as of October 2nd, 2019, 5 Version 8 of Smartflex -- this looks -- this makes 6 it -- this seems to show that Version 8 of Smartflex 7 was not released as of October 2nd, 2018. Would you 8 agree with that? 9 A. I am not sure because I don't know who 10 write it, but -- and I'm not -- I'm not aware if this 11 can be concrete in order to say that I agree or not. 12 Q. Okay. Who would know if by 13 October 2nd, 2018, Version 8 of Smartflex had been 14 released? 15 A. Definitely all of the product -- the 16 product -- at least executives and definitely the -- 17 the -- I would say that -- or I will say the core 18 team. 19 Q. What was the last word? I'm sorry. 20 A. Core team. The implementation core 21 team. 22 Q. Core team. Okay. Thank you. Also, 23 look at -- do you see this entry titled Self-Service 24 Portal? Yes? 25 A. Line -- Line 9? 38 (Pages 146 - 149) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 39 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 150 1 Q. Line 9. Correct. Do you see that? 2 A. Yes, I see it. 3 Q. Okay. And if we go to the Cause, which 4 is Column D, it says, "A self-service portal is still 5 unknown." Do you see that? 6 A. Yes. 7 Q. Okay. And then the next under Risks 8 says, "It will be delivered after the stages, 9 training and solutions scope presentation." 10 A. Yes. 11 Q. When was the solutions scope 12 presentation, to your understanding, supposed to be 13 completed by? 14 A. I think that it will be by January -- 15 January or February of 2019. 16 Q. Do you know when the service portal was 17 delivered on the project? 18 A. I think that it was delivered -- no, 19 really I don't. I don't have the exact date. 20 Q. And I'm not asking for an exact date. 21 Do you know if it was after the -- I think you said 22 January or February 2019. Do you know if the service 23 portal was delivered after January or February of 24 2019? 25 A. I'm not sure because -- because we did Page 151 1 present several -- several -- no. We present the -- 2 I know that we have meetings to present the portal 3 during the solutions scope. And so I'm not sure 4 about the date, what was missing or if something -- 5 what really was the delivery date. 6 Q. Okay. 7 A. But I -- but I do remember that during 8 the solutions scope presentation we showed the -- 9 the -- the self-service portal. 10 Q. Okay. And so when we look at this next 11 column, which is Affect Possible Result, and it says, 12 "It will not be possible to show all involved 13 functionalities." To your knowledge, by when could 14 Open show all involved functionalities for the 15 self-service portal? 16 A. No, I don't -- I don't really have 17 that. Now, remember -- 18 Q. Would that be -- would that be the 19 production team -- or excuse me -- the core team that 20 you mentioned? Would they know? 21 A. Yeah, yeah. Definitely. They -- they 22 were -- this is -- let me provide some feedback -- 23 some -- some context around here. This is a working 24 document, or this is a live document, and these are 25 possible risks. These are not facts. So this helps Page 152 1 us to make actions and work towards that. So -- but 2 this detailing is that the team was seeing these 3 risks. But at the end, I'm not sure if that really 4 happened or not. 5 And what does the team did in order to 6 mitigate the impacts or what agreements during the 7 project they made with Fort Collins in order to 8 mitigate that risk, mitigate the effect, which is it 9 will not be possible to show all functionalities. 10 Q. Understood. And so -- 11 A. What I can recall -- 12 Q. Sorry. While you're there -- and we 13 can come back to what you are saying -- 14 A. Okay. 15 Q. But with -- with respect to -- it is 16 your understanding that all of the risks -- this is a 17 live document, and all of the risks that were being 18 placed into this or added to this document were 19 always shared with the City; is that right? 20 A. I cannot guarantee that because I 21 didn't produce it. What I can guarantee is that the 22 process stipulates that the project manager in that 23 case, which the moment was Dwayne, shared this 24 information with -- with Lori. But I cannot 25 guarantee that for sure. Page 153 1 (Deposition Exhibit 333 was marked.) 2 Q. (BY MS. SHOAEI) Okay. We were 3 discussing plans earlier and project plans, and I 4 want to show you another document here, and this will 5 be Exhibit 323 -- and I'm just double-checking as I 6 hesitate. I believe we should be up -- excuse me -- 7 333. Yep, 333. 8 MS. SHOAEI: And, Paul, this was in the 9 first set, Number 10. 10 (Court reporter lost connection and 11 recess taken, 1:49 p.m. to 2:00 p.m.) 12 Q. (BY MS. SHOAEI) Mr. Lopez, do you see 13 the document on your screen right now? 14 A. Yeah. 15 Q. Okay. And so this is an e-mail 16 chain -- I'm going to show it to you really quick. 17 It's a two-page e-mail chain between you -- excuse 18 me -- it starts off between Ms. Clements, Mr. Bishop 19 and Ms. Walder. Do you see that? 20 A. Yeah. Let me just -- let me just read 21 it. 22 Q. I will. And I will -- and I will let 23 you read it for a second. I'm just trying to get you 24 oriented first, and then I'll let you read it, of 25 course. But do you see how the first e-mail starts 39 (Pages 150 - 153) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 40 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 154 1 with Ms. Clements to Mr. Bishop and Ms. Walder, 2 correct? 3 A. Yes. 4 Q. Okay. And it's dated November 13th, 5 2018, correct? 6 A. Correct. 7 Q. Okay. And then why I'm trying to get 8 you oriented is so you can see that you eventually 9 get this e-mail. And so this very -- the first 10 e-mail, the top e-mail, is from you to Mr. Bishop on 11 November 14th, 2018; is that right? 12 A. Let me see. I don't see the date of 13 the last e-mail from me. Ah, okay. Sorry. Yeah, 14 I've got it. Yes. 15 Q. That's okay. Okay. So now that -- now 16 that you're oriented. So I just wanted you to get 17 there first. Here you go. This is back to the first 18 e-mail on the chain. 19 A. Okay. 20 Q. And then we're going to go up to here. 21 And this second e-mail is from Mr. Bishop to you on 22 November 14th. 23 A. Okay. 24 Q. And then the final is your response. 25 A. Okay. Page 155 1 Q. Okay. And so here what we saw in 2 that -- in this e-mail that you looked at from 3 Mr. Bishop, he's forwarding the e-mail from 4 Ms. Clements to you, correct? 5 A. Yes. 6 Q. Okay. Here -- well, when Ms. Clements 7 entered that in her e-mail -- is telling Mr. Bishop, 8 she wants a complete project plan with specific 9 details, dates, resources, et cetera, on the 10 integrations. 11 And when Mr. Bishop forwards you that, 12 is that the same plan -- did you understand her -- do 13 you understand her to be referring to the same plan 14 that you and I were discussing earlier? 15 A. It might. And let me explain. There 16 are two -- as I told you, there are two -- there are 17 different moments for the planning. During the 18 decision and planning for the -- so we define that we 19 will close the decision and planning with a set of 20 planning that will lead to the teams to have a 21 complete understanding on how the project will be 22 managed. 23 This means that -- the overall project 24 plans that will be as a deliverable for the decision 25 and planning will be on the agreement between the two Page 156 1 project managers on how we were going to manage the 2 project. 3 For example, we are going to deliver a 4 general schedule. And before every single task we 5 will detail them -- detail it. If -- if it needs to 6 be detailed or in terms of the -- of the -- for 7 example, the invoices, how -- what documentation we 8 need to provide to Fort Collins in order to -- to 9 generate the invoice. This type of things. 10 So what happened here was that, from my 11 perspective, and this is what I eventually talked to 12 Dwayne, was that Lori was confusing two things. She 13 was confusing that detail integration plan, which we 14 needed to have it and eventually we had. 15 But for the decision and planning -- 16 Milestone, that was not really necessary because what 17 we really intended there is that at least that two 18 teams or the two parties be agreed on how we are 19 going to execute the project and manage the project. 20 Now, this -- 21 Q. Mr. Lopez -- 22 A. Sorry -- 23 Q. No. I'm sorry. We don't have our 24 court reporter. I'm not seeing our court reporter. 25 So that's a bigger issue, because none of this Page 157 1 is being -- we don't have a transcriber right now. I 2 don't know where our court reporter went. 3 THE VIDEOGRAPHER: I do not either. I 4 just now blanked out of the participants. So going 5 off the record. The time is 1:55. 6 (Recess taken, 1:55 p.m. to 2:00 p.m.) 7 THE VIDEOGRAPHER: Back on the record 8 at 2:00 p.m. Central. 9 (Mr. Duval joined the deposition and 10 the court reporter rejoined the proceedings.) 11 Q. (BY MS. SHOAEI) I don't know what my 12 last question was since we didn't have the court 13 reporter. But let's see. What was my last question 14 to you, Mr. Lopez? Maybe we'll get back to where we 15 were. Maybe we'll circle back to this because I 16 don't know what -- I can't recall what my last 17 question was. 18 But with respect to the e-mail that we 19 were on -- and let me put it back on the screen for 20 you. At this time -- Mr. Bishop refers -- says to 21 you and references an integration team. Who was the 22 integration team that Mr. Bishop is referring to, if 23 you know? 24 A. I don't -- I don't know. 25 Q. Okay. And then in your response to 40 (Pages 154 - 157) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 41 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 158 1 Mr. Lopez -- excuse me -- Mr. Bishop -- you being 2 Mr. Lopez state, "This is a big issue, and from your 3 feedback before this e-mail, I did not see that 4 coming." What -- what are you saying here that you 5 did not see coming? 6 A. That -- that Lori was not approving 7 the -- the closure of the first Milestone because of 8 that issue. 9 Q. Okay. And when you say "accepting it," 10 you mean the invoice that she's referring to? 11 A. Yeah. 12 Q. Okay. 13 A. Yeah. The process of invoice was to 14 formalize the end of the -- of the Milestone, and it 15 had a payment attached to it making an invoice. 16 Q. Okay. When was the integration plan 17 completed, if you know? 18 A. No, I don't have exactly that -- that 19 information. 20 (Deposition Exhibit 334A and 334B were 21 marked.) 22 Q. (BY MS. SHOAEI) Okay. I want to show 23 you another document here, and we'll mark this as 24 334A and 334B, because it's going to be an original 25 version, which will be in Spanish, and then machine Page 159 1 translated version to English. Okay? So let me 2 bring that up. 3 A. (Deponent nodded head up and down.) 4 MS. SHOAEI: And, Paul, this is going 5 to be 12 and 12A in the second set I sent you. 6 MR. SWANSON: Thank you. 7 Q. (BY MS. SHOAEI) Okay. Mr. Lopez, do 8 you see this document on your screen right now? 9 A. Yeah, I'm seeing it. 10 Q. Okay. And just to get you oriented, 11 and I'll give you time to go through it. Is -- it's 12 a -- it's three e-mails and three pages. Starting 13 with the bottom here, this is the first e-mail dated 14 December 2nd, 2018, and it's from a Fort Collins 15 SharePoint site to a number of people. Do you see 16 that? 17 A. Yeah. 18 Q. Okay. And then this e-mail is a fairly 19 lengthy e-mail from you to Mr. Bishop copying 20 Ms. Beltran dated December 4th, 2018, correct? 21 A. Yes. 22 Q. Okay. And take your time and read 23 through this e-mail, please. 24 A. I will ask -- request for remote 25 control just to control it. Page 160 1 Q. That's fine. 2 A. Okay. I think I read this -- this 3 section. 4 Q. Okay. And it's a lengthy e-mail, so I 5 understand that, you know, there might be different 6 things that we talk about here. And I'll bring it 7 back to you so you get a better view of it -- if I 8 want to talk about certain paragraphs. 9 We're going to start here, though -- 10 what I want to start with is you say to Mr. Bishop -- 11 you thank him for the adjustments and then you say, 12 "Unfortunately there are some core issues more 13 related to the project management processes and tools 14 that are being reflected in the report causing it 15 still to have major inconsistencies." 16 What are you referring to when you say 17 some core issues related to the project management 18 processes and tools? 19 A. Okay. I want to make aware Dwayne, 20 our former project manager at that time that -- 21 THE REPORTER: I'm sorry. Can you say 22 that again. I want to make it for what? 23 THE DEPONENT: Sorry. I will repeat. 24 A. That I was making Dwayne, Mr. Bishop, 25 aware that -- from the PMO we were finding some Page 161 1 inconsistencies on the information we were seeing in 2 our repositories. To give a little bit of context -- 3 Q. (BY MS. SHOAEI) I don't need -- I 4 don't need context, Mr. Lopez. I just want to know 5 what you -- what you are referring to. That's all I 6 want right now. 7 MR. SWANSON: Objection -- 8 Q. (BY MS. SHOAEI) If I want you to back 9 up, I will. Right now I just want to know what -- 10 what is it that you're referring to in that e-mail. 11 That's all I want to know. 12 MR. SWANSON: You can finish your 13 answer, Mr. Lopez. 14 MS. SHOAEI: No. Unfortunately, Paul, 15 he cannot. We have spent quite a bit of time -- 16 MR. SWANSON: You're going to cut off 17 his answer? 18 MS. SHOAEI: I am going to cut off his 19 answer. 20 MR. SWANSON: Okay. 21 Q. (BY MS. SHOAEI) Thank you, Mr. Lopez. 22 Then you go and break down this e-mail into different 23 categories, okay. And the first one that you've 24 listed is Schedule Management. Do you see that? 25 A. Yes. 41 (Pages 158 - 161) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 42 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 162 1 Q. Okay. And here you give a variety of 2 information, but then you say, "For what I am seeing, 3 the schedule is not reflecting the real schedule, 4 slash, plan of the project because there are tasks I 5 don't have correctly defined their start and finish 6 dates. Some are not under the parent tasks that 7 shouldn't be and some tasks, like integration, 8 doesn't have the detail activities already defined." 9 First, what are you referring to as the real 10 schedule, slash, plan? What do you mean by that? 11 A. That my impression from what I was 12 seeing in our tools, in our repositories, were that 13 the schedule that I was seeing there was not 14 definitive or the one that the project was -- was 15 using. 16 Q. Okay. And the plan that the project 17 was using, what is -- the schedule that the project 18 was using, how -- who was responsible for maintaining 19 that schedule? 20 A. Both project managers. 21 Q. Okay. So for Open -- 22 A. Lori -- Lori -- Lori Clements, but -- 23 at that time, and Dwayne Bishop. 24 Q. Okay. What were you seeing here that 25 were -- that was inaccurate or inconsistent? I Page 163 1 should use that. That's the term I believe you use 2 in here. What was here that was inaccurate in the 3 schedule? 4 MR. SWANSON: Objection, form. 5 A. It was a hint. I was not sure. So the 6 intent of this e-mail is trying to tell Dwayne that I 7 was seeing something that for me was inconsistency -- 8 inconsistencies like the one that I am describing 9 there, which is that -- that -- I think that it says 10 like integration. It doesn't have the detailed 11 activities already defined. 12 So by that time I already knew that the 13 detail activities for integration were already 14 defined, were already agreed. But some reason I was 15 not able to see it in the version of that schedule 16 that was uploaded to our repositories. And when I 17 say "our repositories," it's Open or PMO 18 repositories. That's what I'm referring to. 19 Q. (BY MS. SHOAEI) Okay. And with respect 20 to this -- at this point in time, so let's get our 21 date here, so December 4th, 2018 -- this schedule 22 was -- included tasks and activities related to 23 broadband; is that right? 24 MR. SWANSON: Objection, form. 25 A. I'm not sure, to answer you, but I Page 164 1 expect. 2 Q. (BY MS. SHOAEI) And then you say, "We 3 need to make decisions on what we may need for the 4 next process and the key element for that is the 5 schedule. Decisions like how many support we will 6 need to add to the actual team to clarify if the 7 delivery, slash, release dates that P&T already 8 confirmed impact the project and that to have a 9 unified view of this thing," and then in parentheses 10 "project stakeholders." 11 What established processes are you -- 12 or the next processes are you referring to here? 13 A. I'm -- I'm talking about what I told 14 you that we need to, as we roll out the project, we 15 gather information, we knew more about the client and 16 we need to -- to sit down and see if we need to 17 adjust something for the plan, for the detailed plan 18 and for further -- for the future processes. 19 And the future processes for -- for 20 this -- after the solutions scope was configuration 21 and training. So my intention with this is just 22 giving head up -- heads-up to -- to Dwayne that be 23 aware that we should be doing that. We are in the 24 right moment to do that assessment. 25 Q. Okay. And then the next bullet Page 165 1 discusses risk management. And then here you also 2 say, "My concern is that we have established 3 processes supported in tools to ease the risk 4 management and that the PMO and the rest of the 5 stakeholders have a proper view of them, but that is 6 not happening." 7 The -- what are you referring to here 8 as the established processes under risk management? 9 A. That within Open we have -- we ask for 10 every project manager that is running a project from 11 our side to upload in a tool that we have the risk 12 that the -- that the project managers are -- are 13 working in the -- in the project in order so that 14 Open's stakeholders can see them and can have their 15 questions. 16 What I -- what I found at that moment 17 is that the information was -- showed some 18 inconsistencies, and I am -- I am trying to resolve 19 this with -- with Dwayne. At the end, this was a 20 problem. He -- he was -- he was uploading something, 21 and understanding of the tools that we have in place. 22 So he was uploading it differently, so that's why we 23 were not seeing it. The schedule that he -- he 24 upload was a different version from the one he was 25 using. 42 (Pages 162 - 165) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 43 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 166 1 So after we talked about and we 2 reviewed this e-mail, we make some actions around 3 that. We -- we -- I clarified some of the things 4 that he might not have so clear and things start -- 5 in order to -- to resolve these issues that, from my 6 recall, were more that the information that he was 7 using and that document that he was using was not 8 being uploaded in our -- in our repositories or in 9 our tools in a timely manner. 10 Q. Okay. And then this -- in that same 11 section you say, "And the last concern is the project 12 team will have their annual bonuses affected 13 considerably because the KPI of risk management is on 14 zero percent." 15 First, what does KPI stand for? 16 A. Key -- key -- I don't remember the -- 17 the key, but what it means is an indicator, just a 18 metric. Key -- I don't remember -- key indicator. 19 So I don't remember for what it stands for, but the 20 meaning for KPI is a measurement. Some -- some 21 measurements that we -- we did by that time around 22 the risk management. 23 Q. Okay. And so is this saying -- what 24 you're saying here that the -- I'm trying to 25 understand what -- tell me -- tell me what you're -- Page 167 1 I don't understand what you're saying in this 2 sentence, so can you please explain to me what you 3 were writing to Mr. Bishop. 4 A. The same as the other topics as -- as 5 the tools that we put in place were not being used 6 correctly at that time. The indicator or that 7 information shown that -- by the rules that we had in 8 this software in this tool showed that -- that the 9 risk management was on zero percent, which wasn't 10 true. 11 So what I'm telling him is, Look, be 12 aware because this is what I'm seeing. I -- I 13 doubt -- and by that time I doubted that the risk 14 management was really on zero percent. So I needed 15 to talk to him to see what he was doing or where the 16 problem was in order so that we can load the tool, 17 you know, with information correctly, and it can 18 calculate the correct metric around the risk 19 management matrix. 20 But this, just to clarify, this was 21 something internal from Open. This -- we use it to 22 calculate some other metrics that -- but at that time 23 we use it to -- to calculate bonuses on the team. 24 Q. Okay. And so for bonuses, is it the 25 higher the risk management percentage the higher the Page 168 1 annual bonus someone receives? 2 MR. SWANSON: Objection, form. 3 A. No, no, no. He have a different -- a 4 different role. More on -- this is not absolute. 5 So -- so this is in some ranges, and a rule to 6 calculate the -- the -- if we achieve that or not. 7 Q. (BY MS. SHOAEI) Okay. But so you're 8 telling Mr. Bishop here, "And the last concern is the 9 project team will have their annual bonuses affected 10 considerably because the KPI of risk management is on 11 zero percent." 12 So you're at this time on 13 November 4th -- excuse me -- December 4th, 2018, 14 you're expressing concern about the project team's 15 annual bonus with respect to the project; is that 16 right? 17 MR. SWANSON: Objection, form. 18 A. Yes. 19 Q. (BY MS. SHOAEI) Okay. And you're 20 correlating that to the risk management that's being 21 trapped; is that right? 22 MR. SWANSON: Objection, form. 23 A. Yes. The -- 24 Q. (BY MS. SHOAEI) Then you go on, 25 Mr. Lopez, here to this next bullet point, Quality Page 169 1 Assurance/Scope Management, okay. And then here you 2 say a few different things about the project 3 repository. "And I am not seeing any document 4 associated with the deliverables that we already 5 accomplished, like the project plan approved, the 6 minutes of completion of the processes, et cetera." 7 And then you say, "This is a major 8 issue because in our first audit, planned to be held 9 in January, we will have a lot of major issues that 10 we cannot have." 11 What -- a lot of -- what did you -- 12 what were you referring to as "a lot of major issues" 13 in this statement here? 14 MR. SWANSON: Objection. And I'll just 15 note for the record that this series of questions cut 16 off Mr. Lopez's last answer. 17 MS. SHOAEI: And I will say it was not 18 a cut-off here. He completely answered my question. 19 It was a yes, and we moved on. 20 MR. SWANSON: He said "the," and then 21 you stopped him. 22 But go ahead and -- 23 MS. SHOAEI: The question was answered. 24 The question was answered, but -- 25 MR. SWANSON: He wasn't -- he wasn't 43 (Pages 166 - 169) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 44 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 170 1 done answering. 2 MS. SHOAEI: Okay. I think we can say 3 he answered the question, and I think we're good. 4 Q. (BY MS. SHOAEI) But go ahead, 5 Mr. Lopez, to the next question that I asked. 6 A. This paragraph summarize the intention 7 of this -- of this e-mail. One of our -- of our 8 responsibilities, or at least tasks from the PMO is 9 to guarantee that all of the processes are going as 10 we planned it. 11 And when I say processes or the 12 management project, processes are as planned. The 13 way we -- we monitor this is by the project managers 14 using and uploading the tools that we provide to them 15 so that we can make our assessments. 16 While the project manager is dealing 17 with the project, having all of the -- all of his 18 duties around the project management. In this case 19 what I notice is that -- is that -- is that the 20 documents in the repository where we lists -- that 21 Milestones, that major milestones approved or minutes 22 wasn't there. 23 So I -- like -- like one of -- normally 24 these meetings that I have with -- with the project 25 managers. For sure the new project managers normally Page 171 1 happens to this process or pass through this process 2 because -- because they need to get used to the 3 tools. 4 So in here what I'm saying to her -- to 5 him is I'm not seeing the documents that I -- for 6 example, in the -- in like the project plan, I know 7 that it was approved. I know that it was delivered, 8 but for some reason that copy, the digital copy of 9 that was not uploaded in -- in the repository. And 10 I'm bringing to his attention this fact. 11 That just, as the other ones, I recall 12 that -- that they were very quickly resolved because 13 the issues were just silly things like, Sorry, Diego, 14 I was -- I was uploading in this repository and was 15 not the one that we were looking to, so it was some 16 normal synchronization problems, different versions 17 that he upload by mistake. 18 And I'm referring to the -- I'm just 19 putting aware or telling him that we within Open 20 make -- I will set a list more than two quality 21 audits internally to the project that we 22 are -- that we are executing in order to see where 23 complying -- the project is complying with the 24 processes. 25 So what I'm refer there is if we don't Page 172 1 have these -- these documents or this evidence to the 2 person that will do the audit, he or she will not 3 have the evidence that the processes were really 4 done. But it was just a matter of uploading the 5 information because at that time all of this -- all 6 of this was already -- was already done. 7 And this was resolved in that -- in 8 that meeting that I had afterwards with -- with 9 Dwayne. And it was part of the notice transfer and 10 setting up all of the -- like synchronizing and 11 aligning on -- on what we needed particularly as Open 12 and the project management. 13 Q. Okay. And then in this top e-mail is 14 where I'm going to split it for you because it's 15 going to be the English translation on one side and 16 then the Spanish on the other. So you can have both 17 side by side here, okay. 18 And the English version, like I 19 mentioned earlier, is going to be 334A and this -- 20 the original PDF that we looked at is going to be 21 334. So can you take a second and look at both of 22 these documents, please. 23 A. Okay. 24 Q. Okay. First is more of a -- it's more 25 of a technical question. Do you have any -- do you Page 173 1 have any changes to the English version of what the 2 Spanish version is stating? 3 A. No, I didn't read the English; I only 4 read -- I only read the Spanish, which was my 5 original. 6 Q. Yes. Please look at the English 7 version. 8 A. It will be very difficult because there 9 are several words that I don't -- I don't know, but 10 let me try to -- to see if I see something that come 11 out in the translation. 12 MR. SWANSON: Object to the question. 13 Form. 14 A. Okay. I finished reading the English 15 version. 16 Q. (BY MS. SHOAEI) Okay. So the first 17 thing I want to talk to you about here, just, again, 18 setting the -- setting the stage. This is -- what 19 you're doing is forwarding the e-mail that you sent 20 to Mr. Bishop to Mr. Nunez; is that right? 21 A. Yes. 22 Q. Okay. And then you are telling 23 Mr. Nunez the following. And this is where I'm going 24 to -- "The schedule is far from showing the reality 25 of the project, and this is a serious problem in my 44 (Pages 170 - 173) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 45 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 174 1 opinion." 2 Is this what you were referring to 3 earlier, that the project -- what -- what Mr. Bishop 4 was uploading was just -- was incorrectly uploading 5 the schedule that existed at the time? 6 MR. SWANSON: Objection, form. 7 A. It has to do with what I said. 8 Q. (BY MS. SHOAEI) Okay. 9 A. And that after we meet, we find out 10 that the version that I was seeing was not the 11 updated version of the schedule. 12 Q. Okay. And earlier you mentioned how -- 13 let's go back to this one really quick right here. 14 That there were -- when I asked you earlier if there 15 were plans that had been delivered -- that you were 16 certain they were delivered, correct, but they 17 weren't just -- that Mr. Bishop hadn't uploaded them. 18 Do you recall that? 19 MR. SWANSON: Objection, form. 20 A. Yes. 21 Q. (BY MS. SHOAEI) Okay. But then here 22 you're telling Mr. Nunez, "The same happens with the 23 project documentation. To date there is no 24 documentary support of at least the most relevant 25 that are the deliverables committed to be delivered Page 175 1 such as project plans" -- I'm not sure what that's 2 supposed to say -- "reports, et cetera. I do not 3 know if they have not been done or have been done and 4 are not loaded." 5 So as of the date of this e-mail, when 6 you're sending it to Mr. Nunez, it sounds like you 7 were not certain that these project documentations 8 had been delivered; is that right? 9 MR. SWANSON: Objection, form. 10 A. No. This is more of -- of the context 11 that I have right now. My involvement, the initial 12 involvement of my project, I do present a new -- 13 that, for example, the master project plan was done 14 because I participate in a few -- in a few meetings, 15 and I saw e-mails coming and going about the 16 acceptance of that project plans, the major project 17 plans. What I'm seeing here is raising a concern 18 about all of the things that I'm not -- that I'm not 19 seeing here. 20 And when I say that I don't know if 21 they have been -- not been done or have been done or 22 not loaded, it's talking generally of -- of -- of a 23 set of documents that I expect to be there. But I 24 do -- and that's why I raised and I have the doubt 25 that has not been done or not loaded, because for Page 176 1 certain I had several cases in which I knew that that 2 report or that information was done or that activity 3 was done, but I didn't see the evidence that it was 4 supposed to be -- to be -- to be sent. So that is 5 why -- why I'm raising this to -- to my boss. 6 Q. (BY MS. SHOAEI) In late December, late 7 2018, do you recall Mr. Bishop raising issues with 8 Open's capabilities to you? 9 MR. SWANSON: Objection, form. 10 A. Not really. 11 Q. (BY MS. SHOAEI) Okay. Do you recall 12 Mr. Bishop ever raising any concerns to you about 13 Smartflex's functionalities? 14 MR. SWANSON: Objection, form. 15 A. No. We have -- we had a lot of good 16 discussions with Dwayne in terms of how he feels, how 17 some -- some things that he was seeing, some of the 18 things that by his perception was not -- not very -- 19 he didn't like. 20 But they were -- they were, at least 21 for me, they were -- or at least what I remember 22 from -- from my experience being as the PMO when 23 Dwayne was the project manager was that most of them 24 were things that were normally the project when we 25 were starting. People -- people getting together, Page 177 1 getting used to different ways to do things. 2 And the way we communicate, the tools 3 and all of that. But specifically something about -- 4 about the product. Really I don't -- right now I 5 don't recall it. 6 Q. (BY MS. SHOAEI) And do you ever recall 7 Mr. Bishop raising issues with you regarding the 8 technical training that Open was conducting? 9 MR. SWANSON: Objection, form. 10 A. I do -- I do remember having 11 discussions or talking with -- with him about the 12 technical training. 13 Q. (BY MS. SHOAEI) And what do you 14 remember discussing with Mr. Bishop about the 15 technical training? 16 A. I don't know -- remember. I remember 17 talking with him about the technical training. 18 Q. Okay. So you're saying you remember 19 talking to him, but you don't remember the substance; 20 is that right? 21 A. Yeah. Exactly. 22 (Deposition Exhibit 335 was marked.) 23 Q. (BY MS. SHOAEI) Okay. We'll mark this 24 as 335. 25 MS. SHOAEI: And, Paul, this was tagged 45 (Pages 174 - 177) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 46 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 178 1 as 13 in the second set. 2 MR. SWANSON: Thank you. 3 Q. (BY MS. SHOAEI) Mr. Lopez, do you see 4 this, just the document on the screen right now? 5 A. Yeah. 6 Q. Okay. And I'm sorry that I ask you 7 that every single time. I'm just trying to make sure 8 you can see the document. 9 A. That's okay. 10 Q. Okay. And, again, we're just going to 11 first orient ourselves. This is -- you're not on 12 this top e-mail. That's from Mr. Bishop to 13 Mr. Mercado. But if I want to go to the second one 14 here, this is from Mr. Bishop to you and a series of 15 other people at Open dated December 11, 2018. Do you 16 see that? 17 A. Yes. 18 Q. Okay. And if we go -- like every other 19 e-mail chain like we've discussed, we start from the 20 bottom. It looks like the first e-mail in the chain 21 is from Ms. Liliana Ramirez to Mr. Bishop and 22 Mr. Periasamy, which I will ask you -- is that the 23 correct way of saying his name, do you know? 24 A. We call him Chithan -- 25 Q. Okay. Page 179 1 A. -- because his first name was very 2 difficult to pronounce. 3 Q. Okay. I will then call him Chithan, 4 and we'll go from there. But do you see this -- this 5 looks like this is the first e-mail in the chain. 6 And I'll show you, this is all signature blocks here. 7 A. Okay. 8 Q. Okay. First, do you know who 9 Ms. Liliana Ramirez is? 10 A. Yes. 11 Q. Okay. And what is -- do you know what 12 her role is at Open? 13 A. At that time, she had the role of 14 leading from our side, the -- what we call 15 environment or infrastructure technical consultants. 16 Q. Okay. 17 A. So anything regarding to servers to the 18 Oracle, which is the base, the database that we use. 19 That was -- was coordinated within Open with Liliana. 20 Q. Okay. And really you mentioned 21 environment. Do you know if Open has a -- had two 22 separate environments for Smartflex as in a testing 23 environment and a production environment? 24 A. Yes. 25 Q. Okay. And so whenever -- and so it Page 180 1 conducted testing separate and apart from the 2 production environment, right? 3 MR. SWANSON: Objection, form. 4 A. Definitely. 5 Q. (BY MS. SHOAEI) Okay. And why I asked 6 that is so that if any testing that occurred, do you 7 know if it then impacted the ability for people to 8 access the platform in the production environment? 9 MR. SWANSON: Objection, form. 10 A. Not -- not that I recall. But I do 11 recall -- I don't know if that is related to what you 12 are saying, which is a problem that happened in -- in 13 production -- well, in broadband that was caused 14 because Fort Collins IT didn't connect the system 15 testing environment, OSF, with the -- with the 16 production platform. 17 So when the people were testing in the 18 testing environment of OSF, this connected -- this 19 transaction was sent to that -- to the platform that 20 was real -- in realtime or in production, and that 21 caused -- I don't remember the problem. 22 And that was some of the things that 23 the City failed to provide because we didn't have a 24 platform -- in this case was -- I think that was 25 Nokia that we could -- we could use from the system Page 181 1 testing. 2 Regardless of that, we instructed the 3 City that we never -- it's a practice that nobody 4 recommends and we avoid is to have any connection 5 to -- from a system testing environment to any -- any 6 part of the infrastructure for the -- for the go-live 7 or for production. 8 That is the only thing that I recall 9 about -- about this case, but we always, from the 10 Open's Smartflex's perspective, we always do the 11 testing on a separate environment that we call 12 testing before something can be promoted 13 to -- to production. 14 Q. (BY MS. SHOAEI) And on that kind of 15 last statement you made, is that -- I guess I want to 16 confirm what you just said. So every functionality 17 that's delivered, Open conducts testing prior to 18 delivering it; is that right? 19 A. Not right. Just let me explain. Open 20 makes all its testing in the -- in their development 21 center and delivered to the project of functionality 22 that is -- that is applied. 23 Now, for every implementation process, 24 we have a set of environments in which it is included 25 the system testing. The system testing normally is 46 (Pages 178 - 181) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 47 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 182 1 conducted by the client, which is the one that after 2 he configures the functionality, they execute the 3 processes, according to the test cases, and verifies 4 that that inspector we sold that they wanted in the 5 software is achieved. One, this process is done, 6 then the client -- and this is a mixture between IT 7 and the functional leaders, normally from the client, 8 will -- will promote that to -- to the production 9 environment. 10 What I want to clarify is that Open 11 testing is made in the -- in -- in our development 12 center and the -- in the project the testing is done 13 by the client. Obviously, if during the testing of 14 the client something fails, something is not working 15 properly, Open will step in, diagnose and eventually 16 if it's a sound block or a software error, we will 17 correct it and we will do the same process, be sure 18 that it resolved the issue and then deliver that to 19 the project in which the functional leader from Fort 20 Collins will get that, will test it, and will say, 21 I'm okay, let's promote it to production. 22 Q. Okay. And thanks for -- thank you for 23 that explanation. Now going back to this e-mail that 24 we were on, Exhibit 335, I know you looked at that 25 bottom e-mail. I'm just scrolling up so you get a Page 183 1 chance to look at the rest of it, right above it. 2 A. Okay. Okay. 3 Q. I was going to say, whenever you get to 4 a stopping point, let me know and I'll split it for 5 you here. 6 A. Okay. 7 Q. And, then, again, you weren't on this 8 top one, but if you would like to read it, please go 9 ahead. 10 A. Okay. 11 Q. Okay. Okay. So going to the second 12 e-mail on the chain, which is from Mr. Bishop to you 13 and others, in this first statement that he -- that 14 he makes, do you know who he is referring to as the 15 trainer? 16 A. Yes. It was -- I have it in my head, 17 but now I forgot. 18 Q. That's okay. Let me make it easier for 19 you. Is it -- so was the trainer someone from Open 20 or someone from the City? 21 A. Someone from Open. 22 Q. Okay. And I didn't -- sorry. I should 23 have asked this earlier. That way -- I didn't want 24 you to memorize a name. So just Open or the City. 25 And then he says it was just not the right time or Page 184 1 the right material. Do you understand what Mr. -- do 2 you -- do you have an understanding as to what 3 Mr. Bishop is referring to in that statement? 4 A. From his e-mail, I didn't understood 5 until I talked to him -- 6 Q. Okay. And -- 7 A. -- and we reviewed that. 8 Q. And what did you -- after you spoke to 9 him, what did you understand him to mean? 10 A. Which is something that I was referring 11 in my previous e-mail to him, which was that we 12 conducted technical training that at the beginning 13 could be the first -- or two sessions at most. We 14 had -- we had some, let's say, complaints from the 15 City. 16 What we found was that they were 17 expecting to find right away something to work on, to 18 have some hands-on on the technical side. And as we 19 planned the technical training, we -- we were 20 planning to have, like, two or three sessions of 21 context of theory of how we -- the architectural and 22 then we will get into the -- into the hands-on of the 23 solution. 24 So they complain about that. We move 25 very quickly. And we -- and they also told us that Page 185 1 the person that was training in the field that -- the 2 explanations were not quite as they were expecting, 3 and so we act -- we act very quickly and we -- we 4 make some arrangements in terms of the planning. And 5 even support this trainer and we schedule the 6 technical training. 7 And at the end of the technical 8 training, we have -- we have very good comments 9 about -- from Fort Collins about it. So it was -- it 10 was something that -- that -- an issue that we found 11 in that process, and we -- and we make some 12 adjustments trying to go the way that Fort Collins 13 wanted, which for us we didn't -- we didn't see as a 14 major issue and we change the way we were delivering 15 the technical training and we deliver it. 16 Q. Okay. And how -- 17 A. And that's why when -- when he put it 18 this way, talk to him, he said, yeah, you know, what 19 is that -- for example, it was not the right -- the 20 right time because they were expecting 21 to -- to -- at the beginning to start writing 22 reports, for example. 23 Q. Okay. 24 A. And that was the nature of this issue. 25 Q. Okay. And then the next one he talks 47 (Pages 182 - 185) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 48 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 186 1 about servers and Open. It is -- excuse me -- let me 2 make sure I read this correctly here. It talks about 3 servers -- and then he says, "I do not understand the 4 resistance we are getting on the support. It is 5 always expected that the vendors support the client 6 on setting up the servers and recommending these 7 points during a project. Fort Collins is trying to 8 do this correctly and are just asking for guidance 9 from Open in doing so." 10 Do you know why Open was resisting as 11 Mr. Bishop puts in this e-mail? 12 MR. SWANSON: Objection, form. 13 A. I don't think that we were resisting. 14 I think that at this time he was adjusting to the 15 ways that we -- we worked, and this is one of the 16 things that we had, not once, multiple times, trying 17 to come together with -- with one project manager, 18 like Dwayne, that for me is a very good project 19 manager, but he had to, like to adjust things in 20 order to align to things that we -- the way we do 21 things. 22 And in this case what happened is that 23 it was very clear that all of the infrastructure that 24 was needed to install Open Smartflex -- and when I'm 25 talking infrastructure, I'm talking about servers, Page 187 1 communication channel, what we call, based so far 2 which is the operative system and the databases, all 3 of the things that needed to be in place in order so 4 that Open Smartflex can be installed was the 5 responsibility of Fort Collins. 6 This is because Fort Collins decide -- 7 decided to go on a premise deployment. This means 8 that we will install the software in their 9 infrastructure. Different from a cloud or assessed 10 deployment in which Open provides all of the 11 infrastructure and the client doesn't have to deal 12 with anything of this. 13 So what happened here is that Fort 14 Collins was expecting that we initially installed the 15 servers, installed the Oracle and, as the subject 16 says, "The high level of infrastructure." So our 17 first response, that is Liliana, when she was invited 18 to a meeting -- and in this meeting she was expecting 19 to resolve doubts, as we normally do. So, for 20 example, look, I am -- I am putting some closure 21 around. How -- how many memory do you recommend to 22 allocate to the server -- 23 THE REPORTER: I'm sorry. Putting some 24 closure around? Closure; is that right? For 25 example, look, I am putting some closure around? No? Page 188 1 Okay. 2 THE DEPONENT: (No response.) 3 THE REPORTER: That's fine. I'll just 4 come back to it later. 5 A. Okay. So what I'm trying to say is 6 that when Liliana went to the first meeting that she 7 was invited, what she found was that there were not 8 doubts regarding something that was being done on the 9 City rather than asking her what we do. 10 Please tell us what exactly we need to 11 do. We need to create a server, and these activities 12 normally are activities that the client does. So our 13 pushback initially was, Hey, Dwayne, please be aware 14 and please tell Fort Collins that they need to lead 15 and drive this process, and we are 100 percent on 16 board to support them in any difficulties that they 17 wanted. 18 Dwayne, in our discussion, said okay, 19 is that I thought at that time that they were -- used 20 to have a different approach. I show him in the 21 Statement of Work what the responsibilities were. 22 And he said, Okay, now, I've got it. 23 And what we did at the end was to set 24 the meetings to work with Fort Collins, stepping a 25 little bit far from what we normally did, and drive Page 189 1 him in answering the questions that they needed in 2 order to set up the environment. 3 The other action that was made here on 4 this topic was that initially Rachel was being the 5 one that was leading this, but Rachel was no DBA. So 6 we asked for a better involvement on -- I forget the 7 name of the DBA, but the time in Fort Collins, and 8 this person entered into the discussions and it flow 9 a lot better. 10 MR. SWANSON: Maral, are we coming to a 11 good breaking point? 12 MS. SHOAEI: That's exactly where I was 13 going to go, so yes. 14 MR. SWANSON: Thank you. 15 THE VIDEOGRAPHER: Going off the 16 record. This is the end of Media Number 3. The time 17 is 2:55 p.m. Central. 18 (Recess taken, 2:55 p.m. to 3:09 p.m.) 19 THE VIDEOGRAPHER: We're back on the 20 record. This is the beginning of Media Number 4 in 21 the deposition of Diego Lopez. The time is 3:09 p.m. 22 Central. 23 Q. (BY MS. SHOAEI) Okay. Welcome back, 24 Mr. Lopez. 25 A. Thanks. 48 (Pages 186 - 189) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 49 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 190 1 Q. During the break did you speak to 2 anyone? 3 A. To my lawyers, Paul and Alex. 4 Q. Anyone else? 5 A. No. 6 Q. I want to push a little to August 2019. 7 Are you aware that broadband went live on 8 August 30th, 2019, for the project? 9 A. Yes. 10 Q. Okay. Do you agree that broadband 11 should have gone live on August 30th, 2019? 12 MR. SWANSON: Objection, form. 13 A. I don't -- I don't have the basis to -- 14 to make an adjustment -- a judgment about that. 15 Q. (BY MS. SHOAEI) Who would from Open, do 16 you think, have a basis to make a judgment on whether 17 broadband should have gone live or not? 18 A. I think the -- the core team, the 19 project team, and -- and the project manager. 20 Q. Well, at this time in August of 2019, 21 you were the project manager or was still -- was that 22 Mr. Bishop? 23 A. That was Mr. Bishop. 24 Q. Okay. So Mr. Bishop would have been 25 the person -- would be a person that may have an Page 191 1 opinion. And then you said the core teams, so that's 2 referring to Open; is that right? 3 A. Both. Both were the people, either 4 Fort Collins and -- and Open were the ones that were 5 in the daily basis on the project. 6 Q. Okay. And so maybe I'm getting 7 confused on our -- on our terminology now. Because I 8 thought earlier we defined core. Maybe -- was that 9 supposed to be core level as being the code. So when 10 you're -- in this context, are you talking about -- 11 maybe we should use a different word. Maybe the 12 essential team. Is that who you're talking about? 13 MR. SWANSON: Objection, form. 14 A. Yeah. I'm using the same word to 15 describe two different things. One is the software 16 core, which is the coding, and the other one is 17 the -- let's say the primary team or the team on site 18 that was working on a daily basis in front of the -- 19 of the project and in charge of the project. 20 Q. (BY MS. SHOAEI) Okay. Okay. Do you 21 know whether testing on broadband had been completed 22 by the time it went live on August 30th, 2019? 23 A. No, I don't know. 24 Q. Do you know whether there was 25 outstanding functionalities at the time that Page 192 1 broadband went live in August of 2019? 2 MR. SWANSON: Objection, form. 3 A. No. I was aware that we deliver. I 4 would say that most of the -- the requirements and 5 that Gregory to go-live with only a few of them 6 being -- being -- tending to be -- to be tested or at 7 least seen by Fort Collins. 8 Q. (BY MS. SHOAEI) Okay. So -- but it -- 9 so you did understand that there was -- there were 10 outstanding requirements at the time that broadband 11 went live in August of 2019? 12 MR. SWANSON: Objection, form. 13 A. I remember -- I remember that we went 14 live with 96 point something percent of the 15 functionality, and the other -- the other three 16 point -- I don't know -- I think it was 6 percent -- 17 was some specific requirements that -- that were not 18 critical or even some of them were the scope and 19 others ones were already delivered by the time 20 that -- that we went live. The only thing is that 21 the team didn't have time to -- the Fort Collins team 22 didn't have time to -- to see it. 23 Q. (BY MS. SHOAEI) Okay. So I want to 24 break up a couple of things you said here, and I'll 25 try to hit them in the order you mentioned. You made Page 193 1 a comment about 96.4 percent of the functionalities 2 being delivered. What is your understanding -- what 3 is your understanding of how you -- how you got to 4 that number? 5 MR. SWANSON: Objection, form. 6 A. When I talked to the team, was that 7 they review every single requirement and -- and they 8 made an assessment in which it was already in place, 9 the solution that they had, and that's why they came 10 with that percentage. 11 Q. (BY MS. SHOAEI) And when you say you 12 talked to the team, what team did you speak to, the 13 Open team, the City team? 14 A. Normally -- normally and often, if 15 not -- I think by normal circumstances, I will -- I 16 will talk to the Open team, and I'm referring to 17 Edith, which was a functional lead, and her team, 18 which was the rest of the people, the Diegos, the 19 rest of the Diegos and the engineers. 20 Q. Do you have an understanding on how 21 she, though -- how she obtained that 96.4 percent? 22 A. As I told you, she and the team 23 reviewed all of the requirements. And having all of 24 the processes that have been done until that point -- 25 they -- they -- they come with a percentage of things 49 (Pages 190 - 193) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 50 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 194 1 that they -- they have it in place already, 2 installing the environments at Fort Collins. 3 Q. And did you ever -- I don't want to say 4 check, but maybe that's just the word I'll use. Did 5 you ever check what Ms. Mercado gave you or presented 6 to you? 7 MR. SWANSON: Objection, form. 8 A. No. I don't have -- I don't have the 9 knowledge and the expertise in Open Smartflex to make 10 that kind of assessment. 11 Q. (BY MS. SHOAEI) Do you know if anyone 12 else from Open did? 13 MR. SWANSON: Objection, form. 14 A. I don't know if somebody did that or 15 not. 16 Q. (BY MS. SHOAEI) Have you heard of 17 something called or being referred to as a 90-day 18 punch list on the project? 19 A. No. I -- I don't recall it. 20 Q. Do you recall after broadband went live 21 in August of 2019 there being 90 days for Open to 22 deliver certain other -- other functions or 23 requirements for broadband? 24 MR. SWANSON: Objection, form. 25 A. No, not really. What I do remember is Page 195 1 that when we go live for broadband there were a lot 2 of pending information around the products and around 3 the business processes. 4 So even Fort Collins' team was very 5 frustrated with the broadband because they mentioned 6 it in -- in every meeting that -- that they don't 7 have the information from broadband to configure all 8 of the product catalog and some of the 9 functionalities that were already in place. 10 So when we -- when Fort Collins decided 11 to go-live with a very reduced scope of that product, 12 catalog with the final transition plan, and in that 13 transition plan we -- we define -- and really we 14 didn't -- we even didn't knew at that time what was 15 really missing about, what was pending to be 16 delivered in terms of the product catalog. It was, 17 like, kept, like, confidential. 18 So the commitment that we made is that 19 from our standing point, from the solution that we 20 were responsible to provide. We made this 21 assessment. We -- it was not an assessment done only 22 by Edith, but by the team, not by one individual, but 23 by the whole team. And we committed and we formally 24 committed with the City on the plan to deliver the 25 outstanding three point -- I don't remember Page 196 1 exactly -- 6 percent about it. That was a commitment 2 and that was something that we -- that we did, and I 3 recall because that was in -- even in a minute about 4 the go-live Milestone. 5 And also the commitment there was that 6 during -- we have a time for what we call a 7 stabilization process, in which we normally use to 8 stabilize the box that may be identified in the 9 software. 10 So during these three months what we do 11 from a vendor perspective is to be very near the 12 operation, be very attentive to the situations that 13 are related to the software, and we will try to 14 manage them very quickly in the terms of the -- of 15 the Master Professional Agreement in the -- with the 16 SLAs or the time -- the times of response that we 17 have it and resolve whatever issue was raised by the 18 City. 19 But as we go-live with a small portion 20 of the configuration, Fort Collins committed to doing 21 this during this period of time. They will launch 22 the rest of the product catalog and will configure 23 the pending definition that the processes that were 24 pending to define. That was the commitment that I -- 25 that I remember were discussed, that I discussed with Page 197 1 Dwayne and I -- and I was aware of. 2 Q. (BY MS. SHOAEI) Okay. And so do you 3 know whether Open delivered the three point whatever 4 percent that you're referring to for broadband? 5 A. Yes. 6 Q. Okay. So you're -- okay. So to your 7 understanding, a hundred percent of broadband was 8 delivered by Open -- a hundred percent of the 9 requirements by Open was delivered to the City 10 regarding broadband? 11 A. Yes. 12 Q. Okay. Jumping to December of 2019, I 13 believe this is when Mr. Bishop was leaving as the 14 project manager; is that right? 15 A. Yeah. Yeah. About that time. 16 Q. Okay. And sorry. Originally I got the 17 dates mixed up, which is why I accused you of being 18 the project manager in June of 2019. That's okay. 19 So now we're in December of 2019, 20 Mr. Bishop is leaving as the project manager. Were 21 you worried about him leaving as the project manager? 22 MR. SWANSON: Objection, form. 23 A. I will say no, the normal. Every -- 24 every single project has their challenges and -- and 25 this was another one, but I didn't see a measured -- 50 (Pages 194 - 197) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 51 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 198 1 a measured thing about -- about the situation or the 2 fact that Dwayne was -- was leaving the PM, the 3 project management. 4 Q. (BY MS. SHOAEI) Okay. And you became 5 the project manager on the project when he left; is 6 that right? 7 A. Yeah. 8 Q. Okay. And around the same time, we -- 9 there's -- are there individuals from Vanir that 10 joined the project? Did you -- do you recall that? 11 A. Vanir? 12 Q. Yes. And maybe I'll give you specific 13 names. Maybe you know them better. Do you -- do you 14 recall an individual named Dr. Michelle Frey joining 15 the project? 16 A. Sorry, sorry, sorry. I thought that it 17 was Vanir, like the software provider of the Legacy 18 System, but this is Vanir. Yeah, now I recall it. 19 Q. Okay. So -- 20 MR. SWANSON: For the court reporter, 21 it's V-a-n-i-r. 22 THE DEPONENT: Exactly. 23 MS. SHOAEI: And I called it Vanir for 24 a very long time, until I was corrected that it's 25 Vanir. So -- so you do recall Vanir individuals Page 199 1 joining the project around the same time. 2 A. Really one. Michelle Frey -- 3 Q. (BY MS. SHOAEI) Okay. 4 A. -- is the only one that -- that really 5 interacted and -- and had some communication directly 6 with me. 7 Q. Okay. And while the -- while the -- 8 I'll call it a transition. I think you referred to 9 it as a transition plan earlier. Do -- was 10 Mr. Bishop still involved in the project while you 11 were coming on as project manager? 12 A. Yes. In certain -- in certain things. 13 In providing answers to some of the questions. And 14 supporting me with maybe some documentation that I be 15 needing and this kind of stuff. 16 Q. Speaking of documents that maybe you 17 were asking for, in December of 2019, did you think 18 there was going to be a possibility of dispute with 19 the City on the project? 20 A. No. 21 MR. SWANSON: Form. Did you hear his 22 answer, Maral, or did we freeze? 23 MS. SHOAEI: I think he said "no." 24 But -- since -- now that -- now that you question it, 25 let me just double-check. Page 200 1 Q. (BY MS. SHOAEI) Did you say "no," 2 Mr. Lopez? 3 A. No. No, I didn't think that at that 4 time we were going to get to a dispute. 5 Q. Okay. What I'm trying to show you 6 here -- if I -- if it comes up, and that's what -- 7 I'm having slight difficulties. 8 MS. SHOAEI: Paul, I'm not sure if I 9 showed this to you, so actually let me send it to you 10 really quick so you get a chance. 11 MR. SWANSON: Thank you. 12 MS. SHOAEI: Can we go off the record 13 for a second, please. 14 THE VIDEOGRAPHER: Going off the 15 record. The time is 3:25 p.m. 16 (Recess taken, 3:25 p.m. to 3:28 p.m.) 17 THE VIDEOGRAPHER: Back on the record. 18 The time is 3:28. 19 Q. (BY MS. SHOAEI) Okay. Mr. Lopez, 20 thank you for that break, despite your patience as we 21 took a slight break there. Okay. I want to show you 22 a document here, and we're going to mark this as 23 Exhibit -- 24 THE REPORTER: 336. 25 MS. SHOAEI: Thank you. 336. Page 201 1 (Deposition Exhibit 336 was marked.) 2 Q. (BY MS. SHOAEI) Mr. Lopez, do you see 3 that on your screen right now? 4 A. Yes. 5 Q. Okay. And if you go ahead and ask me 6 for permissions, I'll actually let you have control 7 of this document because it's a fairly long chain. 8 A. Okay. Yes. I may ask for control. 9 Okay. I have it. 10 Q. Okay. Go ahead and take a look at this 11 e-mail chain for me, please. 12 A. Okay. 13 Q. Okay. Sorry. I guess -- are you able 14 to scroll or no? 15 A. Yeah. That I didn't -- I wasn't seeing 16 the scroll bar because I have the camera's window 17 over there. 18 Q. I see what you're saying. And I will 19 tell you, it is an odd e-mail chain because it 20 repeats itself, I think three times, so you'll notice 21 that when you go through this. And if it helps you 22 any, I only plan to ask you about this e-mail right 23 here that you're looking at. 24 A. Okay. 25 Q. Have you been able to go through the 51 (Pages 198 - 201) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 52 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 202 1 document, Mr. Lopez? 2 A. Yes. 3 Q. Okay. And as I mentioned and as I 4 promised, I'm only going to ask you about this e-mail 5 that's in here three times for some reason. I do not 6 know. But dated here from you to Ms. Mercado copying 7 Mr. Nunez and Mr. Contreras dated December 10, 2019. 8 And here the subject line is Project Documentation, 9 correct? 10 A. Yes. 11 Q. Okay. Let me make sure I'm asking you 12 about the right one. I want to ask about this one, 13 the December 8th e-mail. Excuse me. It's from you 14 to Mr. Bishop copying Ms. Mercado, Mr. Nunez and 15 Mr. Contreras. Do you see that? 16 A. Yes, I see it. 17 Q. Okay. And it looks like you're asking 18 him for -- Mr. Bishop for some documents, like you 19 mentioned, on the project. But then you state here, 20 "As you may understand, we need this ASAP as we need 21 to close negotiation by the 20th of December, and we 22 need this week to review the supports that we have 23 and how we stand on a possible dispute with CFC." 24 First, CFC stands for City of Fort Collins; is that 25 right? Page 203 1 A. Yeah. 2 Q. Okay. So what were you referring to 3 here as a possible dispute with CFC on December 8th, 4 2019? 5 A. About that time I really didn't -- to 6 be sincere, I didn't -- I didn't mean any 7 difference that -- to have a discussion, to have 8 something that they will refute or something like 9 that. Not in the context of a legal dispute. 10 Q. Okay. But even as a not legal dispute, 11 let's say, what -- why did you -- maybe scratch that. 12 Even in a nonlegal dispute, why did you 13 think that there may have been -- I don't know -- I'm 14 trying to think of another neutral term for dispute 15 that maybe describes what you're trying to describe 16 here, but maybe a possible discussion with CFC that 17 may have been heated? Is that a fair way to say it? 18 Maybe you were anticipating a heated discussion with 19 Fort Collins? 20 A. No, not heated. In -- in my 21 experience, always this kind of situation leads to 22 discussions. So when you are going -- when you are 23 going to sit down and renegotiate the terms or the 24 deadlines and that will imply a lot more money. 25 And when we talked about money, that Page 204 1 normally caused discussions, a lot of pushbacks from 2 the client or for whoever, from our side, from their 3 side, because it's normal that at that stage we want 4 to -- each part wants to be very careful on the -- on 5 the assumption or on the cost related to this 6 movement that they will assume. 7 So what I was anticipating, as most of 8 the cases happen, is that when you are going to -- 9 talk about a change control, I wanted to be very sure 10 that we have all of the recommendation, the supports 11 all in place so that the discussions were -- were 12 more as mostly -- and we don't have more anything 13 ambiguous or something like that. So that was my -- 14 my request to -- to Dwayne. 15 Q. Okay. But then right above it you're 16 asking him -- basically we need all of the documents, 17 and you list things. "Regarding the project, and 18 especially the ones that support our position on the 19 causes of the delay that we reviewed with you." 20 Why were you especially looking for the 21 documents that support Open's position on the causes 22 of delay if it was just to be a discussion with the 23 City? 24 MR. SWANSON: Objection, form. 25 A. I don't really understand the question. Page 205 1 What do you mean by -- 2 Q. (BY MS. SHOAEI) So -- so you told me 3 that you didn't mean really a dispute. You meant a 4 discussion with the City is what you were asking this 5 for. To support -- correct -- the sentence here that 6 we talked about earlier. 7 MR. SWANSON: Objection. Misstates. 8 Q. (BY MS. SHOAEI) Is that not what you 9 told me, Mr. Lopez, that the possible dispute you 10 were referencing in this e-mail was a possible 11 discussion with the City? 12 MR. SWANSON: Objection. Same 13 objection. 14 A. I -- for every single change control 15 process, which we were -- we were dealing here, we 16 were -- needed to sit down and to understand and 17 present and support the differences and -- and 18 where -- why that delays and why were the causes or 19 the delays. 20 What I was looking here for was for 21 Mr. Dwayne, Mr. Bishop, was to be sure that we have 22 all of the recommendations and that -- and that, as 23 we agreed on the critical factors or causes of the 24 delays, I wanted to be sure that we have all of 25 the -- all of the information. 52 (Pages 202 - 205) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 53 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 206 1 When I -- when I said a possible 2 dispute, I was -- I was talking about the normal, at 3 least what I have experienced in other clients, 4 pushback or at least no client will say, okay, I will 5 send you a check for whatever amount of dollars you 6 are asking for. 7 They normally, because it is their job 8 also, to say okay, and why did you say that. And I 9 was anticipated to that and say, look, here, in 10 this -- by March -- by -- by this date you say this 11 or this was the decision and also because the -- we 12 have Michelle Frey, which was a -- just had a 13 couple of months in the project knowing that, and I 14 had to -- to talk to him and -- talk to her and 15 discuss with her our position. 16 So I wanted to -- to go with Michelle 17 and say, look here in this document, we were saying 18 this, and this was saying this, and explain her all 19 of the things just to make this quicker. 20 Q. (BY MS. SHOAEI) Okay. And speaking of 21 Dr. Frey, she ended up -- I'm just going to take this 22 document down here. She ended up -- you ended up 23 giving her some documents; isn't that right? 24 A. I don't know what documents. 25 Q. Sure. Once -- once she came on for the Page 207 1 project, she asked for some documents is what you're 2 saying; is that right? 3 A. No, no, no, no. 4 MR. SWANSON: Form. 5 A. I was -- I was anticipating that -- 6 that as she hasn't been in the project, she -- she 7 wasn't in -- in the project when most of the delays 8 and the events that caused the delays happened. I 9 anticipated that she will need more than my -- my -- 10 my version of -- of the facts. 11 So I wanted to -- to give her, and 12 through our -- our review of the additional cost and 13 what we were talking about to have the supports that 14 even if she wanted to investigate internally and make 15 her own research, she can do it and eventually come 16 with -- with a position that she can truly say, okay, 17 Diego, I agree with you, this is what we wanted to -- 18 or this is what happened or maybe she will send me 19 something else. 20 But at the end, and hopefully that was 21 the case, the end we agree with Michelle that the 22 delays and the -- and the major cases that we 23 identified and we work with Fort -- with Fort Collins 24 were actually the -- the causes of the delay. 25 Q. Well, that's not exactly true, right, Page 208 1 because shortly after she comes on the project, 2 doesn't Dr. Frey reach out to you and say, you know, 3 based off of the documentation I'm looking at, 4 there's different percentages based off of what you 5 told her and what the documents showed her? 6 MR. SWANSON: Objection, form. 7 Q. (BY MS. SHOAEI) Do you recall that? 8 A. No. What I -- it was a series of 9 events. What I -- what I do recall is we had a 10 meeting with Michelle. I present these numbers to 11 Michelle, she review it, we have a -- we had a 12 meeting with Mona, Lori, Michelle, Lisa, Hernando and 13 myself. 14 And with this e-mail, we review all -- 15 all what mostly I have done with Lori and with 16 Michelle, and we agree on almost everything. The 17 only thing that -- that was pending on this -- after 18 this meeting was that she wanted to be sure on the -- 19 on a doubt that she has on how we calculate two of 20 the percentage that were there. 21 After that meeting we meet -- we met 22 and we reviewed that, we reviewed -- we reviewed the 23 spreadsheet and she told me, at least that -- in that 24 moment she told me, yes, Diego, I now agree. 25 And even she told me, please send a Page 209 1 message to Hernando that I am okay with this but the 2 City is willing to -- to negotiate the -- the amount 3 to have some kind of commercial arrangement that will 4 leave us on a different percentage, but at the end 5 we'll be a commercial matter. So if Open will agree 6 to have some discounts or something like that. 7 For her, at least at the end of this 8 meeting, she told me, I'm okay with the math, I'm 9 okay with -- with what you presented to me. 10 Q. Do you recall when this meetings was 11 that you were just referring to between you and 12 Dr. Frey and the others? 13 A. Exactly, no. It was after the meeting 14 that we had with Lisa and was really just before he 15 went out from the project. Because in that meeting 16 she told me that she was leaving the project and -- 17 and that's why -- that is my -- in my timeline, that 18 is where I put this meeting. 19 Q. Okay. And so this, it sounds like, it 20 probably was a little -- maybe March, April of 2020. 21 Does that sounds right to you? 22 A. I'm not sure really. 23 Q. Okay. And I'll help you out there in a 24 second. But right before -- right before we get 25 there, though, in your experience as either project 53 (Pages 206 - 209) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 54 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 210 1 manager or PMO director, how often does Open 2 renegotiate deadlines and project costs with a 3 customer? 4 MR. SWANSON: Objection, form. 5 A. What do you mean by renegotiate? 6 Q. (BY MS. SHOAEI) So you mentioned that 7 it's always hard for -- to go back to the client or 8 the customer and say, you know, there needs to be 9 more money or something needs to change. So how 10 often, in your experience, has Open had to go back to 11 a customer on a project that is implementing 12 Smartflex to have to discuss potential increases 13 of -- of costs for the project? 14 A. I don't know how to say how often 15 because it's very relative. But I do say that -- I 16 can say that what we have in place is a change 17 control process. And every change on the project 18 needs to be reviewed. 19 And when -- and when somebody from -- 20 one client -- what you can find very often is that 21 the client will need different or additional 22 functionality from the one that was initially 23 contracted. So -- but at the end, not all of the 24 requests of the client end up having more money or 25 adding more money. Page 211 1 Q. I understand. 2 A. Eventually when -- when this change 3 control process lead to an amount of money that that 4 client has to give additional, I don't have -- I 5 haven't seen any client that will -- will sign a 6 change control without having reviewed, 7 understanding, providing us with the estimates and 8 all of that. 9 Q. Right. 10 A. That's what I'm referring to. 11 Q. I understand. And that was a little 12 outside of what I asked you, and so let me try to be 13 very, very pointed in this question. 14 In your experience as project manager 15 and PMO director, how many projects have you worked 16 on that Open has had to renegotiate or just go back 17 to the client for an increase of costs that were due 18 on the project? 19 MR. SWANSON: Objection, form. 20 A. That is very relative, but I -- 21 Q. (BY MS. SHOAEI) I am not trying to ask 22 a relative question. I am very much trying to ask in 23 your experience on how may projects you've worked on. 24 A. I would say -- I will include even 25 $1,000 amount. Page 212 1 Q. Any amount. Any amount that you've had 2 to go back to the client because of an increase in 3 the project costs? 4 A. I would say that more than a half of -- 5 of the -- of the projects has a change control and 6 eventually the change control will -- will require 7 additional -- additional funding. But that is -- 8 sometimes could be a few hundred dollars or can be -- 9 as the amount of Fort Collins, I never have it. 10 In the amount -- in terms of the 11 percentage or the amount in terms of the delay, I 12 haven't had it in my experience in the projects that 13 I was working on. But if you ask me if the project 14 that I have worked on has -- had had change controls 15 that some of them will have some -- some costs for 16 the client, yes. 17 (Deposition Exhibit 337A was marked.) 18 Q. (BY MS. SHOAEI) Okay. I want to go 19 ahead and mark the next document as 337. 20 MS. SHOAEI: And, Paul, that's going to 21 be 32 in the packet I sent you. 22 MR. SWANSON: Thank you. A or B? 23 MS. SHOAEI: A and B because one's 24 Spanish and one is going to be English. But -- so 25 let's start with 32A for you. And this will be -- Page 213 1 for Madam Court Reporter, this will be 337A. 2 Q. (BY MS. SHOAEI) Mr. Lopez, do you see 3 this document here? 4 A. Yes. 5 Q. Okay. Can you take a second and look 6 at this. I don't think it's a lot of words, one 7 page, but I want you to be able to refresh your 8 memory on this. 9 A. Okay. I read it. 10 (Deposition Exhibit 337B was marked.) 11 Q. (BY MS. SHOAEI) And what I'm also 12 going to show you, just like we did earlier, I'll 13 show you a side-by-side English version. And this 14 we'll mark as 337B. Can you see both on your screen 15 right now? 16 A. Yeah. 17 Q. And, unfortunately, the machine 18 translate does not bring in the actual cells of the 19 chart. But I think -- I think the substance is 20 there. 21 A. Okay. I read it. 22 Q. Okay. Is this e-mail dated March 12, 23 2020 -- scratch that. This is an e-mail dated March 24 12, 2020, from you to Mr. Parrott copying Mr. Nunez, 25 correct? 54 (Pages 210 - 213) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 55 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 214 1 A. Yes. 2 Q. Okay. And it's -- the subject is CFC 3 Delay Impact Agreement, right? 4 A. Yes. 5 Q. Okay. And is -- earlier you were 6 saying how you met with Dr. Michelle Frey to discuss 7 the -- to discuss the project. Is this e-mail 8 reflecting the communication or the meeting that you 9 had with Dr. Frey? 10 A. Yes. 11 Q. Okay. So when you put -- in the middle 12 there's three rows or three sets of numbers. The 13 first one -- and I know maybe -- I don't know if this 14 is the correct actual translation, but is it supposed 15 to say reunion agreement? 16 A. No, no. I think -- sorry. The first 17 column it says -- it says that -- like that box, 18 yeah, you can translate that as a reunion agreement, 19 yeah, the first, like, block. 20 Q. Okay. So what did you -- what did you 21 mean here by reunion agreement? 22 A. About the meeting, that it would be a 23 meeting agreement, sorry, to be -- to be more precise 24 in English. I was talking about or why I was 25 referring that this was the numbers that we review in Page 215 1 the meeting with Lisa, with Mona, Lori, Michelle, 2 Hernando and I. And that in the end we were -- we 3 agreed. And some standing points we get the -- we 4 were asked -- Michelle and I were asked to meet up 5 and to review a set of doubts or observations that -- 6 that she had around some of the calculations. 7 Q. Okay. And then the second row or set 8 of numbers is -- states -- you're telling Mr. Parrott 9 and Mr. Nunez that these are proposed by Michelle; is 10 that right? 11 A. Yeah. That was the -- like the 12 proposal that Michelle made from -- as I said, like 13 from a negotiation standing point. No more in terms 14 of the facts. Because as I said in the paragraph, 15 all observations were clarified. All of the doubts 16 that Michelle had, I -- I answered her. 17 And what she said to me at this time, 18 she said, Diego, I'm okay with the math, I'm okay 19 with the dates. Maybe we can -- we can continue 20 arguing about a little date or something like that, 21 but at the end, the substantial agreement or the 22 substantial information and facts I'm okay with it. 23 Now, understanding that we are at that 24 point, my offer or what I anticipated that Fort 25 Collins will try to negotiate with you more in that Page 216 1 commercial standpoint is to leave at 7/30 an event 2 proposal. And I said, that for me -- that was not 3 the task for me. The task was that you were clear on 4 the facts. 5 So she told me, please pass the message 6 to Hernando and please tell Hernando that the City is 7 willing to negotiate with him, to break -- break 8 down the responsibilities in 30 percent and 9 70 percent, but have it in mind that -- that at least 10 all of her -- her doubts on the -- on the dates and 11 on the -- on the calculation were already clarified. 12 For me she was trying to have more like 13 a different negotiation -- an additional negotiation 14 from another standpoint, trying to say she mentioned 15 like, okay, is that we can set that -- we can 16 maybe -- I don't know -- help you on the different -- 17 on the North America market and that will be a 18 commercial value for you, so I need to speak to 19 Hernando. 20 I said, Okay, I will pass this message 21 to Hernando. And from my point of view, I made my 22 duty and I pass that -- this e-mail is saying, 23 Hernando, the ball is in your court. This is what 24 Fort Collins wants. 25 Q. Who else was at that meeting with you Page 217 1 and Dr. Frey? 2 A. We both. 3 Q. Okay. And this -- what you're 4 representing in this e-mail to Mr. Parrott is a 5 potential allocation of costs, correct? 6 MR. SWANSON: Objection, form. 7 A. What -- what we estimated at that time 8 by the planning and information that we have gather 9 and the planning that Michelle Frey had made to 10 the -- for the -- for the go-live of utilities, I 11 received that from -- from her, and I do some -- some 12 estimates, overall estimates, and came with these 13 numbers. 14 Q. (BY MS. SHOAEI) I understand. But 15 this -- what you're -- the distribution is for 16 distribution of the costs to be paid; is that right? 17 MR. SWANSON: Objection, form. 18 A. Is the -- the responsibilities or how 19 we see in terms of the analysis that we made. How 20 the -- at least the -- Open's overall costs will lead 21 to -- or the project costs, whatever we bring to the 22 table, was going to be or potentially distributed. 23 Q. (BY MS. SHOAEI) Okay. This ultimately 24 led -- do you know that there were negotiations in 25 June of 2020 between Open and the City? 55 (Pages 214 - 217) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 56 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 218 1 MR. SWANSON: Objection, form. 2 A. I don't -- I don't remember if 3 specifically what kind of negotiations, but I -- I do 4 recall that Hernando was talking with -- with Fort 5 Collins trying to -- to close the -- what we called 6 at that time Amendment Number 1. 7 Q. (BY MS. SHOAEI) Okay. And that's -- 8 and that's exactly what I was getting to. 9 A. I don't know if it happened in June or 10 before. 11 Q. Okay. And that's fine. But you were 12 aware of a first amendment that was negotiated 13 between Open and the City? 14 A. Yeah. 15 Q. Okay. Do you know the percentage of 16 costs that was split as a result of the first 17 amendment between Open and the City? 18 MR. SWANSON: Objection, form. 19 A. If I recall well Fort Collins 20 acknowledge 55 percent of the -- of the -- of the 21 costs and Open acknowledged 45 percent. But also 22 Fort Collins acknowledged some e-commerce licenses. 23 So at the end I don't know the overall percentage, 24 what it was, but that's what I have in my mind. 25 Q. (BY MS. SHOAEI) Okay. Well, how did -- Page 219 1 were you involved in the negotiations of the 2 55 percent/45 percent? 3 A. Nope. 4 Q. Do you know who was involved? 5 A. For what I was informed, Hernando and 6 eventually Hernando and William. 7 Q. Okay. And do you know how they -- how 8 Open and the City came to that 45/55 split for costs? 9 A. No, no, not for certain. I think that 10 was a conversation that Hernando and William made 11 directly. 12 Q. Okay. Do you know an individual named 13 Rob Ericson from Milestone? 14 A. Rod? 15 Q. Rob Ericson. 16 A. Rob. Sorry. Yeah. 17 Q. Okay. Do you recall what his role was 18 on the project? 19 A. He was the consultant that Milestone 20 brings to the -- brought to the project to work on 21 the extraction and the conversion that the City 22 asked -- asked to provide. 23 Q. And did you have a good relationship 24 with Mr. Ericson? 25 A. Define good. Page 220 1 Q. Did you have any negative experiences 2 with Mr. Ericson? 3 MR. SWANSON: Objection, form. 4 A. I will say that every single person in 5 the project you have very different personalities. 6 He had a strong personality. Very direct, very 7 straightforward, but I could say that he was a person 8 that did his job, and that after he bring the things, 9 his concerns in a certain language, we resolved it, 10 we managed to resolve all the -- all of the problems. 11 So for me, we had discussions in terms 12 of -- he raised her -- her -- or his concerns, 13 several concerns, mostly at the beginning when he 14 started working in the conversion and extraction 15 process. But as -- as soon as we start to -- to 16 align in the way we were working and how we 17 communicate, things start looking and working more 18 smoothly. 19 Q. (BY MS. SHOAEI) And -- but you didn't 20 think he was a fan of Open, did you? 21 MR. SWANSON: Objection, form. 22 A. My perceive of him is that he wasn't a 23 fan of anybody. He was a very strict and very 24 rigorous person. 25 Q. (BY MS. SHOAEI) Okay. But did you Page 221 1 think at one point that he would blame Open for 2 the -- a lot of the problems on the migration on the 3 project? 4 MR. SWANSON: Objection, form. 5 A. I don't know. I think that maybe 6 that's a question to be asked to him, but I don't 7 know -- I don't know how I can infer the question -- 8 that answer. Sorry. 9 (Deposition Exhibit 338 was marked.) 10 Q. (BY MS. SHOAEI) I'm sorry. I'm doing 11 this so I can send your counsel an e-mail that I want 12 to show you. 13 MS. SHOAEI: Paul, you should have 14 received it, but let me know if you haven't. 15 Q. (BY MS. SHOAEI) And while that is 16 arriving, we'll mark this as Exhibit 338. 17 MS. SHOAEI: Paul, did you receive it? 18 MR. SWANSON: Yes, ma'am. Thank you. 19 Q. (BY MS. SHOAEI) Okay. All right. 20 Mr. Lopez, I'm going to show you an e-mail here. And 21 we're in the February 2021 timeframe. And it's a 22 series of e-mails. If you would like to take 23 control, you're welcome to. 24 I'm going to -- and I will tell you 25 where I'm going with -- with this is -- here you go. 56 (Pages 218 - 221) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 57 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 222 1 You tell Ms. Mercado -- or excuse me -- you're 2 telling, I think, Mr. Valadez, "Edith brought it up 3 and I agree. I consider him a volatile person who is 4 not an Open fan who also blame Open and the product 5 for most of the problems on migration. In some cases 6 could be true, but not all. Not sure if he will talk 7 in our favor." 8 So that's -- that is a statement that I 9 am going to ask you about. Feel free to look at the 10 rest of this e-mail if you need context on why you 11 said that. 12 A. Yeah. Let me look into it. Okay. I 13 think that I've got the -- the idea of -- of the 14 whole thread of e-mails. 15 Q. Okay. And so my question earlier to 16 you was: Did you think that Mr. Ericson would blame 17 Open, and you said no. So then why are you 18 telling -- and I believe it's to Mr. Valadez because 19 it looks like it's the only one after which then he 20 responds -- that you consider him a volatile person 21 who is not an Open fan who will also blame Open and 22 the product for most of the problems on migration. 23 In some cases could be true, but not all. 24 A. Because it was -- 25 MR. SWANSON: Objection. Sorry. Page 223 1 Go ahead. 2 A. For me and -- and when this came out 3 that said the people that were going to -- this was a 4 consultant that we will add an opinion over the 5 things that he will get on an interview. And without 6 context, as many of the e-mails that you have seen 7 here without context, you can see a different 8 picture. 9 So I almost -- I discussed this with 10 Edith because I didn't -- for me it was something 11 more -- more to -- from -- to brought to as -- as one 12 of the leaders of Milestone, not as a functional lead 13 but also her position. 14 THE REPORTER: I'm sorry. Hold on, 15 Mr. Lopez. Can you say that again. I didn't hear 16 what you meant -- said -- 17 A. That I bring this matter to Edith as 18 she was an executive of Milestone, and I wanted to -- 19 to know what she thinks about it. And our conclusion 20 was that he -- he's not a person -- and we describe 21 it as volatile. And what this means is that he -- he 22 just -- he just complain of things that, without 23 context, could give a very different impression. 24 So my recommendation was to -- to -- 25 to -- and also sorry to complement the answer, he was Page 224 1 not at the front of all of the things for migration, 2 the person that lead all of the migration process, 3 including extraction in terms of -- from our side was 4 Chithan. 5 So bring somebody that was very critic 6 that didn't have all of the context of events because 7 he was working just in one part of the process. For 8 me it wasn't -- it wasn't fair. And -- and by other 9 means -- saying it differently, Chithan was a person 10 that worked for -- for Milestone, was, I would say, 11 equally straight or -- and note all of the context. 12 And so I was afraid or -- at least what 13 I didn't want is that -- is that he -- he talked 14 about the -- the little things and -- and get -- and 15 somebody could get the wrong conclusion. Rather than 16 Chithan, that he knew all of the responsibilities. 17 I, for example, I was not sure if Rob 18 understood the different responsibilities and the 19 roles, these kinds of things, but Chithan did. So 20 that's why I -- I send this to Jeff saying, Jeff, I 21 think he is not a good person to -- to talk about the 22 migration process, I think that Chithan shall -- 23 shall do it. 24 And when I refer to say an Open file, 25 it's just to -- to refer that he was a critic person, Page 225 1 and that multiple times in our discussion, he had 2 mistakenly or by mistake or -- because he didn't have 3 the whole context of the things. 4 He said this is something that Open 5 should revise. And when we sit down and review them, 6 some of them I didn't conclude with him, but with 7 Chithan -- and Chithan at the end, when I explained 8 to Chithan, Look, Chithan, you've got that 9 responsibility here is from the City the 10 responsibility, we have to provide that. Then we 11 resolve the issue. 12 And I wasn't sure if that message or 13 the discussions regarding some of the concerns that 14 Rob bring up Chithan pass it to Rob. So for me the 15 person to talk about migration was Chithan and Rob 16 was a person that could give a partial view, 17 regardless if it was good or bad. 18 MS. SHOAEI: Okay. That sounds good. 19 Let's go ahead and take a break. Maybe 10 minutes. 20 MR. SWANSON: Sounds good. 21 THE VIDEOGRAPHER: Going off the 22 record. This is the end of Media Number 4. The time 23 is 4:12 p.m. Central. 24 (Recess taken, 4:12 p.m. to 4:29 p.m.) 25 THE VIDEOGRAPHER: We're back on the 57 (Pages 222 - 225) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 58 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 226 1 record. This is the beginning of Media Number 5 in 2 the deposition of Diego Lopez. The time is 4:29 p.m. 3 Central. 4 Q. (BY MS. SHOAEI) Welcome back, 5 Mr. Lopez. 6 A. Thanks. 7 Q. During the break did you speak to 8 anyone? 9 A. To Paul and Alex. 10 Q. Okay. And I assume no one else 11 substantively? 12 A. Nope. 13 (Deposition Exhibit 339 was marked.) 14 Q. (BY MS. SHOAEI) We left off talking 15 about migrations. And so I want to show you the next 16 exhibit. We'll mark this as Exhibit 339. 17 MS. SHOAEI: And, Paul, this is going 18 to be 39 in -- Tab 39 of the documents I sent you. 19 And I'm going to let the record know I got a 20 thumbs-up from Mr. Swanson. 21 Q. (BY MS. SHOAEI) Okay. Mr. Lopez, can 22 you see this document on your screen? 23 A. Yes. 24 Q. Okay. If you want to go ahead and -- 25 I'm happy to give you control of this document for Page 227 1 you to look through and get acquainted with this. 2 A. Okay. 3 Q. Let me know whenever you feel 4 comfortable, and we'll get going. 5 A. Okay. I think that I read it. 6 Q. Okay. So, generally, this is a series 7 of e-mails, it looks like, between Open individuals 8 and Milestone individuals, correct, in February of 9 2021? Excuse me. Between January and February of 10 2021, correct? 11 A. Yes. 12 Q. Okay. I don't think we've spoken about 13 this gentleman before, and if we have, I apologize. 14 But Jairo Huguett, what was his role for Open at this 15 time? 16 A. He was our, say, technical consultant 17 that worked with Chithan in the migration and 18 integration activities. 19 Q. Okay. And here you're discussing a 20 series of issues regarding migration. And I want to 21 go to your e-mail here on the -- February 23rd, 2021. 22 You are e-mailing Mr. Huguett, Chithan and then a 23 series of other people. And you say, "I am a little 24 worried as we committed with FC to finish a migration 25 run that will verify that fixes on most of the Page 228 1 incidents related to migration by this Friday. 2 Please let me know what I can help with so we can 3 guarantee the commitment. 4 "To be clear, I'm expecting we can 5 present next week at the PM meeting on March 1st, the 6 report of the last migration run that includes." 7 And then you list a series of things 8 that -- what it's going to include. And then you 9 say, "This is very important for us," and then you 10 put in parentheticals, "Open, slash, Milestone." 11 "So that FC doesn't continue stating 12 that they don't know the migration status and, worst 13 of all, that they feel we are far to finish. We need 14 to change this view with data, slash, facts." 15 At this time, so as of February 23rd, 16 2021, did you feel like the project was quote/unquote 17 far to finish at all? 18 MR. SWANSON: Objection, form. 19 A. No. 20 Q. (BY MS. SHOAEI) So in your -- in your 21 opinion the -- was it your opinion that the project 22 was close to being finished? 23 MR. SWANSON: Objection, form. 24 A. They're both -- I think that still 25 there were standing activities to be done, mostly by Page 229 1 the City to be resolved. And by that time we were 2 trying to -- to have some commitment from the City in 3 order to -- to have at least a real commitment and 4 finish them up. 5 But it was neither something that it 6 was just -- something to not be concluded or far to 7 be concluded -- or I think that the real answer there 8 is when Fort Collins was committed to resolve the -- 9 the standard things that -- that they had and that 10 will -- will lead us to a -- to a conclusion. At 11 that time I really didn't know. It would depend a 12 hundred percent on Fort Collins. 13 Q. So then how were you going to change 14 this view with data and facts as you state in your 15 e-mail? 16 A. No. The view that I'm trying to change 17 or what I'm talking about there is that it was very 18 clear, the Master Professional Agreement and our 19 discussion of the migration was the responsibility -- 20 at least the extraction and the conversion was a 21 responsibility for Fort Collins and that they will 22 lead there. 23 And we started getting to a lot of 24 discussions because Fort Collins were -- was -- 25 didn't have any control, any site about the migration 58 (Pages 226 - 229) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 59 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 230 1 that people that was working from the City was 2 working in four or five things at a time. So we 3 didn't have -- we didn't have any continuity. 4 So in the discussions when I bring this 5 up and there were -- they still had some doubts 6 around that -- is that okay or the people are telling 7 me that they are doing their job. 8 So what I was trying to bring here is 9 we need to -- we need to -- to bring the concerns 10 that we're having with just -- with just facts with 11 the SAOs, that we have been sending to them, but the 12 miscommunications that we had at that time was -- was 13 very problematic, and we didn't -- we needed 14 really -- that Fort Collins really involved in the 15 process. 16 So what I wanted or what I was trying 17 to say there is I wanted to bring to them our view 18 from what we were seeing from the process. Seeing 19 the problems that were -- sorry -- right now it's 20 raining, and it's -- 21 Q. Oh, thunder. 22 A. -- it's a lot of thunder. So I -- I 23 wasn't hearing anything. But continuing, what I'm 24 saying is my -- my goal here with this meeting is to 25 bring to the -- to the -- to Fort Collins our view Page 231 1 with -- with numbers and facts that we have been 2 trying to do it in that way, but still ambiguity from 3 them, trying to pull, and the real facts there that I 4 wanted to pull out is that the quality of the 5 information that we were pulling out of the -- of the 6 Vanir was very poor. 7 THE REPORTER: You said Vanir was 8 really poor? 9 THE DEPONENT: Yeah. At Vanir. 10 MR. SWANSON: That's with a V. 11 THE REPORTER: Yes. 12 A. And that was the intention about 13 putting together this -- this thing. And also in the 14 beginning all this started because we wanted to 15 have -- to say to Fort Collins, look, this is how we 16 are seeing the migration process. Please provide me 17 feedback or say if you are willing to do that, if you 18 have the resources. 19 We wanted to say we need that. We did 20 that. We need this person, this person, this person, 21 this person. It will be available, because at that 22 time, at least six people that were in the project 23 were doing broadband production, utilities 24 configuration, things for migration and operation of 25 utilities, a bunch of things. And they were not Page 232 1 enough. So that is what I intended with this -- with 2 this request for our -- our team. 3 Q. I'm going to try and -- oh, can you 4 hear me? 5 A. Yeah. 6 Q. Was there a weird delay? I think there 7 might have been a weird delay because I started 8 talking, and then I thought you were done, Mr. Lopez, 9 and then I started talking and then something went 10 over. So I apologize. That was a weird little 11 hiccup. 12 So I just want -- that was a lot of 13 information that you just gave me, and so let me try 14 to break that down into multiple parts. You 15 mentioned that the information that was being pulled 16 from Vanir was poor. Do you have personal knowledge 17 of the information that was being pulled from Vanir, 18 or was that something that you heard from others? 19 A. That was a report that I have -- that I 20 have from them. 21 Q. Okay. And was that the team from 22 Open's team provided you that report? 23 A. The people that were doing the 24 construction. That mostly was Milestone, Chithan and 25 the people that work with Chithan. Page 233 1 Q. Okay. And you just made a 2 differentiation between Milestone and Open. But for 3 the purpose of this project, Milestone and Open 4 were -- 5 A. Okay. 6 Q. -- one and the same; is that fair? 7 MR. SWANSON: Objection, form. 8 A. Yeah. But -- but I want to make the 9 distinction, as I said at the beginning of the 10 deposition, the activities that we were doing through 11 Milestone regarding extraction and conversion was the 12 responsibility of the City. That we, through an 13 agreement, agreed to provide resources so that they 14 can -- they can lead this project and pick it up. 15 Q. (BY MS. SHOAEI) I understand. 16 A. That was the distinction that I wanted 17 to make. 18 Q. I understand. But the report that you 19 were receiving as to whether the quality of the 20 information from Vanir was poor was from Milestone, 21 correct? 22 A. From the people, yeah, that were 23 working in construction. 24 Q. Then you talk about the people from the 25 City. Well, let me first ask. You say "a report." 59 (Pages 230 - 233) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 60 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 234 1 Was that a written report given to you or a verbal 2 report? 3 A. I don't recall. For sure it was 4 verbal, but I don't recall having -- for sure this 5 should be written records about that, but I don't 6 recall exactly. 7 Q. You mentioned a number of -- how a 8 number of City individuals were working on four or 9 five different things. Can you give me some examples 10 of those people that you're talking about? 11 A. Yes. For example, Tracy, the person 12 that was designated by the City to work on billing, 13 she was -- we needed somebody from billing. Billing 14 is that principal -- I will not say core -- the 15 principal process, and she was. 16 Q. Anyone else? 17 A. No, just to -- just to finish my 18 example. Tracy was -- just to put an example, Tracy 19 was doing the billing for -- participating in the 20 billing of broadband. At the same time she was -- 21 she was doing -- or she had assigned tasks on the 22 project to configure tasks and define things on 23 utilities. 24 Also, she was doing the billing on 25 the -- on the current, but at that time system for Page 235 1 utilities. And -- and by day three, I had to add 2 that the implementation tasks that she was doing for 3 utilities divided in testing, she ws doing testing, 4 she was doing configuration, she was doing -- and she 5 was doing -- adjusting test cases. 6 And this example, I can say I can 7 relate it to -- to Mona, to Golee -- 8 THE REPORTER: Golee? 9 THE DEPONENT: Golee, G-o-l-e-e. 10 A. -- and the different processes. So I 11 don't recall that -- the rest of the names on the 12 team in Fort Collins, but it was just a general 13 situation happening on Fort Collins' team. 14 Q. (BY MS. SHOAEI) For Tracy, did you 15 know -- did you have firsthand knowledge of all of 16 these other things she was doing or did you hear that 17 from someone else? 18 A. I discussed it with Fort Collins. 19 Q. Who did you speak with or who did you 20 discuss it with at Fort Collins? 21 A. This was bring up by Edith and the 22 team, and I discussed it first with Andrew, Andrew 23 Amato. That was the person at that time that was a 24 PM. I also discuss it then because I didn't have 25 any -- any true resolution or something concrete. Page 236 1 Andrew was a person that didn't have a 2 position to decide upon -- upon Fort Collins team. I 3 escalated to Coy. Coy had a little bit more power, 4 but at the end they -- what he told me is Diego, I 5 don't -- I am asking for -- for more resources, but I 6 don't -- I don't have any other things to say. 7 And finally we discussed it in the 8 steering committees where -- where I don't know -- I 9 cannot -- I cannot say for sure exactly who were at 10 those sessions, but normally it was Teresa, Kevin 11 Wilkins and Travis from Fort Collins. 12 Q. And you said that that was at steering 13 committee meetings, correct? 14 A. Yeah, yeah. 15 THE VIDEOGRAPHER: Mr. Lopez, can you 16 adjust your microphone a little closer. Thank you. 17 THE DEPONENT: Okay. 18 Q. (BY MS. SHOAEI) We -- you raised 19 issues with the -- as you just mentioned, you raised 20 issues with the City's resources to the City, 21 correct? 22 A. Yeah. 23 Q. Okay. When you would raise an issue -- 24 and if the City could not provide a resource on its 25 side, would it agree to pay Open to have resources Page 237 1 from Open's side to assist on the project? 2 MR. SWANSON: Objection, form. 3 A. From the cases that I knew only 4 happening in a few cases. 5 Q. (BY MS. SHOAEI) Okay. But you do know 6 that the City did pay Open for certain resources when 7 it could not provide it itself, correct? 8 MR. SWANSON: Objection, form. 9 A. A few, but not all of the ones that 10 they needed. 11 Q. (BY MS. SHOAEI) Okay. And you say 12 "they needed." That is up -- based off of your 13 understanding of what they needed? 14 A. On the discussions of planning and the 15 understanding that we both had -- and when I say 16 "both," Fort Collins and I had, were the activities 17 that were pending to be done on each side. 18 THE REPORTER: On the what side? 19 Initial side? 20 THE DEPONENT: Each side. On Fort 21 Collins and Open side. 22 Q. (BY MS. SHOAEI) You brought up Andrew 23 Amato, and I think we spoke about him maybe a little 24 bit earlier when we were talking about Dr. Frey, but 25 Amato was with Vanir as well, correct? 60 (Pages 234 - 237) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 61 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 238 1 A. I think so. 2 Q. Okay. And then at some point Vanir 3 transitioned out of the project, correct? 4 A. Who transitioned out? 5 Q. Vanir. So Dr. Frey and Andrew Amato. 6 They transitioned out. Do you recall that? 7 A. Yes. As -- as Michelle leave the 8 project, then Andrew came to the project. 9 Q. Correct. And then with -- after 10 Mr. Amato, TMG took -- there was a transition with 11 TMG. Do you recall that? 12 A. Yes. 13 Q. Okay. And do -- do you recall Aaron 14 McClune from TMG becoming the project manager? 15 A. Yes. We met a couple of times. But 16 yeah, we -- I meet him. 17 Q. And at that point you were no longer 18 the project manager on behalf of Open; isn't that 19 right? 20 MR. SWANSON: Objection, form. 21 A. At that time -- so I will -- it did 22 happen. I was in the project until beginning of -- 23 of 2020. I was a project manager when -- when TMG 24 made the assessment. And I think that by the time 25 this was delivered and all of that, that I recall Page 239 1 with that they were going -- we had a plan around the 2 activities that -- that were going to be held, and we 3 needed to wait on the activities, and then where we 4 decide to -- these activities will continue, then I 5 will step out and Jairo Contreras will -- will 6 continue with these -- with these activities. 7 Q. Okay. And I'm going to fix a date that 8 you said. I think you said early 2020. I think you 9 mean early 2021. Does that sound right? 10 A. Yeah. Sorry. 11 Q. That's okay. And so you were the 12 project manager on behalf of Open until 2021, 13 correct? 14 A. Yes. 15 Q. Okay. And then Mr. Contreras became 16 the project manager, correct? 17 A. Yes. 18 Q. Okay. And you reverted back to 19 becoming the PMO director. I believe that's what we 20 discussed earlier. 21 A. Yeah. 22 Q. Okay. You mentioned that TMG provided 23 an assessment. Did you review the assessment that 24 TMG provided? 25 A. I was in the meeting where they Page 240 1 presented the results, and that was the information 2 that I got from the -- from that assessment. 3 Q. Okay. Kind of give me a little bit 4 more detail about this meeting. What did -- what was 5 told to you during that meeting? 6 A. This meeting had like -- like the 7 findings of the -- of the -- of the assessment, like 8 the conclusions of the interviews, the, let's say 9 graph that -- the -- like the perceptions, the 10 questions -- 11 THE REPORTER: I'm sorry. The graph? 12 I'm sorry. The graph what? 13 THE DEPONENT: And the perceptions 14 that -- that Greg from TMG got from -- from the 15 different information he got from the interviews and 16 from the data he recollected. He -- I recall that he 17 talked some standing points, some of the things that 18 I recall was that at that time was very -- at least 19 Fort Collins was starting to discuss was that the 20 product existed and worked and -- and that definitely 21 it was -- it was a lot of work to do, and we needed 22 to, at the end, my conclusion, at least what I 23 perceived from TMG's presentation is that he 24 offered -- they offered several alternatives of 25 going -- going on. Page 241 1 Some of them, the first ones was to 2 continue setting up a plan to finish the standing 3 work and bring in utilities together. There were 4 other options, not continuing with Open and 5 contracting a new vendor. Every different ones. 6 But I do remember that -- the word like 7 this kind of conclusions around it. And I think that 8 that will be what I can recall about them -- remember 9 about that. 10 Q. (BY MS. SHOAEI) Okay. And then did 11 you have -- did you have any discussions with anyone 12 from Open after that meeting regarding TMG's -- what 13 TMG told you? 14 A. Surely. I don't recall specifically 15 one, but for sure it was something that -- that we 16 were talking about in every -- because in every -- 17 because in every -- whenever we talk about Fort 18 Collins we were -- we were needed to talk about this 19 assessment because this assessment was like the -- at 20 least for me, was something that the City contracted 21 and well liked and will show how to address the -- 22 the critical things. 23 So we were talking about -- we were 24 talking about the possibilities, and we were at a 25 point where -- where we were expecting Fort Collins 61 (Pages 238 - 241) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 62 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 242 1 to -- to -- to work on the things that were founded. 2 Q. And there were things that were 3 identified for Open to do in this assessment. And 4 did you have discussions with people at Open -- other 5 people at Open on the things that Open needed to do? 6 MR. SWANSON: Objection, form. 7 A. I don't really recall specifically 8 something very critical that we needed to do really, 9 but . . . 10 Q. (BY MS. SHOAEI) How did these 11 discussions happen between you and others at Open? 12 Were they in person? Over the phone? Through 13 e-mails? How did the discussions happen? 14 A. I think that it will be all of them. 15 In our follow-up internal meetings, we will talk 16 about that. And surely we should -- we eventually we 17 sent some e-mails talking about that. 18 Q. Okay. Eventually we get into spring of 19 2021. And are you aware that there were negotiations 20 between Open and the City around May of 2021 21 regarding the project? 22 A. Yeah. I knew that Hernando was talking 23 with Travis, with Kevin, trying to -- to get this at 24 the highest level possible, trying to come with -- 25 with something that -- that makes sense for both of Page 243 1 us, for Fort Collins and for us. 2 Q. Did you have any personal involvement 3 in these discussions? 4 A. Not that I recall. 5 Q. Okay. So anything you heard about the 6 discussions between Open and the City around this 7 time was through someone else; is that fair? 8 A. Yes. Yes. 9 Q. And was it through Hernando? 10 A. Mostly. We also had meetings -- I also 11 had meetings with -- with William. We said, 12 according to the importance of the project for us, we 13 set daily meetings with our top executives since I 14 will -- late 2020, at the beginning of 2021 just to 15 address every single thing. 16 So in these meetings we talked about -- 17 every single day we talked about -- with William and 18 Hernando at least, but also with that product 19 development trying to grow all of our effort to -- to 20 see how we can resolve -- move the project and move 21 what we needed from Fort Collins. 22 So this, I'm saying it, because in 23 there we didn't -- also commented about things that 24 they were discussing around -- around -- with the 25 City. Page 244 1 Q. Did you understand Mr. William -- and 2 let me just clarify. When you're saying William, 3 you're referring to William Corredor; is that 4 correct? 5 A. Yeah, William Corredor. 6 Q. Okay. Did you understand Mr. Corredor 7 to be the lead negotiator with the City in May of 8 2021 on behalf of Open? 9 MR. SWANSON: Objection, form. 10 A. No, I'm not sure about that. 11 Q. (BY MS. SHOAEI) Okay. So it could -- 12 or it could have been him or Mr. Parrott; is that 13 fair? 14 MR. SWANSON: Objection, form. 15 A. I really don't know the -- at that 16 level, they really communicated to me the overall 17 results, the things that I -- that I needed to know, 18 and the details who was leading or who was doing what 19 I wasn't aware of. 20 Q. (BY MS. SHOAEI) You did mention, 21 though, that you were having daily meetings and that 22 Mr. Corredor was attending these daily meetings 23 beginning in 2020; is that what you said? 24 MR. SWANSON: Objection. Misstates. 25 Q. (BY MS. SHOAEI) Well, I'm asking is Page 245 1 that what you said. So if I am mistaken, please 2 correct me. But did you say you were having daily 3 meetings beginning in 2020 to 2021? Is that correct? 4 A. I may be mistaken maybe with the dates. 5 Not -- just to -- but at the end of the project or at 6 the final stages of the project at least when -- and 7 mostly when Jairo step in, so I would say that for 8 sure it was at the final stage of the project 9 these -- these meetings were -- were held. And . . . 10 Q. Okay. And so -- okay. So when these 11 daily meetings were occurring, was Mr. Corredor 12 attending these daily meetings? 13 A. Yeah. 14 Q. Okay. And so was Mr. Parrott? 15 A. Yeah. Also. 16 Q. Okay. In May, slash, June of 2021 when 17 these negotiations were happening between Open and 18 the City, do you know if Open had delivered all of 19 the functionalities that was required under the MPSA 20 for utilities? 21 MR. SWANSON: Objection, form. 22 A. From my perspective -- and we -- we 23 deliver all of the functionality for the -- for the 24 system testing, our system acceptance that we were -- 25 that we were executing by the end of 2020, early 62 (Pages 242 - 245) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 63 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 246 1 2021. 2 Q. (BY MS. SHOAEI) Okay. And so why are 3 you -- why are you making the differentiation from 4 what I'm asking and for what you're -- what is the 5 difference from what I asked and what you stated? 6 I asked about functionalities and you 7 said that you -- that you delivered a hundred percent 8 of the system acceptance. So tell me what -- tell me 9 what you understand the difference between what I 10 asked and what you stated to me. 11 A. That my answer is what I really know. 12 So -- so the other thing is could be -- could be -- 13 could be inferred, but I -- what I was -- when we 14 were doing system testing -- 15 THE REPORTER: To be in fear? 16 THE DEPONENT: Sorry. 17 THE REPORTER: You said could be 18 inferior? 19 THE DEPONENT: No. To be -- let me 20 change that word. To be deducted from what I knew. 21 MR. SWANSON: Inferred. 22 THE DEPONENT: Inferred. Sorry. 23 A. So that's why I -- I prefer to answer 24 what I really -- really know. 25 Q. (BY MS. SHOAEI) Okay. So you don't Page 247 1 know whether all of the functionalities that were 2 required under the MPSA for utilities, whether or not 3 they had been delivered on the project? 4 A. No, I don't know. With our system 5 testing, we were -- we already had all of the 6 functionality. Obviously, without the ones that were 7 descoped but our -- our -- our analysis and review 8 and view of all of the functional matrix was that we 9 already have all of that software in place. 10 Q. Did you ever find -- while you were 11 working on the project, did you ever understand that 12 the City was frustrated with the project? 13 MR. SWANSON: Objection, form. 14 A. What do you mean by "frustrated"? 15 Q. (BY MS. SHOAEI) Upset. Let's say that. 16 Did you ever find that the City was upset with Open 17 during the course of the project? 18 MR. SWANSON: Objection, form. 19 A. I cannot speak for the City. I can 20 tell from the people that I discussed or -- or talked 21 about. And we -- from Andrew Amato and Coy, I -- he 22 told me that in some specific moments or in 23 meetings -- or in a couple of meetings, that he was 24 fearing that the people was tired, that they seem -- 25 they were starting to feel like the project from Page 248 1 their perspective, the project was an ongoing effort 2 and that they feel like the -- mostly tired. 3 So we have these discussions because -- 4 what I recall this specifically because we were 5 talking about the plan for December, and I recall 6 that -- that a proposal that we were discussing was 7 that the team get, the week of the 24th to the 31st 8 of December, we paused the project so the team can 9 get an annular -- can be with their families, can -- 10 can -- yeah, have like a -- retake energy. 11 And in that moment was the moment 12 where -- where I was informed that teams were, at 13 least from Fort Collins, they feel they were tired. 14 And, obviously, it was something that -- that was not 15 so -- 16 THE REPORTER: They felt that they were 17 tired? They felt they were tired? 18 THE DEPONENT: Tired. Tired, yeah. 19 A. It was something that you could imagine 20 because these people were doing a lot of things at 21 the same time and going from one point to another on 22 the things that -- that -- that it was needed from 23 the City. 24 Q. (BY MS. SHOAEI) Okay. One of the 25 topics during the course of the project was regarding Page 249 1 wrapped codes. Do you remember that? 2 A. Yeah, I remember. 3 Q. Okay. And do you recall you 4 acknowledging that wrapped codes -- wrapped source 5 code was a problem for the City on the project? 6 MR. SWANSON: Objection. 7 A. No. 8 Q. (BY MS. SHOAEI) You don't recall ever 9 acknowledging that the wrapped source code was a 10 problem? 11 MR. SWANSON: Objection, form. 12 A. Every time -- this was not written one 13 time. And this was one of the biggest problems that 14 we have, at least that I experienced with Fort 15 Collins was that they were very ambiguous on the 16 issues that they raised. And the wrapped code was 17 one. 18 When -- when they first bring this to 19 me, the technical people, Liliana Ramirez's team 20 brought this up to me and said, Look, Fort Collins is 21 saying this. 22 And the first question that I ask is 23 please ask why is really the problem about that. We 24 end up like going and coming like for weeks until I 25 think that it was in a meeting we sit down, and I say 63 (Pages 246 - 249) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 64 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 250 1 what is the real problem about having that wrapped 2 code. 3 And -- and nobody from the City was 4 able to -- to tell me specifically the problem is 5 that, X, Y and Z. They only stay with that 6 statement, it's very problematic and we need to 7 unwrap the code. 8 So we made a meeting -- I don't 9 remember exactly where -- that we -- we revised that 10 topic after TMG assessment. And in this meeting that 11 was prior -- the TMG assessment. At the end we 12 understood, at least, that their concern was that 13 they wanted to assist Open in resolving problems. 14 And the way they wanted to assist us in resolving any 15 issue was that they can enter to the code and try to 16 make the diagnosis around it. 17 And -- and for me and for us it was 18 very -- that wasn't a major issue because we haven't 19 had any major delay on resolving issues. But, 20 regardless, what we agree with them at that time was, 21 okay, if you feel that you need or you want to help 22 us or you want to -- because I don't know -- you have 23 enough time just to -- or whatever you need to -- 24 just put a SAO or a ticket or a request, a formal 25 request, saying, Hey, I need to review this and we Page 251 1 will -- we'll unwrap the code and we'll send it to 2 them. 3 We do that for a couple of times, never 4 after that we receive another request. And for us 5 the problem was -- the problem -- at least the 6 concern from Fort Collins was resolved. 7 Eventually after TMG -- TMG assessment, 8 Greg brought this up again and we did like four or 9 five meetings to address this topic plus other ones, 10 and the conclusion was the same. 11 Even, also, we -- we talked about that 12 this is something that shouldn't affect anything 13 from -- from the City. What we learned from there -- 14 from all of that is that they were very used to 15 Vanir -- not Banner, but Vanir, the Legacy System, 16 where the code was open. 17 And as IT was able to get into the code 18 and change whatever they wanted, they -- at the 19 project they feel frustrated because they wanted to 20 do that, but that is very, very dangerous for -- 21 for -- for a solution because then if -- just for any 22 means somebody is able to change something in the 23 code and something happens or is not working 24 properly, our support team will not be able to 25 diagnose it. Or even worse, we could have an update, Page 252 1 an update and update whatever they did. And that is 2 something that will -- is a bad practice and all of 3 that. 4 So we explained it to them. And for me 5 from this moment to now, I really didn't understand 6 what was the real implication of having that wrapped 7 code, even from that slight problem that we 8 understood, we provide them an alternative solution 9 that they used for a couple of times, they may 10 recall, or it was reported about and then -- and then 11 it's, for me, it was not more -- I didn't hear about 12 it anymore. 13 Q. (BY MS. SHOAEI) Okay. And another 14 issue that the City brought up to you personally was 15 regarding partitioning of Smartflex. Do you recall 16 that? 17 A. Yeah. 18 MR. SWANSON: Objection, form. 19 Q. (BY MS. SHOAEI) Okay. And what did 20 you understand the City's concern to be about the 21 partitioning? 22 A. This is -- this is a very technical 23 issue. I really have got to involve the experts just 24 to understand it. But the issue that -- that Fort 25 Collins raised is that -- at least how I understand Page 253 1 it or understood it, was that they expected or 2 thought that the way partitioning should work in Open 3 Smartflex was not the way that Open Smartflex used 4 it. So they expected that the partitioning 5 functionality was something that they could -- 6 THE REPORTER: I'm sorry. The 7 partition? 8 THE DEPONENT: The partitioning. 9 THE REPORTER: Okay. Thank you. 10 A. Functionality. It was something that 11 they -- that could be set up through month, but Open 12 have it differently. Open -- Open have it to 13 configure -- 14 THE REPORTER: I'm sorry. Set up 15 through who? 16 THE DEPONENT: Monthly. 17 THE REPORTER: Oh, monthly. Okay. 18 Thanks. 19 Q. (BY MS. SHOAEI) And I think you 20 just -- 21 A. And Open -- 22 Q. Oh, sorry. Go ahead. 23 A. And Open have it differently. That's 24 what -- that's what the concerns were raised to me 25 and the discussions around it. 64 (Pages 250 - 253) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 65 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 254 1 Q. I think you mentioned an expert in your 2 statement there. Who was the expert that you're 3 referring to? 4 A. Several experts were -- 5 Q. Who -- can you give me an example? 6 A. They were -- yeah. For example, from 7 our side was Gustavo Mina at that time was our 8 technology director at the development center. Also 9 Liliana Ramirez. She understands a lot of databases 10 and all of that. Chithan also was involved in this. 11 And from the City still hasn't remembered the name of 12 the DBA who participated in those discussions. 13 Q. Ultimately, Open and the City stopped 14 working together on the project. And you understand 15 that the City initiated a lawsuit against Open in 16 Colorado, correct? 17 A. I was told -- 18 Q. Okay. 19 A. -- that eventually -- I don't remember 20 when -- that Fort Collins started a lawsuit. 21 Q. Okay. Since the lawsuit began -- and 22 I'll represent to you it began on July 2nd of 2020 -- 23 that's when -- that's when the City filed the 24 lawsuit. Let me say it that way. So since July 2nd 25 of 2020, have you personally worked on any other Page 255 1 projects for Open pertaining to Smartflex? 2 MR. SWANSON: Objection, form. 3 A. Implementation projects or -- 4 Q. (BY MS. SHOAEI) Yes. 5 A. I work as a PMO and -- 6 Q. Sure. You're right. That's a fair 7 distinction. As an implementation -- have you worked 8 on any other projects regarding the implementation of 9 Smartflex since July 2nd, 2021? 10 A. Let me clarify -- 11 Q. 2021. 12 A. I went by June, beginning of June, I 13 had -- I don't know how I said it in English or, you 14 know, a parental leave, I think that is called. My 15 baby -- 16 THE REPORTER: Say that again. I'm 17 sorry. 18 THE DEPONENT: Parental leave. 19 Q. (BY MS. SHOAEI) Oh, paternity leave. 20 I understand. 21 A. Paternity leave. 22 Q. You had a child. Is that what you're 23 trying to say? 24 A. I had a child. She was born June 10th, 25 so I leave like a week earlier. And from June 10 I Page 256 1 was like six weeks or more -- or more. I think that 2 mid-August, the end of August, I was out of the -- I 3 was -- I take my parental -- or parent leave, and 4 then I took some vacations because I wanted to stay 5 with the baby as much as possible, and I return in, 6 if I recall well, the beginning of September. And 7 from that point on I have been working catching up 8 on -- on the PMO duties that I leave for this time. 9 And to answer your question, this is 10 still the -- I -- I have been working through 11 projects from the PMO. And what this means is that I 12 have doing the activities that I'm doing as the PMO 13 on the current projects that we had from that time 14 until now. 15 Q. Okay. And since -- first of all, 16 congratulations on your child. Second, when -- since 17 you've returned in your PMO director role, have you 18 worked on projects on behalf of Open implementing 19 Smartflex for companies in the United States? 20 MR. SWANSON: Objection, form. 21 A. Can you please define work? It's 22 very -- or specify. What do you mean by work? 23 Q. (BY MS. SHOAEI) Sure. This is right 24 when we -- we started with this discussion, so we 25 had this -- we already had this back and forth, Page 257 1 Mr. Lopez. 2 Have you been involved in projects -- 3 let me just even make it broader for you. 4 Do you know of whether Open has 5 implemented Smartflex for U.S. companies since 6 July 2nd of 2021? 7 MR. SWANSON: Objection, form. 8 A. Yes. We have been working in a project 9 on another client in the United States. 10 Q. (BY MS. SHOAEI) What client? 11 A. What? 12 Q. What is the name of that client? 13 A. If there is no problem to provide it, 14 it is Tualatin Valley and Fresh Water -- Fresh Water. 15 I think that is the whole name. There are two 16 companies, Tualatin Valley and Fresh Water. 17 Q. I believe Mr. Swanson will know better 18 than I do, but I believe it might be like the water 19 district or water source district. I think is that 20 what you're referring to? 21 MR. SWANSON: Do you want me to clarify 22 or -- 23 MS. SHOAEI: Please do. Just so the 24 record is clear on who we're talking about. 25 MR. SWANSON: I think it's Tualatin 65 (Pages 254 - 257) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 66 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 258 1 Valley Water District and Clean Water Services. 2 MS. SHOAEI: Thank you. 3 Q. (BY MS. SHOAEI) And so do you know on 4 whether either of these two -- this project or these 5 two companies, was Milestone also involved? 6 A. I think -- no, not really. I'm not -- 7 I'm not sure. 8 Q. (BY MS. SHOAEI) Okay. Do you know if 9 AAC -- do you know a company called AAC? 10 A. Yeah. 11 Q. Was AAC involved? 12 A. Yes. 13 Q. Okay. And what -- to the extent you 14 know, what did AAC do for Open -- or on behalf of 15 Open with respect to Tualatin -- I can't say that 16 word for the life of me -- Tualatin Valley Water 17 District and the other water district that 18 Mr. Swanson mentioned? 19 MR. SWANSON: Objection, form. 20 A. As I understand it, they were the 21 consultants hired by these two companies to pull 22 together the project, RFP, and to make the process of 23 selecting and also providing the project management 24 and other services that I don't recall right now 25 and -- through the project. Page 259 1 Q. (BY MS. SHOAEI) Okay. And just so I 2 made sure I understood you correctly. Your 3 understanding is that these -- these companies hired 4 AAC; is that right? 5 A. Yes. 6 Q. Okay. And other than these two 7 companies, are you aware of Open implementing 8 Smartflex for any other U.S. company since July 2nd 9 of 2021? 10 A. No. I'm not aware of any other one. 11 Q. Okay. And we mentioned AAC. Have you 12 had any communications with AAC regarding this 13 lawsuit between Open and the City? 14 A. I -- I don't know. And I myself 15 haven't had any communication with them regarding the 16 lawsuit. 17 Q. Okay. Okay. And that's what I was 18 asking. I was asking if you have had any 19 communications -- 20 A. No. 21 Q. And did you ever speak with AAC about 22 whether -- what work they did with the City on the 23 project? 24 A. We have -- we had or I participated in 25 some of the meetings prior to starting the project Page 260 1 and to sign the agreement and to clarify questions 2 like the workshops and also to clarify some of the 3 things that we were going to provide and all of that, 4 setting up the documentation. 5 And that's why I know that they were 6 going to provide the project management, and I don't 7 recall -- I think that there were other services, but 8 I really don't know for sure if at the end they -- 9 they ended up providing the services to Tualatin and 10 Fresh Water. 11 Q. Okay. And so you're -- you're 12 discussing AAC's work on Tualatin. And I asked you 13 to clarify. I was asking you a slightly different 14 question. Do you know whether AAC was -- did anyone 15 at AAC ever tell you about its prior work on the City 16 of Fort Collins' Request for Proposal? 17 A. From AAC, no. 18 Q. Do you know whether Open still has an 19 active partnership with Milestone today? 20 A. I don't -- I don't know for sure. 21 Q. Do you know of whether Open and 22 Milestone submitted any additional proposals -- or 23 excuse me -- additional proposals in response to 24 offers or -- scratch that. 25 Do you know whether Open and Milestone Page 261 1 have submitted any proposals on any other projects 2 since the City of Fort Collins? 3 A. I don't have that information. I don't 4 know. I was away for almost three months, and I -- 5 after that I don't recall. 6 Q. And for this I did mean a slightly 7 different timeline. Is whether since 2018 do you 8 know whether Milestone and Open have submitted a 9 proposal on other projects? 10 A. Yeah. I don't exactly know how many 11 and which ones, but I do recall that by 2018 we 12 were -- we were working on several offers, and some 13 of them involved Milestone. 14 Q. And any of the ones that involved 15 Milestone, are you aware of whether Open entered into 16 an agreement on those projects? 17 A. No, I'm not aware of the agreement. 18 Q. Do you -- earlier you mentioned how 19 Open bought Milestone's portal. Do you know whether 20 Open used that same portal for Tualatin? 21 A. Yes. We don't have any other -- we 22 didn't have any other portal. So what we have -- 23 exactly what we provided to Fort Collins is what -- 24 is what we are offering to all of our clients, and by 25 definition, it will be -- it will be the same at 66 (Pages 258 - 261) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 67 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 Page 262 1 Tualatin. 2 Q. And I know you mentioned -- but do you 3 know if Open pays Milestone a royalty payment for the 4 portal? 5 MR. SWANSON: Objection, form. 6 A. If -- if there was a royalty? Sorry? 7 Q. (BY MS. SHOAEI) Royalty payment. So 8 as in if -- do you know if Open pays Milestone 9 certain amounts in certain increments for the portal? 10 MR. SWANSON: Objection, form. 11 A. I know that we have an agreement, but I 12 don't know exactly what is the form and if there were 13 some royalties or it was payment or a monthly fee. I 14 don't know the -- the exact conditions of this 15 payment. 16 Q. (BY MS. SHOAEI) Okay. And I think I 17 already asked you this, but did you -- do you recall 18 when Open provided the final version of the portal to 19 the City on the project? 20 A. Not exactly -- not an exact date. It 21 was early 2019. 22 Q. Okay. And early, do you mean January, 23 February? I'm trying to understand -- I guess let me 24 ask you this: What do you mean by early 2019? 25 A. February, maybe March. Page 263 1 MS. SHOAEI: Okay. Mr. Lopez, subject 2 to any questions that Mr. Swanson has for you, I have 3 no further questions for you at this time. Thank you 4 very much for your time today. 5 THE DEPONENT: Thanks for your time 6 also. 7 MR. SWANSON: No questions from us. So 8 you are all done, Mr. Lopez. Thank you very much. 9 THE VIDEOGRAPHER: Going off the record 10 at 5:30 p.m. Central Time. And this concludes 11 today's testimony given by Diego Lopez. The total 12 number of media units used was five and will be 13 retained by Veritext Legal Solutions. Thank you all, 14 and please stay on the line for any spellings or 15 orders the reporter might still have. 16 THE REPORTER: Do you both want a copy 17 of the transcript again? 18 MR. SWANSON: Yes, please. A rough and 19 then our normal order. 20 MS. SHOAEI: Yes. And yes, I'll take a 21 rough also, please. 22 * * * * * * * 23 WHEREUPON, the foregoing deposition was 24 concluded at the hour of 5:30 p.m. Total time on the 25 record was 6 hours and 45 minutes. Page 264 1 I, DIEGO FELIPE LOPEZ GAVIRIA, the 2 deponent in the above deposition, do hereby 3 acknowledge that I have read the foregoing transcript 4 of my testimony and state under oath that it, 5 together with any attached Amendment to Deposition 6 pages, constitutes my sworn testimony. 7 8 ______ I have made changes to my deposition 9 ______ I have NOT made any changes to my deposition 10 11 ____________________________ 12 DIEGO FELIPE LOPEZ GAVIRIA 13 14 Subscribed and sworn to before me this____ 15 day of __________________, 20____. 16 17 My Commission expires: 18 ____________________ 19 20 __________________________ Notary Public 21 22 __________________________ Address 23 24 25 Page 265 1 REPORTER'S CERTIFICATE 2 3 I, Jennifer Windham, a Certified Shorthand 4 Reporter and Notary Public within and for the State of 5 Colorado, commissioned to administer oaths, do hereby 6 certify that previous to the commencement of the 7 examination, the witness was duly sworn by me to 8 testify the truth in relation to matters in controversy 9 between the said parties; that the said deposition was 10 taken in stenotype by me at the time and place 11 aforesaid and was thereafter reduced to typewritten 12 form by me; and that the foregoing is a true and 13 correct transcript of my stenotype notes thereof. 14 I further certify that I am not an attorney 15 nor counsel nor in any way connected with any 16 attorney or counsel for any of the parties to said 17 action nor otherwise interested in the outcome of 18 this action. 19 My commission expires: December 2, 2022. 20 21 <%22403,Signature%> 22 JENNIFER WINDHAM Certified Shorthand Reporter 23 and Notary Public 24 25 67 (Pages 262 - 265) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 68 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 & &2:3,9 6:11,14 6:18 13:6 0 02063 1:2 5:19 1 1 5:13 64:7 68:1 218:6 1,000 211:25 1,048 78:19 10 115:4 153:9 202:7 225:19 255:25 100 143:20 188:15 10:30 64:8,9 10:48 64:9,13 10th 255:24 11 178:15 11/14/18 3:22 110 3:18 12 89:24 120:5 159:5 213:22,24 12/11/18 4:6 12/12/19 4:9 12/4/18 4:2,4 128 4:21 12:30 120:9 140:1 ,2 12a 159:5 13 20:11 68:5 178:1 13th 128:21 154:4 1400 2:4 145 4:22 146 4:23 14th 154:11 ,22 15 115:4 153 3:21 158 4:1,3 177 4:6 17th 2:9 19 18:12 1:28 140:2 ,5 1:49 153:11 1:55 157:5 ,6 1st 69:17 ,21 79:16 ,23 81:1 ,5 228:5 2 2 34:18 64:11 87:19 139:25 146:3 265:19 2,000 121:24 2/10/21 4:16 2/25/21 4:19 20 115:4 120:3 264:15 200 42:10 2000 62:20 2002 25:5 2004 18:12 ,14 19:10 2005 20:2,3,5 2009 20:10 ,13 22:18 ,21 23:3 ,8 24:5 201 4:8 2010 23:11 ,21 2012 23:21 25:5 2013 26:11 27:5 27:21 2014 27:23 28:9 29:23,24 2015 18:16 2016 28:10,12 29:24,24 30:22 31:4 ,7,9 33:7,16 33:21 34:2 ,18 2017 31:19 43:19 44:24 2018 32:21 34:19 36:6 62:21 68:1 69:17,21 79:16 79:23 81:2 88:5 89:7 101:18 108:21 ,22 109:8 110:18 129:25 130:6 146:4 147:25 148:10 148:18 149:7 ,13 154:5,11 159:14 159:20 163:21 168:13 176:7 178:15 261:7 ,11 2019 36:17,20 130:20 131:1 ,6 137:21 149:4 150:15 ,22,24 190:6,8,11,20 191:22 192:1 ,11 194:21 197:12 197:18 ,19 199:17 202:7 203:4 262:21 ,24 2020 68:1 81:5 81:17 129:25 130:6 209:20 213:23 ,24 217:25 238:23 239:8 243:14 244:23 245:3,25 254:22 ,25 2021 221:21 227:9 ,10,21 228:16 239:9,12 242:19 ,20 243:14 244:8 245:3 ,16 246:1 255:9 ,11 257:6 259:9 2022 1:14 3:6 5:5 265:19 20th 202:21 21 1:2 5:19 212 4:10 213 4:13 22 110:18 221 4:15 22403 265:21 226 4:18 23.2 93:11 23rd 227:21 228:15 241 4:21 128:11 246 4:22 145:16 246.1 4:23 246.1.146:9 24th 248:7 290 4:24 78:9 97:5 2:00 153:11 157:6 ,8 2:55 189:17 ,18 2nd 88:5 147:24 149:4 ,7,13 159:14 254:22 254:24 255:9 [& - 2nd] Page 1 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 69 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 257:6 259:8 3 3 110:10 140:4 189:16 3/12/20 4:11,14 30 216:8 303-295-8578 2:10 303-629-3400 2:5 30th 190:8 ,11 191:22 31st 248:7 32 212:21 3200 2:9 323 153:5 32a 212:25 331 3:15 87:8,12 87:17 332 3:18 110:7 ,9 333 3:21 153:1 ,7 153:7 334 172:21 334a 4:1 158:20 158:24 172:19 334b 4:3 158:20 158:24 335 4:6 177:22 177:24 182:24 336 4:8 200:24 200:25 201:1 337 212:19 337a 4:10 212:17 213:1 337b 4:13 213:10 ,14 338 4:15 221:9 221:16 339 4:18 226:13 226:16 39 226:18 ,18 3:09 189:18 ,21 3:25 200:15 ,16 3:28 200:16 ,18 3rd 88:25 4 4 189:20 225:22 40 120:14 400 2:4 406,000 90:11 45 218:21 219:2 263:25 45/55 219:8 4:12 225:23 ,24 4:29 225:24 226:2 4th 159:20 163:21 168:13 168:13 5 5 1:14 3:6 128:16 226:1 5.2 128:19 5.4 88:12 55 218:20 219:2 555 2:9 5:30 263:10 ,24 5th 5:5 89:7 6 6 192:16 196:1 263:25 6/22/18 3:20 60 73:3 7 7 3:12 24:9 7.0 3:16 7/30 216:1 70 216:9 78 4:24 7th 68:1 81:5 ,17 8 8 148:14 149:5,6 149:13 80202 2:4,10 87 3:15 8th 202:13 203:3 9 9 149:25 150:1 9.6 91:14 ,21 93:12 90 194:17 ,21 96 192:14 96.4 193:1,21 9:02 3:6 5:4 a a.m.3:6 5:4 64:8 64:9 ,9,13 aac 258:9,9,11 258:14 259:4 ,11 259:12 ,21 260:14 ,15,17 aac's 260:12 aaron 238:13 abbreviate 15:23 16:17 ability 112:5 126:25 180:7 able 55:3 84:11 88:16 112:7 131:8 149:1 163:15 201:13 201:25 213:7 250:4 251:17 ,22 251:24 absolute 168:4 absolutely 33:20 85:3 88:22 acceptance 175:16 245:24 246:8 accepting 158:9 access 29:7 123:17 180:8 accommodate 70:11 accommodatio... 141:6 accomplish 68:17 accomplished 145:11 169:5 accurate 70:22 90:15 accused 197:17 achieve 82:9 131:13 138:4 168:6 achieved 182:5 acknowledge 6:25 218:20 264:3 acknowledged 218:21 ,22 acknowledging 249:4 ,9 [2nd - acknowledging] Page 2 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 70 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 acquainted 227:1 act 185:3 ,3 action 1:2 6:2 123:13 ,14 189:3 265:17 ,18 actions 152:1 166:2 active 260:19 activities 44:20 70:6 71:10 80:5 81:14 84:12 99:12 101:4 108:22 109:9 112:22 ,25 113:3 115:9 116:13 133:1 135:25 136:14 137:10 162:8 163:11,13 163:22 188:11 188:12 227:18 228:25 233:10 237:16 239:2,3,4 239:6 256:12 activity 101:21 132:11 ,18 134:9 134:9 135:5 ,9 176:2 actual 164:6 213:18 214:14 add 31:1 77:6 133:12 164:6 223:4 235:1 added 88:25 152:18 adding 210:25 additional 28:17 128:21 207:12 210:21 211:4 212:7 ,7 216:13 260:22 ,23 address 74:10 241:21 243:15 251:9 264:22 adds 89:1 adequate 127:17 127:24 128:2,23 129:5 ,7,12,20 adjust 74:13 80:10 136:22 137:9 164:17 186:19 236:16 adjusted 68:10 68:15 70:8,9 adjusting 186:14 235:5 adjustment 190:14 adjustments 125:1 160:11 185:12 administer 265:5 administered 7:4 advanced 21:13 65:23 advice 14:19 aepierce 2:11 affect 139:13 151:11 251:12 affiliations 6:8 aforesaid 265:11 afraid 224:12 agenda 101:25 102:18 aggressive 96:24 97:1 agnostic 50:24 ago 15:5,7 90:22 agree 5:12 56:18 79:13 115:15 ,24 127:21 ,22 147:17 149:8 ,11 190:10 207:17 207:21 208:16 208:24 209:5 222:3 236:25 250:20 agreed 7:13,14 7:16 66:6 69:4 80:11 127:20 ,23 145:2 156:18 163:14 205:23 215:3 233:13 agreement 4:11 4:14 7:10,11 107:24 108:3 ,5 115:13 125:4 130:11 155:25 196:15 214:3 ,15 214:18 ,21,23 215:21 229:18 233:13 260:1 261:16 ,17 262:11 agreements 152:6 ah 20:7 154:13 ahead 36:1 80:23 98:21,23 99:1 104:4 133:22 136:5 169:22 170:4 183:9 201:5 ,10 212:19 223:1 225:19 226:24 253:22 ahn 2:3 6:13 al 4:18 5:17 alex 6:17 7:15 13:1,4 64:20 140:12 190:3 226:9 alexandria 2:8 align 186:20 220:16 aligning 172:11 allocate 187:22 allocation 217:5 allowed 29:6 80:22 alternative 252:8 alternatives 240:24 amato 235:23 237:23 ,25 238:5 238:10 247:21 ambiguity 231:2 ambiguous 204:13 249:15 amendment 218:6 ,12,17 264:5 america 34:8 53:21 74:6 216:17 american 148:25 amount 206:5 209:2 211:3 ,25 212:1 ,1,9,10,11 [acquainted - amount] Page 3 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 71 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 amounts 262:9 analysis 217:19 247:7 analyst 19:12 andrea 2:3 6:13 7:14 88:10 andrew 235:22 235:22 236:1 237:22 238:5,8 247:21 anniversary 20:12 annual 166:12 168:1 ,9,15 annular 248:9 answer 9:22 10:4,10,20 14:20 43:13 57:14 74:14 ,14 80:22 102:13 103:18 105:1 119:12 125:16 129:15 129:15 133:16 140:19 144:9 161:13 ,17,19 163:25 169:16 199:22 221:8 223:25 229:7 246:11 ,23 256:9 answered 40:19 63:18 97:20 102:14 ,20 124:13 169:18 169:23 ,24 170:3 215:16 answering 105:7 106:1 139:16 170:1 189:1 answers 9:19 143:21 199:13 anticipate 9:21 79:18 126:11 145:12 anticipated 206:9 207:9 215:24 anticipating 137:5 203:18 204:7 207:5 anybody 104:2 140:15 220:23 anymore 252:12 anyway 139:21 apart 180:1 apologize 32:12 84:18 89:9 111:15 130:25 227:13 232:10 appearance 6:5 appearances 2:1 6:7 appearing 2:6 2:12 appliances 28:19 28:19 ,20 applications 8:20 applied 181:22 appreciate 38:6 39:8 68:19 92:13 107:19 114:6 125:17 134:6 approach 188:20 appropriate 3:2 98:16 approved 169:5 170:21 171:7 approving 158:6 april 101:18 209:20 architects 42:4 43:1 ,4,7 architectural 184:21 architecture 42:5 ,14 46:25 area 32:5 43:17 arguing 215:20 arrange 102:19 arrangement 7:8 209:3 arrangements 185:4 arriving 221:16 articulate 144:9 artifacts 142:13 142:14 asap 202:20 aseo 90:3 ,6 92:6 asked 23:5 40:14 68:6 94:19 ,23 95:12,19 96:2 101:22 124:22 136:10 170:5 174:14 180:5 183:23 189:6 207:1 211:12 215:4,4 219:22 219:22 221:6 246:5,6,10 260:12 262:17 asking 10:9 55:13 62:22,23 69:7 75:18,21 87:6 88:8,18 92:12 ,15 97:23 100:1 ,3 112:3 119:6 150:20 186:8 188:9 199:17 202:11 202:17 204:16 205:4 206:6 236:5 244:25 246:4 259:18 ,18 260:13 aspect 19:8 46:9 aspects 13:3 48:8 assessed 187:9 assessment 72:22 164:24 193:8 194:10 195:21 ,21 238:24 239:23 239:23 240:2,7 241:19 ,19 242:3 250:10 ,11 251:7 assessments 170:15 assign 27:18 assigned 23:13 26:16 27:15 ,19 31:1 142:24 234:21 assignment 25:10 31:10 ,25 85:20 assist 115:19 116:6 ,16 237:1 250:13 ,14 [amounts - assist] Page 4 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 72 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 associated 109:16 169:4 assume 10:10 91:19 204:6 226:10 assumes 115:1 assuming 138:21 138:22 assumption 204:5 assumptions 68:8,16 109:17 assurance 169:1 assure 60:17 ,21 attached 3:17,20 3:23 4:7,9,17,19 158:15 264:5 attaching 146:7 attachment 145:18 146:11 attending 244:22 245:12 attention 171:10 attentive 196:12 attorney 6:9 265:14 ,16 attorneys 17:9 64:24 audience 43:14 audio 5:11 audit 169:8 172:2 audits 171:21 augmented 116:5 august 1:14 3:6 5:5 68:1 69:17 69:21 79:16 ,23 81:1 108:21 ,22 109:8 129:25 130:6 148:10 190:6 ,8,11,20 191:22 192:1,11 194:21 256:2,2 available 14:2 35:8 111:19 231:21 avoid 181:4 aware 34:3 38:21 57:22 58:11 86:12 ,18 94:23 95:15 100:21 112:14 126:21 132:16 141:23 144:2 148:10 149:10 160:19 ,25 164:23 167:12 171:19 188:13 190:7 192:3 197:1 218:12 242:19 244:19 259:7 ,10 261:15 261:17 b b 122:2 212:22 212:23 baby 255:15 256:5 back 18:17 ,19 24:12 27:9 48:16 ,24 54:13 64:10 ,14 67:1 109:7 111:9 ,9,12 118:6 139:23 140:3,7 142:21 143:18 145:18 145:19 ,19,20 152:13 154:17 157:7,14,15,19 160:7 161:8 174:13 182:23 188:4 189:19 ,23 200:17 210:7 ,10 211:16 212:2 225:25 226:4 239:18 256:25 background 11:5 24:16 35:25 113:21 bad 225:17 252:2 ball 216:23 banner 251:15 bar 201:16 barragan 45:6 ,9 45:10 barriers 8:19 base 179:18 based 21:18 76:16 93:15 94:9 128:23 187:1 208:3,4 237:12 bases 93:10 basic 9:5 21:10 22:25 24:21,21 83:20 basically 204:16 basis 190:13 ,16 191:5,18 becoming 238:14 239:19 began 37:6 38:9 140:23 ,25 254:21 ,22 beginning 6:8 19:5 64:11 139:1 140:4 141:8 ,19 144:10 144:20 184:12 185:21 189:20 220:13 226:1 231:14 233:9 238:22 243:14 244:23 245:3 255:12 256:6 behalf 2:2,7 6:11 238:18 239:12 244:8 256:18 258:14 believe 88:24 89:3 153:6 163:1 197:13 222:18 239:19 257:17 ,18 believed 129:6 129:12 believes 128:23 129:4 ,4 bells 113:15 beltran 3:16 89:4,8 159:20 best 52:10 76:4 better 42:12 55:6 112:22 160:7 189:6 ,9 198:13 257:17 big 21:23 82:21 99:21 158:2 [associated - big] Page 5 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 73 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 bigger 156:25 biggest 249:13 bilingual 17:23 bill 47:21 ,22,23 48:1,3 billed 47:24 billing 93:16,19 93:23 94:10 234:12 ,13,13,19 234:20 ,24 binded 29:16 bishop 3:21 4:6 4:8 36:23 37:1 48:24 49:3,21 50:5,11 51:5,14 97:23 148:3 153:18 154:1,10 154:21 155:3,7 155:11 157:20 157:22 158:1 159:19 160:10 160:24 162:23 167:3 168:8 173:20 174:3,17 176:7 ,12 177:7 177:14 178:12 178:14 ,21 183:12 184:3 186:11 190:22 190:23 ,24 197:13 ,20 199:10 202:14 202:18 205:21 bit 17:18,19,20 28:4 31:5 33:3 35:24 38:6 42:22 49:1 142:16 161:2,15 188:25 236:3 237:24 240:3 black 47:7 blame 221:1 222:4 ,16,21 blanked 157:4 block 182:16 214:19 blocks 179:6 board 188:16 bonus 168:1 ,15 bonuses 166:12 167:23 ,24 168:9 born 255:24 boss 176:5 bottom 88:1 ,5 93:1 159:13 178:20 182:25 bought 58:21 59:6,8 65:9 ,11 261:19 box 47:7 196:8 214:17 break 10:15 ,19 10:22 59:15 64:4,15 119:17 120:2 ,9,12 139:18 140:11 161:22 190:1 192:24 200:20 200:21 216:7,7 225:19 226:7 232:14 breaking 189:11 breaks 10:16 brief 6:22 briefly 37:2 75:8 bring 52:9 56:12 71:3 ,8,15,16 159:2 160:6 213:18 217:21 220:8 223:17 224:5 225:14 230:4,8,9,17,25 235:21 241:3 249:18 bringing 171:10 brings 52:21 219:20 broad 53:2 broadband 52:6 60:15 83:15 97:17,22,25 98:4 98:8 ,14,14 130:23 131:1 141:20 ,21 163:23 180:13 190:7,10,17 191:21 192:1 ,10 194:20 ,23 195:1 195:5,7 197:4,7 197:10 231:23 234:20 broader 257:3 brought 219:20 222:2 223:11 237:22 249:20 251:8 252:14 browser 8:22 bucket 42:23 buckets 42:20 bug 69:2 build 48:1 56:13 58:14 106:16 ,17 106:23 ,25 107:2 building 50:20 57:19 built 46:24 58:12 60:15 bullet 164:25 168:25 bunch 11:8 18:8 75:25 231:25 business 19:16 42:18 44:22 52:14 ,16,23 55:11 83:22 128:25 133:3 138:11 195:3 busy 122:13 buy 59:8 c c 5:1 24:21 ,21 122:2 calculate 167:18 167:22 ,23 168:6 208:19 calculated 116:6 calculation 216:11 calculations 215:6 cali 8:7 25:15 37:9 117:25 118:20 ,21,23 call 8:2 14:3 25:4 26:24 28:17 29:11 30:10 34:14 42:15 47:19 ,19 52:19 84:7 102:11 142:14 [bigger - call] Page 6 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 74 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 178:24 179:3,14 181:11 187:1 196:6 199:8 called 3:4 14:24 15:14 19:17 24:1 34:8 44:22 54:6 71:7 107:24 120:20 121:23 194:17 198:23 218:5 255:14 258:9 calling 134:9 camera 5:7 camera's 201:16 capabilities 176:8 caps 122:16 careful 126:19 204:4 carries 89:20 case 5:18 14:5 22:3 51:5 56:7 115:10 133:17 152:23 170:18 180:24 181:9 186:22 207:21 cases 89:22 114:23 176:1 182:3 204:8 207:22 222:5,23 235:5 237:3 ,4 catalog 195:8 ,12 195:16 196:22 catch 31:6 catching 256:7 categories 161:23 cauca 25:23 cause 150:3 caused 180:13 180:21 204:1 207:8 causes 204:19 ,21 205:18 ,23 207:24 causing 160:14 cells 213:18 center 42:5,15 43:12 79:8 181:21 182:12 254:8 centered 132:25 central 5:4 25:16 25:24 34:8 64:8 64:13 140:1 ,6 157:8 189:17 ,22 225:23 226:3 263:10 certain 31:15 62:24 64:2 68:17 71:4 75:3 80:17 85:12 160:8 174:16 175:7 176:1 194:22 199:12 199:12 219:9 220:9 237:6 262:9 ,9 certificate 265:1 certifications 18:7 certified 3:7 265:3 ,22 certify 265:6 ,14 cetera 155:9 169:6 175:2 cfc 4:11,13 202:23 ,24 203:3 203:16 214:2 chain 87:25 112:8 116:23 153:16 ,17 154:18 178:19 178:20 179:5 183:12 201:7 ,11 201:19 chains 87:25 challenges 197:24 chance 88:19 183:1 200:10 change 51:18 120:14 124:20 124:22 125:13 125:15 139:21 185:14 204:9 205:14 210:9 ,16 210:17 211:2 ,6 212:5,6,14 228:14 229:13 229:16 246:20 251:18 ,22 changed 124:15 125:6 changes 60:10 60:13 173:1 264:8,9 channel 187:1 characterize 76:3 charge 22:24 75:18 191:19 chart 89:14,18 89:19 ,25 90:2 91:24 92:9,11,16 92:22 93:15 94:7,8 130:2,9 213:19 check 194:4 ,5 199:25 206:5 checking 153:5 child 255:22 ,24 256:16 chile 27:20 29:23 chilies 37:23 chilquinta 27:19 30:11 ,14 chithan 178:24 179:3 224:4 ,9,16 224:19 ,22 225:7 225:7 ,8,8,14,15 227:17 ,22 232:24 ,25 254:10 choice 139:20 chosen 50:3 circle 157:15 circumstances 193:15 cis 16:12 30:4 35:22 54:5 94:3 city 1:3 5:15 6:12 11:19 13:15 ,20 15:18 16:3,17,18 17:1 17:4 25:14 26:19 33:9,17 36:2,3 49:1 53:19 56:9 59:19 ,21,25 61:1 [call - city] Page 7 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 75 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 61:15 62:6,12 63:25 65:10 ,20 66:9,20 67:2,22 68:10 69:9 71:25 76:19 77:9 78:10 80:6 81:2 82:9 83:8 83:12 ,25 84:22 85:5,24 86:1,13 86:17 96:23 100:19 101:4,7 101:17 ,22 102:6 103:13 ,22,24 104:22 105:18 107:23 108:2,11 115:19 ,21,25 116:6 ,16,18 117:21 124:22 124:23 128:22 131:8 ,11,15,25 132:2 ,16,17 133:16 ,18 134:8 134:14 ,16 135:20 ,25 136:14 ,21,23 137:5 ,8 140:24 141:10 ,24,24 142:3 ,3,7,21,21 143:7 ,10,23 147:6 152:19 180:23 181:3 183:20 ,24 184:15 188:9 193:13 195:24 196:18 197:9 199:19 202:24 204:23 205:4,11 209:2 216:6 217:25 218:13 218:17 219:8,21 225:9 229:1 ,2 230:1 233:12 ,25 234:8 ,12 236:20 236:24 237:6 241:20 242:20 243:6 ,25 244:7 245:18 247:12 247:16 ,19 248:23 249:5 250:3 251:13 252:14 254:11 254:13 ,15,23 259:13 ,22 260:15 261:2 262:19 city's 61:7 65:15 69:14 70:21 73:11 78:21 81:21 95:1 96:23 125:20 236:20 252:20 civil 1:2 3:2 claims 5:17 clarified 10:11 166:3 215:15 216:11 clarify 10:12 39:23 55:5 65:9 100:10 101:9 103:3 123:7 125:18 136:18 144:19 164:6 167:20 182:10 244:2 255:10 257:21 260:1,2 260:13 clarifying 46:3 51:23 54:21 119:14 clayton 2:13 5:22 clean 9:12,23 258:1 clear 46:13,14 58:22 80:21 102:15 132:25 137:17 166:4 186:23 216:3 228:4 229:18 257:24 clements 142:8 142:10 143:6 153:18 154:1 155:4,6 162:22 client 44:19,20 47:19 48:20 52:9 ,16,18,18,21 53:3 55:6,8,10 70:10 74:12 75:24 80:7 ,7 82:1 ,3 83:20 ,21 83:25 84:9 85:11,14,18,22 103:22 106:18 115:1,8 123:18 123:18 ,19 126:19 ,25 127:7 133:17 164:15 182:1,6,7,13,14 186:5 187:11 188:12 204:2 206:4 210:7,20 210:21 ,24 211:4 211:5,17 212:2 212:16 257:9,10 257:12 client's 53:6 126:21 clients 22:6 28:22 32:4 44:22 72:25 117:7 206:3 261:24 close 138:8 155:19 202:21 218:5 228:22 closer 65:6 117:14 119:16 236:16 closing 26:22 closure 129:25 158:7 187:20 ,24 187:24 ,25 cloud 187:9 code 44:17 58:15 58:24 123:16 124:1 191:9 249:5 ,9,16 250:2 250:7 ,15 251:1 251:16 ,17,23 252:7 coded 58:18 59:3 codes 249:1 ,4 coding 24:12,12 24:15 ,20 44:18 47:6 57:16 58:10 59:4 123:15 191:16 colleagues 19:15 college 17:21 18:4 [city - college] Page 8 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 76 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 collegia 17:24 18:3 collins 1:3 5:16 6:12 13:15,21 15:18 16:3,17 31:11 ,12 36:3 38:4 53:19 56:10 59:12 ,13 60:5 65:11 66:9 66:20 ,25 67:22 68:6,15 69:9 76:6 86:10,13,18 87:4 106:2 111:8 115:13 129:22 138:14 138:16 141:12 141:18 147:21 152:7 156:8 159:14 180:14 182:20 185:9,12 186:7 187:5 ,6,14 188:14 ,24 189:7 191:4 192:7 ,21 194:2 195:4 ,10 196:20 202:24 203:19 207:23 212:9 215:25 216:24 218:5,19 218:22 229:8,12 229:21 ,24 230:14 ,25 231:15 235:12 235:13 ,18,20 236:2 ,11 237:16 237:21 240:19 241:18 ,25 243:1 243:21 248:13 249:15 ,20 251:6 252:25 254:20 260:16 261:2,23 colombia 8:7 17:24 24:1 25:16 ,24 colorado 1:1 2:4 2:10 3:8 5:18 66:24 254:16 265:5 column 79:8 148:23 150:4 151:11 214:17 columns 146:14 come 50:10 51:11 73:8 128:16 138:4 139:22 152:13 173:10 186:17 188:4 193:25 207:15 242:24 comes 77:5 113:3 147:18 200:6 208:1 comfortable 227:4 coming 158:4 ,5 175:15 189:10 199:11 249:24 comma 90:18 ,19 91:7 commas 91:9 commencement 265:6 commencing 3:6 comment 100:2 193:1 commented 243:23 comments 185:8 commerce 218:22 commercial 77:4 209:3,5 216:1,18 commercials 74:6 commission 264:17 265:19 commissioned 265:5 commitment 195:18 196:1 ,5 196:24 228:3 229:2,3 commitments 124:23 138:16 committed 174:25 195:23 195:24 196:20 227:24 229:8 committee 72:18 72:19 236:13 committees 236:8 common 55:2,19 communicate 84:8 106:22 127:4 145:8 177:2 220:17 communicated 140:25 244:16 communicating 140:23 communication 106:17 187:1 199:5 214:8 259:15 communications 12:19 14:17 85:10 ,11 86:24 92:24 106:9 259:12 ,19 compania 24:1 companies 21:24 25:12 ,13,19 26:2 33:22 34:10 51:2 53:21 89:21 ,23 114:24 256:19 257:5,16 258:5 ,21 259:3,7 company 15:14 19:11 ,14,16,17 22:2 23:25 24:1 24:2 25:11,14,15 25:21 ,23,23 26:18 ,25 30:11 34:7,23,25 53:18 53:22 54:3,6 56:9 118:8,11,21 258:9 259:8 company's 21:25 competent 51:6 51:15 ,22 competitive 39:20 complain 184:24 223:22 complaints 184:14 complement 223:25 complete 131:10 139:1 155:8 ,21 completed 150:13 158:17 [collegia - completed] Page 9 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 77 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 191:21 completely 89:8 169:18 completion 169:6 compliant 84:11 comply 82:4 83:16 complying 171:23 ,23 computer 8:20 24:19 concept 29:17 conceptually 139:5 concern 112:21 126:2 ,7,24 127:2 133:17 165:2 166:11 168:8,14 175:17 250:12 251:6 252:20 concerns 81:23 81:25 105:2 126:10 ,14,18 127:15 176:12 220:9 ,12,13 225:13 230:9 253:24 conclude 225:6 concluded 26:16 229:6 ,7 263:24 concludes 263:10 conclusion 223:19 224:15 229:10 240:22 251:10 conclusions 240:8 241:7 concrete 149:11 235:25 conditions 262:14 conducted 5:6 5:21 101:17 104:9 180:1 182:1 184:12 conducting 177:8 conducts 181:17 confident 51:21 51:22 56:5 confidential 195:17 configuration 47:20 123:11 ,15 123:17 135:18 138:11 164:20 196:20 231:24 235:4 configure 137:18 195:7 196:22 234:22 253:13 configured 52:15 53:5 99:7 configures 182:2 confirm 87:11 181:16 confirmed 164:8 confused 40:13 91:1 191:7 confusing 156:12 ,13 congratulations 256:16 connect 106:25 180:14 connected 180:18 265:15 connection 5:8 106:24 153:10 181:4 connections 106:14 connectors 106:16 consent 7:7 consider 106:4 222:3,20 considerably 166:13 168:10 consideration 98:4 considered 133:24 considers 85:18 consistent 48:21 consolidate 71:17 constitutes 264:6 construction 232:24 233:23 consultant 56:12 58:9 71:3 73:5 75:11 77:18,22 124:12 127:3 219:19 223:4 227:16 consultants 42:3 42:3 ,7,8,10 44:16,23,25 58:10,12 70:10 71:2 73:8,9 77:7 124:10 ,10 179:15 258:21 contact 87:3 context 79:25 151:23 161:2,4 175:10 184:21 191:10 203:9 222:10 223:6,7 223:23 224:6,11 225:3 continue 5:11 127:11 215:19 228:11 239:4,6 241:2 continued 138:17 continuing 230:23 241:4 continuity 230:3 contract 80:9 contracted 210:23 241:20 contracting 241:5 contreras 75:8 202:7 ,15 239:5 239:15 control 111:21 112:2 159:25 ,25 201:6 ,8 204:9 205:14 210:17 211:3 ,6 212:5 ,6 221:23 226:25 229:25 controls 212:14 controversy 265:8 [completed - controversy] Page 10 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 78 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 conversation 15:3 113:13 142:12 143:2 219:10 conversations 14:18 38:12 39:12 40:8 conversion 113:2 ,11,11,20 114:14 115:14 116:13 ,17 137:11 219:21 220:14 229:20 233:11 converted 115:4 115:22 converting 116:1 coopelesca 34:6 34:22 35:5,12,18 coordinate 14:25 coordinated 179:19 coordinator 141:4 copy 171:8,8 263:16 copying 159:19 202:6 ,14 213:24 core 47:6,8,10 47:15 48:19 123:21 124:1 141:20 149:17 149:20 ,20,22 151:19 160:12 160:17 190:18 191:1 ,8,9,16 234:14 correct 13:6 20:4,21 21:5 22:20 31:13 ,20 32:22 36:3,21 41:6,17 45:9,18 53:9,14 55:16 56:19 ,25 57:5 ,25 58:5,18 61:8 62:7 64:22 67:17 ,23 68:24 69:14 ,17 79:9 ,16 79:20 84:23 85:6 86:1 91:21 95:25 98:4,8 103:6 ,7 105:19 111:4 112:16 117:6 119:3 ,5,6 119:9 ,10 130:1 130:19 131:1 134:3 ,22 135:2,9 150:1 154:2 ,5,6 155:4 159:20 167:18 174:16 178:23 182:17 202:9 205:5 213:25 214:14 217:5 227:8 ,10 233:21 236:13 236:21 237:7,25 238:3 ,9 239:13 239:16 244:4 245:2 ,3 254:16 265:13 corrected 98:25 198:24 correctly 23:10 23:11 45:9 51:14 162:5 167:6,17 186:2 ,8 259:2 corredor 77:10 77:16 78:3 244:3,5,6,22 245:11 correlating 168:20 cost 204:5 207:12 costs 210:2,13 211:17 212:3 ,15 217:5,16,20,21 218:16 ,21 219:8 counsel 5:15 6:6 6:24 7:1,7,10 11:7 13:9,10 120:13 221:11 265:15 ,16 count 72:15 73:1 73:4 counterclaim 1:4,7 2:2,7 3:5 counterclaimant 6:19 country 24:3 county 25:14 couple 26:19 59:16 66:16 68:13 75:1 101:5 118:16 141:9 145:14 192:24 206:13 238:15 247:23 251:3 252:9 course 10:8 143:24 144:2 153:25 247:17 248:25 court 1:1 5:18,23 6:21 9:8 153:10 156:24 ,24 157:2 157:10 ,12 198:20 213:1 216:23 cover 62:2 93:9 116:12 123:10 145:17 covering 71:5 coy 236:3 ,3 247:21 create 12:13 123:14 188:11 created 21:25 72:5 creating 71:4 72:9 critic 224:5,25 critical 192:18 205:23 241:22 242:8 current 13:14,14 13:20 234:25 256:13 currently 8:8 10:21 20:3,6,7 33:25 customer 16:13 29:6 210:3,8,11 customers 28:16 customized 71:11 cut 32:12 82:14 94:14 161:16 ,18 169:15 ,18 [conversation - cut] Page 11 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 79 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 cv 1:2 5:19 d d 2:8 3:10 5:1 122:2 148:23 150:4 daily 191:5,18 243:13 244:21 244:22 245:2,11 245:12 dangerous 251:20 data 47:9 71:12 113:3 114:17 115:3 116:1 ,17 228:14 229:14 240:16 database 179:18 databases 187:2 254:9 date 59:10 66:18 69:17 ,20 70:15 79:5,16,19 80:2 80:3 81:1,1,4,10 81:12 90:16 101:19 ,20 108:16 132:13 132:18 ,23,23 134:10 135:1 136:10 ,13,25 137:2 ,22 138:9 146:2 147:24 148:12 150:19 150:20 151:4,5 154:12 163:21 174:23 175:5 206:10 215:20 239:7 262:20 dated 88:5 131:22 154:4 159:13 ,20 178:15 202:6,7 213:22 ,23 dates 26:9 28:1 70:7 79:7 112:10 130:5 132:21 137:16 137:20 155:9 162:6 164:7 197:17 215:19 216:10 245:4 day 10:15 48:17 79:9,13 101:24 110:17 112:12 113:25 114:2 148:12 ,18 194:17 235:1 243:17 264:15 days 91:20 137:1 137:5 194:21 dba 189:5 ,7 254:12 ddd 1:2 5:19 de 3:18 24:2 110:23 deadline 138:19 deadlines 131:8 131:11 138:5,23 203:24 210:2 deal 187:11 dealing 170:16 205:15 december 159:14 ,20 163:21 168:13 176:6 178:15 197:12 ,19 199:17 202:7 ,13 202:21 203:3 248:5,8 265:19 decide 187:6 236:2 239:4 decided 187:7 195:10 decimals 91:9 decision 49:24 50:1 142:22 155:18 ,19,24 156:15 206:11 decisions 164:3 164:5 declares 7:5 dedicated 71:7 101:25 deducted 246:20 deeper 43:12 defendant 1:4,7 1:10 2:2,7 3:5 defendants 6:18 define 21:15 52:13 54:24 75:21 108:24 109:10 112:23 155:18 195:13 196:24 219:25 234:22 256:21 defined 113:7 138:12 ,13 141:3 162:5,8 163:11 163:14 191:8 definitely 33:23 40:7 ,24 59:11 95:8 136:16 139:13 149:15 149:16 151:21 180:4 240:20 definition 29:20 94:9 118:13 ,15 196:23 261:25 definitive 162:14 degree 18:4,4,11 19:9 122:14 del 25:23 delay 4:11,13 139:10 204:19 204:22 207:24 212:11 214:3 232:6 ,7 250:19 delayed 70:13 delays 84:3 205:18 ,19,24 207:7 ,8,22 deliver 61:21 106:20 116:1 138:9 139:5 156:3 182:18 185:15 192:3 194:22 195:24 245:23 deliverable 155:24 deliverables 169:4 174:25 delivered 139:12 150:8 ,17,18,23 171:7 174:15 ,16 174:25 175:8 181:17 ,21 192:19 193:2 195:16 197:3,8,9 238:25 245:18 246:7 247:3 [cv - delivered] Page 12 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 80 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 delivering 22:12 181:18 185:14 delivery 151:5 164:7 demo 101:17 ,23 102:6 ,9,11,12 demoed 101:17 101:21 demonstrated 102:6 demonstration 103:4 dennis 2:13 5:22 139:17 denver 2:4,10 department 32:5 depend 229:11 dependence 135:6 depending 10:18 47:17 depends 5:7 deployment 187:7 ,10 deponent 7:2,3 18:3 37:22,24 46:18 ,20 47:23 48:3 66:1 91:11 96:11 107:7 ,9,12 107:15 109:22 109:24 117:16 118:4 134:23 159:3 160:23 188:2 198:22 231:9 235:9 236:17 237:20 240:13 246:16 246:19 ,22 248:18 253:8,16 255:18 263:5 264:2 deposed 9:2 deposition 1:12 3:3 5:5,14,20 6:25 7:2 9:5 10:24 11:6 13:11 14:13 ,25 17:17 64:12 87:8 110:7 140:5 ,14 146:10 153:1 157:9 158:20 177:22 189:21 201:1 212:17 213:10 221:9 226:2 ,13 233:10 263:23 264:2 ,5,8,9 265:9 descoped 247:7 describe 191:15 203:15 223:20 described 48:21 76:17 describes 203:15 describing 89:13 163:8 description 132:11 designated 234:12 despite 200:20 detail 38:6 62:20 121:24 132:11 133:16 137:12 139:8 156:5 ,5,13 162:8 163:13 240:4 detailed 132:8 132:10 133:12 139:1,9 156:6 163:10 164:17 detailing 152:2 details 93:8,13 155:9 244:18 develop 20:19 22:5 27:13 57:7 57:7 ,10,13 58:15 73:8 ,10 76:13 developed 70:1 70:20 77:8 124:6 developing 23:2 57:18 76:18 94:18 development 22:1 42:4,15 43:11,17 63:18 88:12 122:15 124:10 181:20 182:11 243:19 254:8 diagnose 182:15 251:25 diagnosis 250:16 diego 1:13 3:3 5:14 7:17 8:1 45:6 ,9,10 64:12 140:5 171:13 189:21 207:17 208:24 215:18 226:2 236:4 263:11 264:1 ,12 diegos 193:18 ,19 difference 21:22 21:23 22:7 40:24 82:2 137:1 203:7 246:5 ,9 differences 122:21 205:17 different 21:9,14 21:20 22:8 28:20 29:15 ,15 36:21 42:20 47:3,14,16 51:1 56:23 57:10 67:9 70:17 73:16 ,17 75:23 77:23 79:1 82:10 ,22 83:13 85:4 87:6,6 102:5 106:2 ,9,10 106:13 117:18 126:8 132:23 134:6 135:17 ,17 135:18 145:8 155:17 160:5 161:22 165:24 168:3 ,4 169:2 171:16 177:1 187:9 188:20 191:11 ,15 208:4 209:4 210:21 216:13 ,16 220:5 223:7 ,23 224:18 234:9 235:10 240:15 241:5 260:13 261:7 differentiation 233:2 246:3 [delivering - differentiation] Page 13 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 81 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 differently 165:22 224:9 253:12 ,23 difficult 9:21 43:22 45:4 138:25 141:18 173:8 179:2 difficulties 188:16 200:7 digital 171:8 direct 220:6 directing 89:4 direction 27:3 27:11 directly 199:5 219:11 director 30:25 31:9,20,24 32:17 32:22 36:10 49:2 72:16 210:1 211:15 239:19 254:8 256:17 directors 31:3 discounts 209:6 discuss 38:18 76:8 84:22 85:5 85:14 206:15 210:12 214:6,7 235:20 ,24 240:19 discussed 17:14 49:13 63:4 110:4 144:23 178:19 196:25 196:25 223:9 235:18 ,22 236:7 239:20 247:20 discusses 165:1 discussing 22:14 38:9 88:17 104:21 116:23 142:13 153:3 155:14 177:14 227:19 243:24 248:6 260:12 discussion 100:3 113:16 115:22 125:13 142:9,10 143:5 188:18 203:7 ,16,18 204:22 205:4,11 225:1 229:19 256:24 discussions 38:9 45:23 81:19 85:22 ,23 86:6 ,6 86:12 ,19 96:18 103:13 ,22,23 104:11 105:1,9 105:17 121:22 125:24 126:8 127:24 131:7 141:24 142:3,7 176:16 177:11 189:8 203:22 204:1 ,11 220:11 225:13 229:24 230:4 237:14 241:11 242:4,11 242:13 243:3,6 248:3 253:25 254:12 disposal 25:14 25:22 47:13 90:7,9 118:25 dispute 199:18 200:4 202:23 203:3,9,10,12,14 205:3,9 206:2 distinction 233:9 233:16 255:7 distributed 217:22 distribution 217:15 ,16 district 1:1,1 5:18 ,18 257:19 257:19 258:1 ,17 258:17 divided 235:3 division 20:20 document 12:4,7 78:11 81:3 87:10 111:18 131:21 132:15 134:7 135:13 145:15 146:16 147:5,6,23 151:24 ,24 152:17 ,18 153:4 153:13 158:23 159:8 166:7 169:3 178:4,8 200:22 201:7 202:1 206:17 ,22 212:19 213:3 226:22 ,25 documentary 174:24 documentation 4:8 156:7 174:23 199:14 202:8 208:3 260:4 documentations 175:7 documents 11:8 11:9,11,12,13,15 12:7,8,10 61:11 61:12 87:20 134:7 142:14 145:19 170:20 171:5 172:1 ,22 175:23 199:16 202:18 204:16 204:21 206:23 206:24 207:1 208:5 226:18 doing 14:11 16:21 49:20 57:24 60:6 80:18 89:13 114:25 116:16 117:3 ,7 141:20 141:21 164:23 167:15 173:19 186:9 196:20 221:10 230:7 231:23 232:23 233:10 234:19 234:21 ,24 235:2 235:3 ,4,4,5,16 244:18 246:14 248:20 256:12 256:12 dollars 206:5 212:8 domain 47:19 48:20 123:18 ,19 door 49:10 [differently - door] Page 14 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 82 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 dorsey 2:3 6:11 6:14 dorsey.com 2:5 2:6 double 153:5 199:25 doubt 133:17 167:13 175:24 208:19 doubted 167:13 doubts 187:19 188:8 215:5 ,15 216:10 230:5 dr 198:14 206:21 208:2 209:12 214:6 ,9 217:1 237:24 238:5 drafted 147:23 drive 52:14 188:15 ,25 due 134:10 135:2 136:13 137:2 138:9 211:17 duly 7:18 265:7 duration 71:9 90:17 ,24 135:5 136:11 ,12 durations 70:5 70:16 132:25 duties 170:18 256:8 duty 216:22 duval 2:13 5:2 157:9 dwayne 36:23 38:17 45:23 101:6 105:22 144:24 152:23 156:12 160:19 160:24 162:23 163:6 164:22 165:19 172:9 176:16 ,23 186:18 188:13 188:18 197:1 198:2 204:14 205:21 e e 2:8 3:10,15,17 3:18,20,21,23 4:1,3,6,7,8,9,10 4:13,15,16,18,19 5:1,1 11:13 12:14 ,15,17 74:24 75:6 87:24 ,25 88:2 ,3 88:4,16 110:17 110:21 ,23 111:7 111:9 ,25 112:4 112:14 ,21 113:1 113:6 116:22 122:2 145:17 ,18 146:1 ,2 153:15 153:17 ,25 154:9 154:10 ,10,13,18 154:21 155:2,3,7 157:18 158:3 159:12 ,13,18,19 159:23 160:4 161:10 ,22 163:6 166:2 170:7 172:13 173:19 175:5 ,15 178:12 178:19 ,20 179:5 182:23 ,25 183:12 184:4 ,11 186:11 201:11 201:19 ,22 202:4 202:13 205:10 208:14 213:22 213:23 214:7 216:22 217:4 218:22 221:11 221:20 ,22 222:10 ,14 223:6 227:7,21,22 229:15 235:9 ,9 242:13 ,17 earlier 22:24 31:5 37:3 76:11 79:6 88:10 93:22 97:4 ,20 98:19 100:17 103:20 104:5 ,6 117:17 124:1 126:24 130:4 131:6 140:17 148:5 153:3 155:14 172:19 174:3,12,14 183:23 191:8 199:9 205:6 213:12 214:5 222:15 237:24 239:20 255:25 261:18 early 20:12 239:8,9 245:25 262:21 ,22,24 ease 165:3 easier 183:18 ecuador 93:6 edge 8:22 edith 37:22 ,22 38:17 45:24 95:12 105:22 193:17 195:22 222:2 223:10 ,17 235:21 educational 17:20 effect 152:8 effective 115:1 effort 52:8,9 74:6 116:5 138:4 243:19 248:1 efforts 71:9 96:16 116:19 eight 33:4 either 10:1 74:14 91:6 96:5 101:12 107:3 148:4 157:3 191:3 209:25 258:4 electrical 28:19 element 164:4 email 2:5,11 embedded 121:6 emdupar 26:19 27:1 118:1,3,4 118:24 enable 106:9 ,21 ended 100:19 125:3 127:2 206:21 ,22,22 260:9 [dorsey - ended] Page 15 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 83 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 energetica 24:2 energy 24:1,3 25:4 27:19 28:16 ,22 34:23 47:12 92:6 248:10 engineer 17:25 18:6 24:15,19 engineering 18:11 19:9 engineers 44:16 115:20 193:19 english 4:5,14 159:1 172:15,18 173:1 ,3,6,14 212:24 213:13 214:24 255:13 enter 38:10 41:5 41:11 250:15 entered 78:8 107:23 108:2,12 128:12 146:9 155:7 189:8 261:15 entering 100:19 108:13 120:18 entities 90:12 106:10 entity 58:17 entry 149:23 environment 179:15 ,21,23,23 180:2 ,8,15,18 181:5 ,11 182:9 189:2 environments 179:22 181:24 194:2 equally 224:11 ericson 219:13 219:15 ,24 220:2 222:16 error 182:16 escalate 143:4 escalated 236:3 especially 122:19 204:18 204:20 esq 2:2,3,8,8,13 essential 191:12 established 22:25 164:11 165:2 ,8 estimate 67:10 71:8 75:20 80:4 82:12 96:15 111:6 116:24 estimated 104:25 217:7 estimates 3:19 111:2 ,3,7,10 211:7 217:12 ,12 estimating 81:16 116:11 132:22 estimation 74:13 76:4 estimations 32:3 et 4:18 5:16 155:9 169:6 175:2 evaluations 99:19 evans 105:2 event 216:1 events 207:8 208:9 224:6 eventually 67:10 95:5 96:15 115:15 121:21 124:11 125:3 126:3 127:12 135:19 139:10 154:8 156:11 ,14 182:15 207:15 211:2 212:6 219:6 242:16 ,18 251:7 254:19 everybody 135:20 137:17 137:23 ,24 evidence 172:1,3 176:3 exact 35:13 108:16 148:12 148:12 150:19 150:20 262:14 262:20 exactly 12:1 26:8 37:8 ,11,12 38:13 42:9 43:9,24 45:2 54:10 59:10 60:6 63:15 65:13,17 66:13,16,18 69:24 72:7 74:3 74:8 95:7 101:20 103:1 ,17 104:2,7,9 108:15 124:8,21 128:9 134:12 136:24 136:25 137:2 141:15 148:17 158:18 177:21 188:10 189:12 196:1 198:22 207:25 209:13 218:8 234:6 236:9 250:9 261:10 ,23 262:12 ,20 examination 3:4 3:11 7:20 265:7 examined 7:18 example 13:25 34:22 38:15 71:6 83:10,11 95:14 118:1 126:23 127:9 133:3 ,14 137:11 137:12 138:9,10 156:3 ,7 171:6 175:13 185:19 185:22 187:20 187:25 224:17 234:11 ,18,18 235:6 254:5 ,6 examples 90:1 234:9 excel 12:12 134:15 ,21 135:13 ,15,16,20 135:22 146:13 excuse 9:19 22:17 29:24 81:5 94:24 96:20 103:4 123:2 130:5 145:19 151:19 153:6 ,17 158:1 168:13 186:1 202:13 222:1 227:9 260:23 [energetica - excuse] Page 16 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 84 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 execute 83:16 156:19 182:2 executed 34:1 101:22 108:15 executing 117:5 171:22 245:25 executive 223:18 executives 149:16 243:13 exhibit 3:15,18 3:21 4:1,3,6,8,10 4:13,15,18,21,22 4:23,24 78:8,9 87:8,12,13 97:5 110:7 ,9 128:11 128:12 145:16 146:9 153:1 ,5 158:20 177:22 182:24 200:23 201:1 212:17 213:10 221:9,16 226:13 ,16,16 exhibits 3:14 4:20 existed 148:11 174:5 240:20 expect 164:1 175:23 expectations 99:15 expected 137:24 186:5 253:1 ,4 expecting 184:17 185:2 ,20 187:14 187:18 228:4 241:25 experience 19:6 19:14 37:15 ,17 50:6,11 51:7 89:13 97:16 ,24 98:14 109:14 114:13 115:17 115:18 ,20 117:3 128:24 176:22 203:21 209:25 210:10 211:14 211:23 212:12 experienced 206:3 249:14 experiences 220:1 expert 52:1 ,6,19 54:17 55:16 254:1 ,2 expertise 52:22 53:1 71:16 194:9 experts 51:3 ,11 52:12 ,13,15 53:7 53:12 54:15 55:9,10,14 71:20 71:21 75:14 76:8 252:23 254:4 expires 264:17 265:19 explain 20:16 43:12 48:11 ,13 49:1 52:7 106:8 116:2 125:11 126:17 139:15 155:15 167:2 181:19 206:18 explained 21:19 48:17 87:5 225:7 252:4 explanation 107:20 182:23 explanations 114:7 185:2 express 96:20,21 97:6 126:2 ,6,9 126:13 expressed 127:25 expressing 125:25 168:14 extension 82:18 122:15 extensive 37:15 51:7 extent 258:13 external 22:10 141:25 142:4 143:8 extract 135:21 135:22 extracting 116:1 116:10 extraction 113:2 113:12 ,20 114:14 116:13 116:17 137:11 219:21 220:14 224:3 229:20 233:11 extreme 122:22 f f 122:2 face 53:2 101:11 fact 89:22 116:23 171:10 198:2 factor 22:10 factors 118:16 205:23 facts 151:25 207:10 215:14 215:22 216:4 228:14 229:14 230:10 231:1,3 failed 180:23 fails 182:14 fair 10:12 22:10 51:25 61:21 72:1 76:17 116:19 118:13 118:13 145:6 203:17 224:8 233:6 243:7 244:13 255:6 fairly 15:9 159:18 201:7 familiar 15:25 36:2 61:2,13 62:17 67:3,5 69:8,10,11 78:25 95:16 120:21 ,23 121:15 142:17 families 248:9 fan 220:20 ,23 222:4 ,21 far 173:24 187:1 188:25 228:13 228:17 229:6 favor 222:7 fc 146:7 227:24 228:11 fear 246:15 fearing 247:24 [execute - fearing] Page 17 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 85 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 feasible 85:6,19 97:3,6,7,10 98:16 128:4 ,5,7 129:20 features 38:23 february 150:15 150:22 ,23 221:21 227:8,9 227:21 228:15 262:23 ,25 fee 262:13 feedback 38:19 39:2,3,6,8 40:15 40:21 45:13 56:14 57:2 58:4 74:10 75:15 85:15 87:2 95:13 98:7 109:14 ,15,19,24 109:25 110:2 151:22 158:3 231:17 feel 85:19 222:9 227:3 228:13,16 247:25 248:2,13 250:21 251:19 feels 176:16 fees 109:18 ,20 109:23 felipe 1:13 3:3 7:17 8:1 264:1 264:12 felt 142:16 248:16 ,17 field 30:5 35:22 54:6 94:4,5 185:1 figured 114:16 file 135:23 146:12 147:21 224:24 filed 5:17 254:23 files 12:12 134:15 filling 75:18 final 154:24 195:12 245:6,8 262:18 finally 69:2 72:24 236:7 finance 28:18 financially 6:2 find 29:14 74:14 174:9 184:17 210:20 247:10 247:16 finding 28:21 160:25 findings 240:7 fine 80:24 118:17 ,17 160:1 188:3 218:11 finish 80:22 81:4 81:10 ,16 98:22 113:24 147:16 161:12 162:5 227:24 228:13 228:17 229:4 234:17 241:2 finished 26:16 28:9 173:14 228:22 firm 5:24 first 7:18 9:6 23:11 36:20 40:14,19 43:1 68:4 ,12 78:15 80:5 81:19 ,20 83:6 87:3 88:2 88:25,25 89:19 90:1 ,2 93:11 99:14 110:23 112:24 113:9 125:18 ,19 127:3 129:16 132:4 ,6 136:19 ,19 137:21 142:12 146:16 153:9 ,24 153:25 154:9 ,17 154:17 158:7 159:13 161:23 162:9 166:15 169:8 172:24 173:16 178:11 178:20 179:1 ,5,8 183:13 184:13 187:17 188:6 202:24 214:13 214:16 ,19 218:12 ,16 233:25 235:22 241:1 249:18 ,22 256:15 firsthand 235:15 five 19:15 32:9 32:11,24 230:2 234:9 251:9 263:12 fix 239:7 fixes 227:25 flagging 139:18 flat 107:3,4,5,7,8 flavor 47:10,11 flexibility 123:11 flow 189:8 flows 47:9,11 folks 38:17 73:20 follow 4:1,4 9:6 14:21 67:9 242:15 following 173:23 follows 7:19 109:8 foregoing 263:23 264:3 265:12 forget 141:1 189:6 forgot 183:17 form 13:17 15:10 21:21 24:17 25:9 29:1 29:9 30:2,16 33:12 35:19 39:4,15 40:3 41:7 43:21 45:14 46:11 49:23 50:8,13 52:3 53:15 54:18 55:25 56:20 57:8,12,20 58:2,6,19 59:22 60:4,12,16 61:22 62:13 ,18 63:10 67:18 68:3,25 69:18 70:3 76:21 77:11 79:17 83:3 [feasible - form] Page 18 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 86 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 84:24 85:7 86:2 86:15 91:4 92:2 92:10 ,13 93:18 94:20 95:2,23 96:25 97:11 ,18 98:17 103:16 104:12 105:14 109:2 113:8 121:7 ,14,19 122:5 123:6 124:4 ,19 126:16 127:18 128:1 130:8 ,22 131:18 132:19 134:11 135:3 136:15 141:13 143:15 143:16 144:5 163:4 ,24 168:2 168:17 ,22 173:13 174:6,19 175:9 176:9 ,14 177:9 180:3 ,9 186:12 190:12 191:13 192:2,12 193:5 194:7 ,13 194:24 197:22 199:21 204:24 207:4 208:6 210:4 211:19 217:6 ,17 218:1 218:18 220:3,21 221:4 228:18,23 233:7 237:2 ,8 238:20 242:6 244:9 ,14 245:21 247:13 ,18 249:11 252:18 255:2 256:20 257:7 258:19 262:5 ,10,12 265:12 formal 27:10 250:24 formalize 158:14 formally 195:23 format 47:21 ,23 47:24 48:2 former 160:20 fort 1:3 5:16 6:12 13:15,21 15:18 16:3,17 31:11 ,12 36:3 38:4 53:19 56:10 59:11 ,12 60:5 65:10 66:9 66:20 ,25 67:22 68:6,14 69:9 76:6 86:10,13,18 87:3 106:2 111:8 115:13 129:22 138:14 138:16 141:12 141:17 147:21 152:7 156:8 159:14 180:14 182:19 185:9,12 186:7 187:5 ,6,13 188:14 ,24 189:7 191:4 192:7 ,21 194:2 195:4 ,10 196:20 202:24 203:19 207:23 207:23 212:9 215:24 216:24 218:4 ,19,22 229:8 ,12,21,24 230:14 ,25 231:15 235:12 235:13 ,18,20 236:2,11 237:16 237:20 240:19 241:17 ,25 243:1 243:21 248:13 249:14 ,20 251:6 252:24 254:20 260:16 261:2 ,23 forth 256:25 forwarding 155:3 173:19 forwards 155:11 found 138:8 165:16 184:16 185:10 188:7 founded 242:1 four 15:7 94:6 ,8 128:21 230:2 234:8 251:8 free 222:9 freeze 199:22 fresh 257:14 ,14 257:16 260:10 frey 198:14 199:2 206:12 ,21 208:2 209:12 214:6,9 217:1,9 237:24 238:5 friday 228:1 front 8:14 85:25 191:18 224:1 frustrated 195:5 247:12 ,14 251:19 fulfill 131:15 fulfillment 148:20 full 7:24 fun 114:1 functional 61:13 61:14 ,18 62:5,10 62:16 63:1,6 76:12 ,13,19 120:24 121:2,5 121:11 ,17 128:24 149:1 182:7 ,19 193:17 223:12 247:8 functionalities 29:15 30:19 57:11 ,19 58:13 62:10 63:1,5,8 80:3 151:13 ,14 152:9 176:13 191:25 193:1 195:9 245:19 246:6 247:1 functionality 30:6 62:24 121:10 148:21 181:16 ,21 182:2 192:15 210:22 245:23 247:6 253:5 ,10 functions 194:22 funding 212:7 further 164:18 263:3 265:14 future 14:23 164:18 ,19 [form - future] Page 19 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 87 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 g g 5:1 122:2,11,23 235:9 games 24:20 25:1 ganja 25:24 garbage 90:9 gas 47:13 gather 99:15 164:15 217:8 gathering 137:13 gaviria 1:13 3:4 7:17 8:1,3 264:1 264:12 geek 24:19 general 13:2 14:21 21:4,6,7,8 21:19 39:6 53:2 56:4,4 61:18 75:23 80:8 82:23 93:5 99:24 100:5 115:7 122:2 ,8 123:8 156:4 235:12 generally 13:13 16:2 82:18 88:17 100:21 122:3 ,6 175:22 227:6 generate 156:9 gentleman 77:10 227:13 georgia 37:10 getting 27:22 35:24 59:14 98:24 ,25 107:3 117:14 119:15 176:25 177:1 186:4 191:6 218:8 229:23 give 9:13 79:25 95:9,20,21 113:20 136:1 139:4 145:20 159:11 161:2 162:1 198:12 207:11 211:4 223:23 225:16 226:25 234:9 240:3 254:5 given 7:6 40:15 234:1 263:11 gives 89:25 giving 38:6,21 57:2 71:24 107:20 111:9 112:4 114:6 133:14 164:22 206:23 glad 65:3 go 5:12 9:4 10:21 15:25 17:18 18:17 ,19 19:8 36:1 43:12 43:19 44:18 ,21 57:5 64:4 79:12 80:9,17,23 83:10 84:12 88:1,3,17 89:5 98:21,23 99:1,20 104:4 111:12 112:3,20 114:4 ,8,10 118:6 118:25 120:9 123:16 124:14 128:22 130:19 130:20 ,23,25,25 131:4 133:22 136:5 141:21 143:18 148:23 150:3 154:17 ,20 159:11 161:22 168:24 169:22 170:4 174:13 178:13 ,18 179:4 181:6 183:8 185:12 187:7 189:13 192:5 195:1,11 196:4 196:19 200:12 201:5,10,21,25 206:16 210:7 ,10 211:16 212:2 ,18 217:10 221:25 223:1 225:19 226:24 227:21 253:22 goal 9:22 230:24 goes 72:16,16 82:21 going 5:4 10:18 11:10 14:8 ,8,12 14:15 15:13,22 15:23 16:2 17:17 28:2 30:10 36:1 48:24 52:6 54:13 55:14 60:8 61:21 64:6 67:1 72:6,7 73:15 78:7 ,9,9 78:12,14 82:3 87:9 ,24 88:1 93:16 94:24 95:7 96:16 100:16 103:20 104:4 ,16 108:23 109:9 110:8 114:7 ,19 115:25 116:16 ,18 118:14 ,14,15 119:25 120:10 120:10 122:22 127:23 128:8,10 131:5 132:12 136:1 ,2,3,9 137:18 138:1,15 139:8 ,24 143:4 145:15 ,17,17 146:8 153:16 154:20 156:1,3 156:19 157:4 158:24 159:4 160:9 161:16 ,18 170:9 172:14 ,15 172:19 ,20 173:23 175:15 178:10 182:23 183:3 ,11 189:13 189:15 199:18 200:4 ,14,22 202:4 203:22 ,23 204:8 206:21 212:20 ,24 213:12 217:22 221:20 ,24,25 222:9 223:3 225:21 226:17 226:19 227:4 228:8 229:13 232:3 239:1 ,2,7 [g - going] Page 20 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 88 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 240:25 ,25 248:21 249:24 260:3 ,6 263:9 golee 235:7,8,9 good 5:3 6:10 7:22,23 35:24 40:23 42:17 48:6 59:15 75:13 110:5 111:15 120:3 139:18 140:10 170:3 176:15 185:8 186:18 189:11 219:23 219:25 224:21 225:17 ,18,20 goodbye 74:25 75:6 goodness 119:13 government 118:10 grade 123:24 graded 62:10 63:8,23 121:10 grades 122:17 122:20 ,22 grading 62:24 63:1,7,12,14,15 121:16 ,21,25 122:2 ,8 124:6 gradings 62:16 62:19 graduated 19:13 19:14 graph 240:9 ,11 240:12 great 8:8 9:1 10:8 15:21 25:17 108:8 greg 240:14 251:8 gregory 192:5 ground 9:5 group 21:9 groups 83:13 grow 243:19 growth 18:21 guarantee 52:17 84:10 147:8 152:20 ,21,25 170:9 228:3 guess 39:16 40:13 50:17 90:12 ,21 91:1 181:15 201:13 262:23 guessing 54:12 66:14 74:22 guidance 186:8 guide 102:17 gustavo 254:7 guy 45:24 guys 25:1 h ha 4:6 half 10:17 ,17 19:23 119:24 120:5 212:4 hand 138:13 hands 184:18 ,22 happen 106:15 126:11 204:8 238:22 242:11 242:13 happened 11:23 85:24 142:20 152:4 156:10 180:12 186:22 187:13 207:8 ,18 218:9 happening 49:19 146:2 165:6 235:13 237:4 245:17 happens 70:12 72:2 171:1 174:22 251:23 happy 20:12 78:23 94:7 114:10 226:25 hard 210:7 harder 117:14 hart 2:9 6:18 13:6 head 10:2 34:16 62:23 83:11 132:5 134:23 159:3 164:22 183:16 heads 10:5 164:22 hear 11:3 45:12 117:15 121:13 199:21 223:15 232:4 235:16 252:11 heard 5:9 11:4 41:4 45:8 51:14 51:22 127:19 132:4 194:16 232:18 243:5 hearing 230:23 heated 203:17 203:18 ,20 held 27:20 93:7 169:8 239:2 245:9 help 20:19 37:13 42:14 56:12 70:23 71:8 73:8 74:12 115:14 143:3 209:23 216:16 228:2 250:21 helped 73:9 77:8 helpful 48:16 helping 27:13 37:18 ,21 57:6,10 95:6 helps 151:25 201:21 hernando 14:22 74:7 146:3 208:12 209:1 215:2 216:6 ,6,19 216:21 ,23 218:4 219:5 ,6,10 242:22 243:9,18 hesitate 153:6 hey 188:13 250:25 hi 65:1 111:7 hiccup 232:11 hide 142:23 high 17:22 ,23 80:4 128:19 187:16 higher 167:25 ,25 [going - higher] Page 21 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 89 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 highest 242:24 hint 163:5 hire 142:23 ,23 143:23 hired 19:13,15 20:15 ,19 22:23 258:21 259:3 hiring 141:24 historically 115:6 history 17:21 hit 192:25 hold 23:8 223:14 holding 53:20 holidays 137:4 holland 2:9 6:18 13:6 hollandhart.com 2:11,11 home 8:9 28:19 homes 90:12 honest 40:17 ,19 hopefully 207:20 hoping 76:3 host 105:12 hour 10:17,17,17 119:21 ,23 120:5 263:24 hours 116:6,11 263:25 huguett 4:18 227:14 ,22 huh 10:5,5 huhs 10:1 human 10:1 hums 10:2 hundred 45:3 197:7 ,8 212:8 229:12 246:7 hungry 119:18 husband 25:1 i idea 100:12 136:2 139:4 222:13 identified 134:18 134:21 135:1,8 147:15 196:8 207:23 242:3 identify 137:25 138:2 imagine 90:11 248:19 impact 4:11,13 99:20 ,21 164:8 214:3 impacted 180:7 impacts 138:20 152:6 implantacion 90:3 implement 19:15 22:5 23:12,25 26:17 34:8,9 35:21 42:11 44:15 47:1,7 54:5 97:3 implementation 3:16 34:13 44:11 ,13,20,23 44:25 45:22 46:1,6,8 51:11 54:3 56:24 57:25 66:18 ,22 77:5 90:25 101:8 102:1,3,9 103:5,14 105:24 106:5,23 107:18 124:12 128:20 128:25 149:20 181:23 235:2 255:3,7,8 implementations 32:3 89:20 94:2 implemented 24:8 34:7,20 53:18,20 56:8 89:23 117:20 ,22 257:5 implementing 25:13 26:1 33:15,21 34:4 97:17,25 98:14 99:25 100:6 210:11 256:18 259:7 implication 252:6 imply 203:24 importance 51:8 243:12 important 39:10 49:17 65:3 137:1 138:24 145:10 ,12 228:9 imprecise 125:16 impression 162:11 223:23 improve 27:14 49:19 improvement 22:1 inaccurate 162:25 163:2 inapa 34:8 inaudible 18:23 incidents 228:1 include 43:16 116:12 137:9,11 211:24 228:8 included 116:4 120:20 121:2 163:22 181:24 includes 228:6 including 6:6 55:19 ,23 116:10 224:3 inconsistencies 160:15 161:1 163:8 165:18 inconsistency 163:7 inconsistent 162:25 incorrectly 174:4 increase 19:1 211:17 212:2 increased 43:23 44:2,3,4,6 increases 210:12 increasing 33:2 increments 262:9 indicate 7:10 indicator 166:17 166:18 167:6 individual 134:8 195:22 198:14 219:12 [highest - individual] Page 22 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 90 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 individually 72:13 individuals 144:3 198:9 ,25 227:7 ,8 234:8 industrial 18:6 18:10 19:9 24:15 ,18 industries 51:2 industry 37:17 39:6 47:8 48:19 50:21 ,24 51:10 52:13 ,22,25 53:2 53:12 54:16 ,17 54:22 ,23,25,25 55:1,3,4,7,17,18 55:19 ,21,24,24 56:6,13 58:13 ,18 99:22 infer 221:7 inferior 246:18 inferred 246:13 246:21 ,22 information 16:13 74:11 ,11 74:23 75:19 ,20 76:6,9 79:3 83:21 ,21,22,24 84:4 89:4 99:16 99:16 116:15 127:10 129:21 131:17 132:1 134:6 ,14 137:8 137:13 ,22 138:10 147:5,9 147:18 ,19 152:24 158:19 161:1 162:2 164:15 165:17 166:6 167:7 ,17 172:5 176:2 195:2 ,7 205:25 215:22 217:8 231:5 232:13 ,15 232:17 233:20 240:1 ,15 261:3 informed 219:5 248:12 infrastructure 179:15 181:6 186:23 ,25 187:9 187:11 ,16 initial 48:25 113:10 175:11 237:19 initially 187:14 188:13 189:4 210:22 initiated 66:15 254:15 initiation 3:22 129:24 136:20 140:21 input 71:16 ,24 83:20 147:19 ins 106:21 inspector 182:4 install 186:24 187:8 installed 187:4 187:14 ,15 installing 194:2 instance 57:6 instruct 14:16 instructed 181:2 integrate 60:8 ,9 67:9 integrated 28:24 28:25 29:4 ,12,14 29:17,21 30:1,3 30:4 ,7,14,19 35:17 59:1 75:22 93:16,19 93:22,24 94:3,3 94:4 ,10 integration 3:19 35:21 106:5,6,8 106:11 107:17 108:24 109:11 111:2,8 156:13 157:21 ,22 158:16 162:7 163:10 ,13 227:18 integrations 47:21 48:7 71:6 71:10 75:21 109:15 110:3 155:10 intended 144:20 156:17 232:1 intent 163:6 intention 164:21 170:6 231:12 interacted 199:5 interactions 38:7 105:5 106:14 interagua 34:7 93:1 interest 24:23 interested 6:2 265:17 internal 31:1 167:21 242:15 internally 21:25 38:22 114:24 146:24 171:21 207:14 international 1:6 5:16 6:19 20:4 internet 5:8 28:16 29:6,7 34:21 ,24 interpose 80:21 interpretation 30:3 61:24 118:18 interpreted 59:3 intervenings 141:7 interview 223:5 interviews 4:16 240:8 ,15 introduce 24:25 intrude 119:18 investigate 207:14 investments 1:9 6:20 invited 43:11 187:17 188:7 invoice 48:3,4 156:9 158:10 ,13 158:15 invoices 156:7 involve 252:23 involved 14:19 34:21 72:9 77:10 96:4 101:3 102:5 ,8 [individually - involved] Page 23 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 91 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 105:12 ,16 121:5 124:9 129:19 151:12 ,14 199:10 219:1,4 230:14 254:10 257:2 258:5 ,11 261:13 ,14 involvement 95:8 100:25 101:10 103:15 103:17 105:8 175:11 ,12 189:6 243:2 irrelevant 51:12 98:19 ,20 issue 106:11 113:25 156:25 158:2 ,8 169:8 182:18 185:10 185:14 ,24 196:17 225:11 236:23 250:15 250:18 252:14 252:23 ,24 issues 136:3 145:10 ,13 160:12 ,17 166:5 169:9 ,12 171:13 176:7 177:7 227:20 236:19 236:20 249:16 250:19 j j 2:2 jairo 227:14 239:5 245:7 january 68:1 81:5,5,17 129:25 130:5 ,6 137:21 150:14 ,15,22,23 169:9 227:9 262:22 javierian 17:25 18:5 jeff 73:12 ,14,18 111:7 112:21 113:17 146:3 224:20 ,20 jefferson 17:24 18:3 jennifer 3:7 5:24 9:9 265:3 ,22 job 33:24 35:24 51:19 126:10 206:7 220:8 230:7 john 2:13 joined 157:9 198:10 joining 198:14 199:1 joint 52:8 ,8 juan 32:15 77:10 77:16 judgment 190:14 ,16 july 254:22 ,24 255:9 257:6 259:8 jumping 197:12 june 110:18 130:20 131:1,1 197:18 217:25 218:9 245:16 255:12 ,12,24,25 k keep 9:11 ,22 15:23 16:24 25:4 48:21 119:25 120:10 kept 195:17 kevin 236:10 242:23 key 9:10 164:4 166:16 ,16,17,18 166:18 kind 11:15 22:6 35:25 38:14,24 47:3 ,10,10 49:11 51:12 71:14 103:17 122:14 128:9 181:14 194:10 199:15 203:21 209:3 218:3 240:3 241:7 kinds 224:19 knew 37:17 38:8 56:6 61:16 ,16 83:7 117:19 163:12 164:15 176:1 195:14 224:16 237:3 242:22 246:20 know 8:17 9:20 10:11,15,20 17:19 18:22 24:5 ,14 28:24 29:24 33:11,21 34:19 35:15,25 37:6 38:8 39:2 41:2,22,22 42:1 42:12 43:19 49:21 50:3,5,9 52:12 ,24 53:12 53:25 54:9,15,22 54:24 55:4,6,17 55:18 ,23 57:14 58:9,22 59:20 ,24 60:22 ,23,23,24 60:25 61:2 62:19 63:6,12,23 64:1 65:11,14,17 65:19 66:15 ,18 70:2,9 74:3,16 74:19 75:1,2,5 76:20 ,22 77:13 77:13 ,15,19,21 78:4,6,24 86:3 86:23 ,23 89:15 92:25 93:5,5,6 93:10 94:18 95:7 97:8,16 98:9 99:23 100:5 101:1 ,19 103:1 104:1 ,7,16 105:21 106:3 108:4 ,11 111:10 113:23 ,24 114:23 119:15 119:16 ,21 120:1 120:19 121:10 122:12 124:5,7 124:15 125:12 127:15 131:16 133:3 ,5 134:2 ,7 134:13 135:12 135:14 142:11 144:15 146:16 [involved - know] Page 24 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 92 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 147:22 ,22 148:1 148:2 ,6,14 149:9 149:12 150:16 150:21 ,22 151:2 151:20 157:2,11 157:16 ,23,24 158:17 160:5 161:4 ,9,11 167:17 171:6,7 173:9 175:3 ,20 177:16 178:23 179:8 ,11,21 180:7 ,11 182:24 183:4 ,14 185:18 186:10 191:21 191:23 ,24 192:16 194:11 194:14 197:3 198:13 202:6 203:13 206:24 208:2 210:8 ,14 214:13 ,13 216:16 217:24 218:9 ,15,23 219:4 ,7,12 221:5 221:7 ,7,14 223:19 226:19 227:3 228:2 ,12 229:11 235:15 236:8 237:5 244:15 ,17 245:18 246:11 246:24 247:1,4 250:22 255:13 255:14 257:4,17 258:3 ,8,9,14 259:14 260:5,8 260:14 ,18,20,21 260:25 261:4,8 261:10 ,19 262:2 262:3 ,8,11,12,14 knowing 206:13 knowledge 39:9 52:10 80:16 93:3 95:18 97:12 ,14,20 110:5 117:21 151:13 194:9 232:16 235:15 knowledgeable 76:10 known 115:3 knows 53:3 54:23 ,25 55:24 75:13 137:23 kpi 166:13 ,15,20 168:10 kpis 21:11 l l 235:9 la 3:18 110:23 laid 134:8 language 24:21 24:21 71:19 109:17 220:9 languages 91:9 114:22 large 78:11 ,12 78:13 larger 68:14 89:23 lasted 90:21 ,24 101:5 late 43:19 44:24 176:6 ,6 243:14 latin 53:21 launch 196:21 launching 124:24 lawsuit 13:15 ,20 13:24 14:14,23 17:1 ,5,8,15 254:15 ,20,21,24 259:13 ,16 lawyers 14:17 ,19 190:3 layer 47:8,15,15 47:18 48:19 layers 47:4,5,17 48:12,17 lead 116:8 ,18 155:20 188:14 193:17 211:3 217:20 223:12 224:2 229:10 ,22 233:14 244:7 leader 113:11 182:19 leaders 182:7 223:12 leading 74:5 140:22 179:14 189:5 244:18 leads 203:21 learn 49:18 50:11 learned 251:13 leave 31:2 133:25 140:16 209:4 216:1 238:7 255:14 ,18 255:19 ,21,25 256:3,8 leaving 197:13 197:20 ,21 198:2 209:16 led 217:24 ledger 50:21 55:3 56:13 123:18 left 65:7 75:2 140:20 198:5 226:14 legacy 113:3 114:18 ,18,23 115:17 116:18 198:17 251:15 legal 5:22,25 14:19 203:9 ,10 263:13 lengthy 159:19 160:4 level 43:12 48:10 53:1 76:8 128:19 187:16 191:9 242:24 244:16 levels 21:10 licenses 218:22 lieu 7:4 life 258:16 liked 241:21 liliana 178:21 179:9 ,19 187:17 188:6 249:19 254:9 limits 122:16 line 111:2 149:25 ,25 150:1 202:8 263:14 [know - line] Page 25 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 93 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 lisa 208:12 209:14 215:1 list 35:20 39:18 99:3 171:20 194:18 204:17 228:7 listed 92:17 ,22 92:23 119:8 131:17 161:24 lists 72:17 170:20 little 9:20 17:18 17:19 ,20 24:11 28:3 31:5,19 33:3 35:24 38:6 40:13 42:22 47:18 49:1 65:6 73:4,4 94:15 114:3 ,3 117:13 117:14 119:19 120:10 122:21 142:16 161:2 188:25 190:6 209:20 211:11 215:20 224:14 227:23 232:10 236:3 ,16 237:23 240:3 live 44:21 66:23 90:20 99:20 128:22 130:19 130:20 ,23,25,25 131:4 141:21 151:24 152:17 181:6 190:7 ,11 190:17 191:22 192:1 ,5,11,14,20 194:20 195:1,11 196:4 ,19 217:10 llc 1:6,9 5:16 llp 2:3,9 6:18 load 167:16 loaded 175:4 ,22 175:25 located 8:6,7 53:21 ,22 log 8:23 logged 30:18 long 19:21 20:9 22:17 ,19,20 23:6 23:8,16 25:17 26:6,7,23 28:5,6 37:12 64:4 90:22 198:24 201:7 longer 68:4 119:19 238:17 look 12:3 31:19 78:25 81:13 88:19 89:7,15 93:16 94:23 98:7 112:5,8 147:15 149:23 151:10 167:11 172:21 173:6 183:1 187:20 ,25 201:10 206:9,17 213:5 222:9 ,12 225:8 227:1 231:15 249:20 looked 11:22 12:10 ,15,17 93:12 97:4 130:4 155:2 172:20 182:24 looking 70:16 91:24 111:25 112:10 ,15,15 130:16 171:15 201:23 204:20 205:20 208:3 220:17 looks 79:3 88:8 89:12 111:1,10 139:17 146:14 149:5 178:20 179:5 202:17 222:19 227:7 lopez 1:13 3:4,18 3:21 4:1,3,10,13 4:15 ,18 5:14 7:17 ,22 8:1,3,4,5 14:16 17:18 41:4 48:6 55:13 64:12,15 65:5 68:20 72:14 78:16 80:13 87:21 98:23 99:1 110:13 111:17 113:23 117:12 119:15 120:17 128:12 129:13 140:5 ,8 140:20 145:23 153:12 156:21 157:14 158:1 ,2 159:7 161:4,13 161:21 168:25 170:5 178:3 189:21 ,24 200:2 200:19 201:2 202:1 205:9 213:2 221:20 223:15 226:2,5 226:21 232:8 236:15 257:1 263:1 ,8,11 264:1 264:12 lopez's 169:16 lori 141:1 142:8 152:24 156:12 158:6 162:22 ,22 162:22 208:12 208:15 215:1 lost 72:15 73:1 153:10 lot 12:23 15:22 15:24 16:16 24:19 ,20 34:5 42:19 ,20 43:23 44:1,1,6 51:1,1 86:5,6 108:18 114:6 116:15 122:19 169:9,11 169:12 176:15 189:9 195:1 203:24 204:1 213:6 221:2 229:23 230:22 232:12 240:21 248:20 254:9 low 76:8 lunch 119:16 ,21 120:1 140:8 ,11 m ma'am 221:18 machine 158:25 213:17 madam 87:11,14 109:5 213:1 [lisa - madam] Page 26 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 94 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 mail 3:15,18,21 4:1,3,6,8,10,13 4:15,18 74:24 75:6 87:24,25 88:2,3,4,16 110:23 111:7,25 112:4 ,14,21 113:1 ,6 116:22 145:17 146:1,2 153:15 ,17,25 154:9 ,10,10,13 154:18 ,21 155:2 155:3 ,7 157:18 158:3 159:13,18 159:19 ,23 160:4 161:10 ,22 163:6 166:2 170:7 172:13 173:19 175:5 178:12,19 178:20 179:5 182:23 ,25 183:12 184:4,11 186:11 201:11 201:19 ,22 202:4 202:13 205:10 208:14 213:22 213:23 214:7 216:22 217:4 221:11 ,20 222:10 227:21 229:15 mailing 227:22 mails 3:17,20,23 4:7,9,16,19 11:13 12:14 ,15 12:17 110:17,21 111:9 145:18 159:12 175:15 221:22 222:14 223:6 227:7 242:13 ,17 maintain 32:1 maintaining 162:18 major 137:25 160:15 169:7,9 169:12 170:21 175:16 185:14 207:22 250:18 250:19 making 80:18 147:19 158:15 160:24 246:3 man 116:6 ,11 manage 21:12 22:12 51:6 127:3 156:1 ,19 196:14 managed 86:25 155:22 220:10 management 18:8,9,22 19:2 20:22 ,24,25 21:2 21:16 22:4 27:12 33:24 45:25 49:7,8,10 50:23 51:8 99:3 99:13 121:23 127:11 132:20 132:24 142:15 147:20 160:13 160:17 161:24 165:1 ,4,8 166:13 166:22 167:9,14 167:19 ,25 168:10 ,20 169:1 170:12 ,18 172:12 198:3 258:23 260:6 manager 23:13 23:15,17 25:7,11 26:7 ,24 27:2 ,12 28:6 31:12 ,15 33:7 ,7,8,17 36:13,16,21 48:25 49:3 ,22 50:3 72:21 117:19 127:10 141:25 142:4 ,20 142:23 143:8 ,11 143:23 147:2 ,3 152:22 160:20 165:10 170:16 176:23 186:17 186:19 190:19 190:21 197:14 197:18 ,20,21 198:5 199:11 210:1 211:14 238:14 ,18,23 239:12 ,16 managers 51:2 80:6 144:12 ,18 144:21 ,23 145:2 147:11 ,14 156:1 162:20 165:12 170:13 ,25,25 managing 26:21 manner 7:8,9 84:2 166:9 manpower 116:8 maral 2:2 6:10 7:13 59:14 80:23 111:18 117:13 139:18 189:10 199:22 march 88:5,25 89:7 206:10 209:20 213:22 213:23 228:5 262:25 mark 110:9 158:23 177:23 200:22 212:19 213:14 221:16 226:16 marked 4:20 87:8 110:7 145:16 153:1 158:21 177:22 201:1 212:17 213:10 221:9 226:13 market 37:14,16 38:10 39:14 ,21 40:2,11,16,24 41:6,11 53:14 54:2 56:16 148:25 216:17 markup 111:8 mary 105:2 master 107:24 108:2 ,5 115:12 125:4 130:11 ,14 137:15 175:13 196:15 229:18 material 184:1 materialized 127:13 math 209:8 215:18 [mail - math] Page 27 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 95 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 matrix 61:13 ,14 62:5,11,16 63:2 63:6 76:12,13,19 120:25 121:2,5 121:11 ,16,17 122:2 ,9 124:6 167:19 247:8 matrixes 61:18 matter 5:15 7:6 71:20 ,21 91:8 99:7 106:12 143:3 172:4 209:5 223:17 matters 132:24 265:8 mba 18:7,15,17 18:20 19:5 mcclune 238:14 mean 15:15 16:19 28:25 32:12 38:13 40:18 46:23 47:11 52:24 53:16 54:19 56:21 57:13 58:14 60:13 81:10 82:13 83:9 84:2,25 90:19 91:20 93:19 94:21 97:1 122:25 123:4 125:18,19 128:3 136:12 158:10 162:10 184:9 203:6 205:1 ,3 210:5 214:21 239:9 247:14 256:22 261:6 262:22 ,24 meaning 166:20 means 20:17 46:25 52:11 ,11 71:19 122:23 136:24 155:23 166:17 187:7 223:21 224:9 251:22 256:11 meant 120:16 122:23 205:3 223:16 measure 84:5 measured 197:25 198:1 measurement 166:20 measurements 166:21 media 5:13 64:7 64:11 120:14 139:25 140:4 189:16 ,20 225:22 226:1 263:12 medium 24:22 meet 11:7 12:24 14:3 131:8,15 174:9 208:21 215:4 238:16 meeting 8:23 13:1 37:8 172:8 187:18 ,18 188:6 195:6 208:10 ,12 208:18 ,21 209:8 209:13 ,15,18 214:8 ,22,23 215:1 216:25 228:5 230:24 239:25 240:4 ,5,6 241:12 249:25 250:8,10 meetings 4:6 14:2 37:9 38:14 38:14,24 39:12 45:13 147:10 151:2 170:24 175:14 188:24 209:10 236:13 242:15 243:10 243:11 ,13,16 244:21 ,22 245:3 245:9,11,12 247:23 ,23 251:9 259:25 memorize 183:24 memory 28:3 187:21 213:8 memos 11:17 ,18 11:19,22 mention 44:11 48:9 117:2 244:20 mentioned 12:2 12:14 18:2 38:8 41:15 42:21 43:1 44:25 56:17 58:9 65:8 73:7 76:12 95:19 103:8,20 104:20 114:14 131:6 141:9 145:14 151:20 172:19 174:12 179:20 192:25 195:5 202:3 ,19 210:6 216:14 232:15 234:7 236:19 239:22 254:1 258:18 259:11 261:18 262:2 mentioning 84:21 mercado 4:6,8 37:22 40:1 41:5 110:22 178:13 194:5 202:6 ,14 222:1 merging 53:4 message 209:1 216:5 ,20 225:12 met 208:21 214:6 238:15 method 106:17 methodologies 21:15 48:14 144:25 methodology 32:2 38:18 45:22 46:1,15,18 46:19 ,24 48:11 129:1 metric 166:18 167:18 metrics 167:22 michelle 198:14 199:2 206:12 ,16 207:21 208:10 208:11 ,12,16 214:6 215:1 ,4,9 215:12 ,16 217:9 238:7 [matrix - michelle] Page 28 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 96 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 microphone 65:6 117:13 236:16 microsoft 80:2 135:20 ,22 136:22 mid 133:7 256:2 middle 122:13 122:16 ,19,22 127:1 214:11 migratiom 4:18 migration 113:13 221:2 222:5 ,22 224:1,2 224:22 225:15 227:17 ,20,24 228:1 ,6,12 229:19 ,25 231:16 ,24 migrations 226:15 milestone 3:19 15:14 ,15,17 17:2 37:2,3,5,6,13 38:8,10,18 39:13 39:20 40:15 41:13 ,16,19,24 43:4,14 44:9 45:1,12,18 46:5 46:6 56:14,17,18 56:23 ,24 57:2,6 57:10 ,15,18,24 58:8,25 59:4,8 65:12 94:19 ,23 95:18 ,20,21 96:21 97:5,8,9 97:16 ,24 98:7 99:24 105:11,16 108:24 109:10 109:13 111:2,3 112:23 115:16 115:17 ,18 116:16 ,23,24 156:16 158:7,14 196:4 219:13 ,19 223:12 ,18 224:10 227:8 228:10 232:24 233:2 ,3,11,20 258:5 260:19 ,22 260:25 261:8,13 261:15 262:3,8 milestone's 58:21 59:20 ,25 60:3,7,10,14 62:9 63:7 ,23 100:5 261:19 milestones 170:21 ,21 mina 254:7 mind 9:11 26:8 73:22 82:6 216:9 218:24 minute 196:3 minutes 59:17 120:3 ,14 169:6 170:21 225:19 263:25 miscommunic... 230:12 misinterpreted 46:14 misleading 147:13 misrepresent 103:10 ,11 missing 33:6 73:20 151:4 195:15 misstates 205:7 244:24 mistake 171:17 225:2 mistaken 245:1 245:4 mistakenly 225:2 mitigate 127:13 152:6,8,8 mixed 197:17 mixture 182:6 mobile 54:7 model 128:25 modification 123:8,19,21,25 modifications 123:1,5 modules 29:15 30:5 moment 23:1 36:12 88:21 143:1 152:23 164:24 165:16 208:24 248:11 248:11 252:5 moments 131:12 155:17 247:22 mona 105:2 141:1 208:12 215:1 235:7 money 203:24 203:25 210:9 ,24 210:25 211:3 monitor 170:13 month 22:23 36:17 66:14 68:5 79:9,13 128:21 ,21 137:19 253:11 monthly 253:16 253:17 262:13 months 19:24 26:20 27:2 68:13 89:24 90:18 ,19 91:3,3 91:7,13,14,20,21 93:11 ,12 196:10 206:13 261:4 morning 5:3 6:10 7:22,23 mouth 117:14 move 37:14 65:6 111:11 117:13 136:9 ,24 137:6 184:24 243:20 243:20 moved 169:19 movement 204:6 moving 15:24 16:24 mpsa 108:9 ,12 120:18 ,19 121:6 121:12 ,17 124:18 125:8 126:4 127:17 ,24 128:11 ,15 130:14 140:22 141:4 148:6 245:19 247:2 multiple 12:7 73:16 186:16 [microphone - multiple] Page 29 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 97 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 225:1 232:14 municipalities 119:8 municipality 117:22 ,24,25 118:1 ,7,7,16 muted 6:16 n n 3:10 5:1 198:21 name 5:21 7:11 7:24 30:11 45:25 74:4 89:9 118:2 135:12 141:1 178:23 179:1 183:24 189:7 254:11 257:12 ,15 named 77:10 198:14 219:12 names 43:10 ,16 63:16 73:17 ,17 134:13 198:13 235:11 narrow 42:22 nature 10:1 185:24 near 196:11 necessary 156:16 need 10:3,11,15 10:19 29:2 47:1 48:11 49:7 64:4 71:16 75:19 80:2,20 82:3,7,7 82:7 83:8,12,12 83:23 ,24 84:8,8 87:11 92:13 98:12 99:14 ,14 99:15 ,21 106:13 106:16 ,17,23,24 111:17 114:8 120:9 123:16 ,17 126:19 ,21 131:11 133:5,7 137:8 ,12,16,21 137:25 138:11 139:5 156:8 161:3 ,4 164:3 ,3 164:6 ,14,16,16 171:2 188:10 ,11 188:14 202:20 202:20 ,22 204:16 207:9 210:21 216:18 222:10 228:13 230:9 ,9 231:19 231:20 250:6,21 250:23 ,25 needed 27:14 68:16 74:11 83:17 96:14 115:14 123:2,14 133:13 ,18 134:17 137:13 142:15 143:22 156:14 167:14 172:11 186:24 187:3 189:1 205:16 230:13 234:13 237:10 237:12 ,13 239:3 240:21 241:18 242:5 ,8 243:21 244:17 248:22 needing 199:15 needs 23:2 44:19 49:9 53:6 55:11 80:8 84:1 156:5 210:8,9,18 negative 119:12 119:12 220:1 negotiate 209:2 215:25 216:7 negotiated 103:9 218:12 negotiating 104:22 negotiation 202:21 215:13 216:13 ,13 negotiations 68:5 100:18 ,19 100:25 101:1 ,2 101:11 103:12 127:9 217:24 218:3 219:1 242:19 245:17 negotiator 244:7 neither 229:5 net 47:22 neutral 203:14 never 41:19 181:3 212:9 251:3 new 20:18 23:12 32:4 87:12 170:25 175:12 241:5 nice 140:8 nine 90:18 ,19 91:3 ,7,13,20 92:22 nodded 134:23 159:3 noise 11:4 nokia 180:25 nonlegal 203:12 nonworking 137:5 nope 8:13,25 219:3 226:12 norma 19:18,19 19:20 ,22 20:1 normal 171:16 193:15 197:23 204:3 206:2 263:19 normally 21:23 44:15 52:21 61:25 63:16 ,18 70:4,6,12 71:6 72:2 76:1,7,9 77:2 79:4,21 80:1,3 81:25 82:21 84:6 85:9 85:10 114:17 115:8 132:20 ,23 134:15 139:2 144:24 147:14 170:23 ,25 176:24 181:25 182:7 187:19 188:12 ,25 193:14 ,14 196:7 204:1 206:7 236:10 north 26:18 74:6 148:25 216:17 notary 3:8 264:20 265:4,23 [multiple - notary] Page 30 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 98 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 note 5:5,20 169:15 224:11 notebooks 19:12 19:18 ,22 20:1 noted 40:22 notes 8:14 265:13 notice 3:1 15:6 170:19 172:9 201:20 noticed 15:6 noticing 6:9 notifications 47:21 november 28:8,9 36:18 ,20 154:4 154:11 ,22 168:13 number 5:13,18 35:14 43:24 64:7,11 71:23 87:12 139:25 140:4 153:9 159:15 189:16 189:20 193:4 218:6 225:22 226:1 234:7 ,8 263:12 numbers 91:2 208:10 214:12 214:25 215:8 217:13 231:1 nunez 4:1,3 32:15 ,16,19 173:20 ,23 174:22 175:6 202:7 ,14 213:24 215:9 nyw 1:2 5:19 o o 5:1 235:9 oath 7:4,9 264:4 oaths 265:5 object 53:5 118:15 173:12 objection 13:17 15:10 17:12 21:21 24:17 25:9 29:1 ,9 30:2 30:16 33:12 35:19 39:4,15 40:3 41:7 43:21 45:14 46:11 49:23 50:8,13 52:3 53:15 54:18 55:25 56:20 57:8,12,20 58:2,6,19 59:22 60:4,12,16 61:22 62:13 ,18 63:10 67:7,18 68:3,25 69:18 70:3 76:21 77:11 79:17 ,24 80:21 81:7 83:3 84:24 85:7 86:2 ,15 91:4 92:2 ,10 93:18 94:20 95:2,23 96:25 97:11 ,18 98:17 100:22 103:16 104:12 105:14 105:20 109:2,12 113:8 121:7 ,14 121:19 122:5 123:6 124:4,19 126:16 127:18 128:1 129:8 130:8,22 131:18 132:19 134:11 135:3 136:15 141:13 143:15 144:5 161:7 163:4,24 168:2 168:17 ,22 169:14 174:6 ,19 175:9 176:9,14 177:9 180:3,9 186:12 190:12 191:13 192:2 ,12 193:5 194:7,13 194:24 197:22 204:24 205:7 ,12 205:13 208:6 210:4 211:19 217:6,17 218:1 218:18 220:3 ,21 221:4 222:25 228:18 ,23 233:7 237:2,8 238:20 242:6 244:9,14 244:24 245:21 247:13 ,18 249:6 249:11 252:18 255:2 256:20 257:7 258:19 262:5,10 objections 6:3 7:8 observations 215:5,15 obtained 193:21 obvious 126:24 obviously 58:23 182:13 247:6 248:14 occidente 24:2 occurred 85:24 86:19 180:6 occurring 105:18 245:11 october 20:10 133:7 146:3 147:24 149:4,7 149:13 odd 201:19 offer 72:3,16 79:4 116:4 132:22 215:24 offered 240:24 240:24 offering 261:24 offers 260:24 261:12 offhand 36:12 office 20:23 ,25 21:2,8 22:4 offices 37:11 66:25 oh 47:24 111:14 128:8 230:21 232:3 253:17 ,22 255:19 okay 8:2,4,5,11 8:17,24 9:1,4,25 10:5,13,22,23 11:9,15 12:6,9 13:4,8,23 14:6 14:21 15:9,12,17 16:12 ,16,21 [note - okay] Page 31 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 99 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 17:11 19:25 20:3 23:7,16 24:14 26:13 ,15 27:4,7,17,24 28:13 ,23 30:8,21 31:3,8 32:16 33:11 ,14 34:2 35:4,15,23 36:2 36:5,19 37:1 38:1,5 39:1,22 41:2,9 43:18 44:5,6 45:8,11 45:20 46:3,8,22 48:6,22,23 50:2 50:17 51:17 52:5 53:3,11,23 54:13 56:2,5 58:17 60:22 ,24 60:24 61:7,10,20 62:4,9 63:4,20 63:22 64:3,21 65:19 66:11 ,19 66:23 67:1,25 68:19 69:13 ,16 70:1,19,25 71:18 71:22 72:4,15 73:7,18,23 74:1 76:11 ,23 77:18 78:3,11,18,21 79:11 81:9,18 82:13 84:7 87:1 87:9,24 88:8,15 88:21 ,23 89:3,17 90:6,8,10,14 91:16 ,23 92:7,25 93:9,14 94:1,6,6 94:14 ,16 95:17 96:12 ,19 98:2,6 98:10 ,13 100:16 100:24 101:13 102:4 ,8 103:2 ,8 104:8 105:6 ,11 108:6 ,8,9,10,17 108:20 109:25 110:13 ,16,21 111:1 ,20 112:9 112:13 ,18,19,20 114:5 ,16 116:14 116:22 117:16 118:5 119:11 ,14 120:2 ,4,6,12,17 121:9 122:7 123:23 124:5 125:5 126:6 ,12 127:14 128:15 128:19 129:3,17 129:23 130:4 131:4 132:3 133:8 ,20 134:5 135:1 ,7,11 136:8 136:17 137:14 137:18 138:14 140:16 ,20 141:9 142:2 ,6,9 144:13 144:15 145:14 145:22 ,25 146:6 146:13 ,19 147:4 148:5 ,10,14,19 148:23 149:4,12 149:22 150:3,7 151:6 ,10 152:14 153:2 ,15 154:4,7 154:13 ,15,15,19 154:23 ,25 155:1 155:6 157:25 158:9 ,12,16,22 159:1,7,10,18,22 160:2,4,19 161:20 ,23 162:1 162:16 ,21,24 163:19 164:25 166:10 ,23 167:24 168:7 ,19 169:1 170:2 172:13 ,17,23,24 173:14 ,16,22 174:8,12,21 176:11 177:18 177:23 178:6 ,9 178:10 ,18,25 179:3,7,8,11,16 179:20 ,25 180:5 182:21 ,22 183:2 183:2,6,10,11,11 183:18 ,22 184:6 185:16 ,23,25 188:1,5,18,22 189:23 190:10 190:24 191:6 ,20 191:20 192:8 ,23 197:2,6,6,12,16 197:18 198:4 ,8 198:19 199:3 ,7 200:5,19,21 201:5,8,9,10,12 201:13 ,24 202:3 202:11 ,17 203:2 203:10 204:15 206:4,8,20 207:16 209:1 ,8,9 209:19 ,23 212:18 213:5 ,9 213:21 ,22 214:2 214:5,11,20 215:7 ,18,18,22 216:15 ,20 217:3 217:23 218:7,11 218:15 ,25 219:7 219:12 ,17 220:25 221:19 222:12 ,15 225:18 226:10 226:21 ,24 227:2 227:5 ,6,12,19 230:6 232:21 233:1 ,5 236:17 236:23 237:5,11 238:2 ,13 239:7 239:11 ,15,18,22 240:3 241:10 242:18 243:5 244:6 ,11 245:10 245:10 ,14,16 246:2 ,25 248:24 249:3 250:21 252:13 ,19 253:9 253:17 254:18 254:21 256:15 258:8 ,13 259:1,6 259:11 ,17,17 260:11 262:16 262:22 263:1 older 18:14 35:6 once 30:21 58:23 80:5 186:16 206:25 ,25 one's 212:23 ones 38:24 42:12 52:13 67:9 73:4 91:23 94:8 114:19 122:23 171:11 191:4 [okay - ones] Page 32 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 100 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 192:19 204:18 237:9 241:1 ,5 247:6 251:9 261:11 ,14 ongoing 248:1 open 1:6,9 5:16 6:19,19 8:20,22 11:20 13:16 ,21 13:24 14:14 ,17 15:18 17:1 20:4 20:9,20 21:4 22:21 23:3,12 26:14 29:25 30:9,13,23 31:2 33:14 ,21 34:3,19 35:16 37:6 38:9 39:13 40:1,2,10 40:16 41:4,10,12 41:23 43:20 44:7 45:18 48:10 49:10 52:1 53:11,14,18 53:23 54:7,16,23 55:3,15,16,24 56:6,24 57:6,6 57:10 ,16,19,24 58:17 59:20 ,25 60:2 61:7,10,14 61:21 63:7,23 65:11 67:2,3,21 68:21 69:8,16,22 70:21 74:2,16,18 75:2 77:19 78:10 ,20 80:6,7 81:2,20 83:1,8 86:22 89:20 ,22 94:19 ,25 95:20 95:22 96:20 ,22 97:3,10 98:3 100:18 101:16 103:23 104:23 105:18 107:23 108:2 ,11 114:12 114:20 115:5,16 116:2 ,15,25 117:3 ,19,20,21 124:6 ,16 125:25 127:16 ,20,25 128:23 129:4,4,6 129:8 ,11 134:8 135:24 136:13 143:25 144:3,22 146:22 148:7,24 151:14 162:21 163:17 165:9 167:21 171:19 172:11 177:8 178:15 179:12 179:19 ,21 181:17 ,19 182:10 ,15 183:19 ,21,24 186:1 ,9,10,24 187:4 ,10 190:15 191:2 ,4 193:13 193:16 194:9,12 194:21 197:3,8,9 209:5 210:1 ,10 211:16 217:25 218:13 ,17,21 219:8 220:20 221:1 222:4 ,4,17 222:21 ,21 224:24 225:4 227:7 ,14 228:10 233:2 ,3 236:25 237:6,21 238:18 239:12 241:4 ,12 242:3,4,5,5,11 242:20 243:6 244:8 245:17 ,18 247:16 250:13 251:16 253:2 ,3 253:11 ,12,12,21 253:23 254:13 254:15 255:1 256:18 257:4 258:14 ,15 259:7 259:13 260:18 260:21 ,25 261:8 261:15 ,19,20 262:3,8,18 open's 16:9 ,9 21:20 22:10,14 26:17 57:4 62:6 63:8 65:14 71:12,25 72:10 73:10 77:9 86:18 89:13 125:7 148:11 165:14 176:8 181:10 204:21 217:20 232:22 237:1 opened 8:23 143:25 operation 34:11 52:23 53:3 196:12 231:24 operations 25:21 operative 114:17 187:2 opinion 94:19 ,21 98:15,18 174:1 191:1 223:4 228:21 ,21 opposite 79:12 opposites 122:12 options 241:4 oracle 19:16 179:18 187:15 order 22:5 27:14 43:12 44:20 49:19 75:20 80:2 82:3,9 83:13 84:9 85:13 98:6 115:21 116:6,12 126:10 131:10 131:15 138:5 145:12 149:11 152:5 ,7 156:8 165:13 166:5 167:16 171:22 186:20 187:3 189:2 192:25 229:3 263:19 orders 263:15 ordonez 73:20 75:7,8 76:17 ordonez's 75:9,9 orient 178:11 oriented 88:16 114:4 145:21 146:1 153:24 154:8 ,16 159:10 original 54:14 158:24 172:20 173:5 originally 197:16 [ones - originally] Page 33 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 101 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 osf 16:8 22:15,16 23:25 29:8 42:12 45:19 59:3 180:15 ,18 outcome 6:3 265:17 outlined 132:17 outside 211:12 outstanding 191:25 192:10 195:25 overall 13:1 55:1 139:4 155:23 217:12 ,20 218:23 244:16 overlap 9:15 owned 118:9,10 owns 118:22 p p 5:1 p&t 42:15 43:11 43:20 164:7 p.m.140:1,2,2,5 153:11 ,11 157:6 157:6 ,8 189:17 189:18 ,18,21 200:15 ,16,16 225:23 ,24,24 226:2 263:10,24 pablo 32:15 110:22 packet 212:21 page 3:11,14 78:13 ,19 79:2 129:24 153:17 213:7 pages 159:12 264:6 paid 217:16 paragraph 170:6 215:14 paragraphs 160:8 parameters 47:20 83:23 parent 162:6 256:3 parental 255:14 255:18 256:3 parentheses 164:9 parentheticals 228:10 parrott 4:10 ,13 14:22 15:3 74:7 88:3 146:3 213:24 215:8 217:4 244:12 245:14 part 22:13 33:24 38:11 39:12 43:10 ,20 45:11 45:17 49:25 51:4 56:18 60:25 62:5,6,15 66:21 67:16 ,22 68:21 69:6,8,13 71:15 ,25 72:18 72:20 77:9 78:20 79:4 80:19 81:20 92:4,25 94:17 ,25 95:3,5,5 96:3 101:2 102:23 ,25 103:3,5,12,23 106:5,7 107:16 107:17 ,17 108:23 109:9 121:16 124:17 126:3,10 127:23 130:10 142:2 144:1 172:9 181:6 204:4 224:7 partial 225:16 participants 5:8 157:4 participate 38:15 63:11 77:3 106:1 121:20 175:14 participated 38:20,22,24 45:6 57:2 73:21 77:14 101:3 254:12 259:24 participating 6:25 234:19 particular 23:19 133:23 138:10 147:20 particularities 82:19 136:23 particularly 146:18 172:11 parties 5:12 7:7 139:8 156:18 265:9,16 partition 253:7 partitioning 252:15 ,21 253:2 253:4,8 partner 15:17 37:13 partners 56:14 95:9 partnership 260:19 parts 232:14 party 6:1 135:8 138:3 pass 127:6 171:1 216:5 ,20,22 225:14 passed 85:13 passes 127:10 paternity 255:19 255:21 patience 200:20 paul 2:8 6:17 7:15 11:7 64:18 80:24 87:19 91:17 92:13 98:24 110:10 140:12 153:8 159:4 161:14 177:25 190:3 200:8 212:20 221:13 ,17 226:9 226:17 paula 88:10 pause 84:18 paused 248:8 pay 236:25 237:6 payment 158:15 262:3 ,7,13,15 pays 262:3,8 pdf 172:20 [osf - pdf] Page 34 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 102 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 pdswanson 2:11 pedro 73:19,19 76:5 pena 3:18 110:23 111:3,9 penalty 7:6 pending 10:21 13:15 ,20 16:25 195:2 ,15 196:23 196:24 208:17 237:17 people 14:12 21:9 32:6,24 39:19 42:5,11,14 42:16 ,21 43:11 43:16 ,20 44:15 44:17 45:5 52:24 67:12 70:24 71:1,23 72:12 74:24 77:3,4 88:4 90:11 95:9 101:12 104:5 117:10 124:8,11 124:13 127:16 127:19 129:18 136:1 159:15 176:25 ,25 178:15 180:7,17 191:3 193:18 223:3 227:23 230:1 ,6 231:22 232:23 ,25 233:22 ,24 234:10 242:4,5 247:20 ,24 248:20 249:19 perceive 220:22 perceived 240:23 percent 143:20 166:14 167:9,14 168:11 188:15 192:14 ,16 193:1 193:21 196:1 197:4 ,7,8 216:8 216:9 218:20 ,21 219:2 ,2 229:12 246:7 percentage 141:11 167:25 193:10 ,25 208:20 209:4 212:11 218:15 218:23 percentages 208:4 perception 39:18 39:24 176:18 perceptions 240:9 ,13 perfect 120:15 perform 123:13 periasamy 178:22 period 11:25 31:15 33:16 43:18 89:21 119:16 128:21 128:22 196:21 perjury 7:6 permissions 201:6 person 7:5 22:22 22:24 27:10 32:1 72:5 75:13 76:25 172:2 185:1 189:8 190:25 ,25 220:4 220:7,24 222:3 222:20 223:20 224:2,9,21,25 225:15 ,16 231:20 ,20,20,21 234:11 235:23 236:1 242:12 personal 24:22 232:16 243:2 personalities 220:5 personality 220:6 personally 38:11 45:21 82:6 252:14 254:25 personnel 70:11 persons 141:3 perspective 33:25 49:7 ,8 52:15 57:3 61:23 74:5 75:17 99:4 106:13 126:20 126:21 127:7 156:11 181:10 196:11 245:22 248:1 pertaining 255:1 phase 138:1 139:7 phone 2:5,10 242:12 phrase 56:22 129:16 physically 7:1 8:9 141:16 ,17 pick 233:14 picture 76:2 223:8 piece 63:19 pierce 2:8 6:18 7:16 13:5,5 64:22 pierson 13:2 pile 11:8 107:3 ,4 107:7 ,7,9,10,11 107:12 place 5:12 51:12 115:23 165:21 167:5 187:3 193:8 194:1 195:9 204:11 210:16 247:9 265:10 placed 152:18 plaintiff 1:4,7 2:2,7 3:5 5:15 6:11,14 plan 12:6,11 71:17 76:3 80:10 81:16 83:13 128:20 ,20 131:2 133:6 134:16 ,20 135:4 135:7 ,25 137:15 138:5 155:8 ,12 155:13 156:13 158:16 162:4,10 162:16 164:17 164:17 169:5 [pdswanson - plan] Page 35 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 103 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 171:6 175:13 195:12 ,13,24 199:9 201:22 239:1 241:2 248:5 planned 169:8 170:10 ,12 184:19 planning 3:22 133:10 ,12 135:24 136:20 139:1 ,3,4,9 155:17 ,18,19,20 155:25 156:15 184:20 185:4 217:8 ,9 237:14 plans 11:17 ,17 12:2,3,4,13 134:14 138:16 153:3 ,3 155:24 174:15 175:1,16 175:17 platform 180:8 180:16 ,19,24 play 24:19 25:1 please 5:5,20 6:4 7:10,24 59:23 67:19 109:4 ,6 111:13 159:23 167:2 172:22 173:6 183:8 188:10 ,13,14 200:13 201:11 208:25 216:5,6 228:2 231:16 245:1 249:23 256:21 257:23 263:14 ,18,21 plug 106:21 ,24 plugs 106:14 ,21 plus 121:24 251:9 pm 198:2 228:5 235:24 pmo 20:15 ,16,19 20:21 21:7,12,17 21:19 ,20 22:3 ,7 22:10 ,18,25 23:1 23:2,6,14 27:9 27:11 30:25 31:2,3,8,20,23 31:25 32:17 ,21 36:10 49:2,17 67:8 70:5 71:15 72:16 76:9 85:9 160:25 163:17 165:4 170:8 176:22 210:1 211:15 239:19 255:5 256:8 ,11 256:12 ,17 pmos 21:10 ,23 33:2 pocket 14:8 point 48:13 51:5 55:14 93:24 95:10 ,19,21 115:10 122:20 163:20 168:25 183:4 189:11 192:14 ,16 193:24 195:19 195:25 197:3 215:13 ,24 216:21 221:1 238:2 ,17 241:25 248:21 256:7 pointed 211:13 points 85:12 186:7 215:3 240:17 pool 147:1 poor 231:6 ,8 232:16 233:20 poorly 23:5 portal 58:21 ,24 59:5 ,5,7,7,20,25 60:3 ,7,10,14 62:6 63:5,23,24 65:8 ,10,11 102:6 149:24 150:4 ,16 150:23 151:2 ,9 151:15 261:19 261:20 ,22 262:4 262:9,18 portal's 63:7 portfolio 21:16 portion 52:2 98:8 196:19 position 13:3 20:14 25:8 74:2 204:18 ,21 206:15 207:16 223:13 236:2 positive 119:13 positively 113:19 possibilities 14:23 241:24 possibility 199:18 possible 14:24 68:9 85:20 126:11 129:20 151:11 ,12,25 152:9 202:23 203:3 ,16 205:9 205:10 206:1 242:24 256:5 post 128:21 potential 74:12 76:3 96:6,10 210:12 217:5 potentially 217:22 power 92:5 236:3 practice 55:2 56:4 115:7,7 144:25 181:3 252:2 practices 55:20 precise 46:1 103:18 106:6 214:23 prefer 246:23 premise 187:7 premises 131:21 132:5 134:1 ,2,2 preparation 10:24 11:2,5 13:11 prepare 11:6 102:16 106:18 present 2:13 5:2 6:6 7:1 40:9 66:19 ,21 102:12 104:24 141:15 141:17 151:1,1,2 175:12 205:17 208:10 228:5 [plan - present] Page 36 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 104 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 presentation 101:9 102:16,17 103:5 105:6 ,7 133:4 ,15 150:9 150:12 151:8 240:23 presentations 38:21 66:2 101:3 102:19,23 103:4 105:17,25 127:9 131:23 132:5 143:19 presented 38:16 59:20 ,25 67:11 87:4 101:6 105:22 194:5 209:9 240:1 president 32:15 77:24 ,25 78:1 pretty 82:22 previous 146:10 184:11 265:6 previously 4:20 70:7,8 145:16 primary 17:23 191:17 principal 234:14 234:15 prior 40:7,8 50:6 50:11 ,12 53:19 56:9 65:14,17,20 66:14 86:14 ,19 107:20 108:21 109:8 117:21 125:13 143:5 181:17 250:11 259:25 260:15 private 118:11 privileged 14:18 proactiva 90:3 92:5 93:1 probably 15:25 43:19 89:8 113:23 120:2 209:20 problem 11:4 84:19 87:18 165:20 167:16 173:25 180:12 180:21 249:5,10 249:23 250:1,4 251:5 ,5 252:7 257:13 problematic 230:13 250:6 problems 136:2 138:15 171:16 220:10 221:2 222:5 ,22 230:19 249:13 250:13 procedure 3:2 procedures 27:13 50:22 proceedings 6:4 157:10 process 15:1 59:12 65:22 67:10 ,11 70:12 71:3 85:10 95:4 96:3,5 101:21 106:8 116:8 121:23 127:12 138:18 139:14 152:22 158:13 164:4 171:1 ,1 181:23 182:5 ,17 185:11 188:15 196:7 205:15 210:17 211:3 220:15 224:2 ,7 224:22 230:15 230:18 231:16 234:15 258:22 processes 42:18 52:14 55:6 70:17 77:2 83:22 133:4 138:11 ,12 160:13 ,18 164:11 ,12,18,19 165:3,8 169:6 170:9,11,12 171:24 172:3 182:3 193:24 195:3 196:23 235:10 produce 152:21 produced 12:5 19:12 144:11 product 16:9,10 38:20 42:17 46:5 ,15,21,25 47:17 66:17 77:4 ,24,25 78:1 88:12 99:5 ,5 124:10 148:21 149:15 ,16 177:4 195:8,11,16 196:22 222:4 ,22 240:20 243:18 production 19:12 56:19 151:19 179:23 180:2 ,8,13,16,20 181:7 ,13 182:8 182:21 231:23 products 22:15 75:24 99:6 124:24 195:2 professional 18:21 20:15 ,16 20:20 ,22 22:18 23:6,14,15 32:1 32:14 42:4,10 44:14 45:3 107:24 108:3,5 115:13 125:4 130:11 196:15 229:18 programmer 113:12 progress 144:3 144:16 145:6 project 4:8 11:14 ,16,17,24 12:4,5,6,11,13 12:20 15:18 16:3,4,5 18:7,9 20:24 ,24 21:2 22:3,11 23:12 ,12 23:13 ,14,15,16 23:18 ,19,20,24 25:3,4,7,11,12 25:19 ,20 26:1,3 26:6,7,7,9,16,17 26:24 ,25 27:1,2 27:3,12,12,15,17 27:20 ,22 28:6,7 28:10 ,14 29:5,22 30:22 31:11 ,12 31:14 ,15 32:2,3 [presentation - project] Page 37 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 105 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 33:7,7,8,17 34:20 36:6,8,12 36:13 ,16,16,19 36:21 37:12 40:8 45:6,25 48:25 ,25 49:3,7 49:10 ,17,22,22 50:3,12,23 51:2 51:6,7 52:1,2,6 53:13 56:7 59:19 61:1 65:10 66:15 69:21 71:12 ,17 72:21 ,25 79:19 80:6 82:11 83:20 90:21 ,24 93:1,6,8,11 98:12 99:3,13,13 102:3 104:22 108:7 ,23 109:9 115:1 117:9 ,19 121:21 126:14 127:2 ,10,15 128:17 ,20 129:25 132:20 132:24 133:10 133:11 ,11 135:21 ,22 136:14 ,20,22 139:2 ,13 140:22 140:23 ,25 141:7 141:11 ,25,25 142:4 ,20,23 143:8 ,8,11,23,24 144:2 ,11,12,18 144:21 ,23 145:2 145:6 ,9 146:7 147:2 ,3,11,14 149:1 150:17 152:7 ,22 153:3 155:8 ,21,23 156:1 ,2,19,19 160:13 ,17,20 162:4 ,14,16,17 162:20 164:8,10 164:14 165:10 165:10 ,12,13 166:11 168:9,14 168:15 169:2,5 170:12 ,13,16,17 170:18 ,24,25 171:6 ,21,23 172:12 173:25 174:3 ,23 175:1,7 175:12 ,13,16,16 176:23 ,24 181:21 182:12 182:19 186:7,17 186:18 190:8,19 190:19 ,21 191:5 191:19 ,19 194:18 197:14 197:18 ,20,21,24 198:3 ,5,5,10,15 199:1 ,10,11,19 202:8 ,19 204:17 206:13 207:1,6,7 208:1 209:15 ,16 209:25 210:2,11 210:13 ,17 211:14 ,18 212:3 212:13 214:7 217:21 219:18 219:20 220:5 221:3 228:16 ,21 231:22 233:3,14 234:22 237:1 238:3,8,8,14,18 238:22 ,23 239:12 ,16 242:21 243:12 243:20 245:5 ,6,8 247:3,11,12,17 247:25 248:1 ,8 248:25 249:5 251:19 254:14 257:8 258:4,22 258:23 ,25 259:23 ,25 260:6 262:19 project's 4:1,4 projected 127:16 projects 21:12 21:17,24 22:1,1 22:4 ,12 26:21 33:18,25 34:3,9 34:13,14 35:25 52:17 73:4 ,5 80:1 ,2 82:16 ,23 83:1 90:24 92:17 93:14 99:25 100:6 117:18 ,20 136:25 211:15 211:23 212:5 ,12 255:1,3,8 256:11 256:13 ,18 257:2 261:1,9,16 promise 80:14 promised 202:4 promote 182:8 182:21 promoted 30:24 30:25 181:12 pronounce 179:2 proper 165:5 properly 182:15 251:24 proposal 59:21 61:5,8,10,12,15 62:6,11 63:9,24 65:15 67:1,16,22 68:22 69:8,13 72:1 77:9 78:10 79:22 ,22 81:1,20 84:23 94:25 100:20 104:23 105:12 ,19 125:7 136:21 148:8 215:12 216:2 248:6 260:16 261:9 proposals 72:8 72:24 73:3 260:22 ,23 261:1 propose 69:19 69:20 proposed 67:3 69:16 ,23 73:10 78:20 80:19 81:4,15,20,22,24 82:15 85:20 86:14 89:11 94:24 96:22 97:4,10 98:3,8 103:24 124:16 125:7 130:5 215:9 proposing 72:9 79:15 84:13 prospects 32:4 [project - prospects] Page 38 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 106 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 provide 9:13 21:14 39:5 49:12 55:3 61:20 71:16 72:21 76:6 79:4 85:15 89:4 95:13 ,13,18 96:16 106:13 109:14 ,19 110:2 116:24 131:8 132:17 134:14 151:22 156:8 170:14 180:23 195:20 219:22 225:10 231:16 233:13 236:24 237:7 252:8 257:13 260:3,6 provided 41:23 42:1,23,24 43:4 44:7,8 45:18 56:24 61:14 ,23 62:5,17 76:19 84:1 130:10 131:12 132:1,16 148:2 232:22 239:22 ,24 261:23 262:18 provider 52:9 54:7 198:17 provides 24:3 25:25 34:23 ,23 75:15 89:10 118:8 ,9,22,23 187:10 providing 7:9 57:24 58:4 75:10 89:18 94:17 111:3 115:19 ,20,20 120:24 ,24 133:3 137:8 144:3 199:13 211:7 258:23 260:9 public 3:8 264:20 265:4,23 puerto 53:25 54:4,8 56:7 pull 107:4 115:21 231:3,4 258:21 pulled 232:15 ,17 pulling 115:3 231:5 punch 194:18 purpose 233:3 pursuant 3:1 push 190:6 pushback 188:13 206:4 pushbacks 204:1 put 49:4 50:23 80:8 82:8 94:7 121:12 124:6 126:23 127:17 137:12 157:19 167:5 185:17 209:18 214:11 228:10 234:18 250:24 puts 89:14 ,19 186:11 putting 171:19 187:20 ,23,25 231:13 q quality 5:6,7 168:25 171:20 231:4 233:19 question 9:13 ,20 10:10,21 23:5 33:19 40:14 46:2 48:9 58:21 59:2 ,23 62:14 67:19 68:20 85:2 96:5 100:2 100:4 107:25 109:1,3,6,7 112:24 114:10 129:10 133:17 134:5 138:25 144:9 157:12 ,13 157:17 169:18 169:23 ,24 170:3 170:5 172:25 173:12 199:24 204:25 211:13 211:22 221:6 ,7 222:15 249:22 256:9 260:14 questions 9:18 10:9 15:13 43:13 49:13,14 66:22 74:10 88:10 96:2 ,11 101:7 102:3,13 102:14 ,15,16,20 102:21 104:15 105:1,7,23 106:2 122:19 165:15 169:15 189:1 199:13 240:10 260:1 263:2,3,7 quick 153:16 174:13 200:10 quicker 206:19 quickly 171:12 184:25 185:3 196:14 quite 161:15 185:2 quote 228:16 r r 5:1 198:21 rachel 189:4,5 raining 230:20 raise 96:4,5 236:23 raised 102:20 138:13 175:24 196:17 220:12 236:18 ,19 249:16 252:25 253:24 raising 175:17 176:5 ,7,12 177:7 ramirez 178:21 179:9 254:9 ramirez's 249:19 ranges 168:5 reach 208:2 read 88:21 89:17 108:18 109:7 153:20 ,23,24 159:22 160:2 173:3 ,4,4 183:8 186:2 213:9 ,21 227:5 264:3 readiness 57:3 [provide - readiness] Page 39 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 107 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 reading 173:14 ready 15:1 39:14 40:2,11 41:5,10 89:16 111:11 120:1 137:22 real 51:8 52:13 145:12 162:3,9 180:20 229:3,7 231:3 250:1 252:6 reality 173:24 really 20:18 21:22 35:7,13 43:9,15,24 48:16 54:11 55:11 57:14 63:12 65:16 ,16 69:24 70:14 72:15 ,25 74:21 75:3 76:22 77:12 ,13 77:21 78:6 82:2 85:8 86:3,23 88:11 89:5 90:22 97:19 99:20 ,21 100:8,9 104:7 114:1 ,7,22 114:22 119:20 121:1 ,2 139:20 148:9 150:19 151:5 ,16 152:3 153:16 156:16 156:17 167:14 172:3 174:13 176:10 177:4 179:20 194:25 195:13 ,15 199:2 199:4 200:10 203:5 204:25 205:3 209:14 ,22 229:11 230:14 230:14 231:8 242:7 ,8 244:15 244:16 246:11 246:24 ,24 249:23 252:5,23 258:6 260:8 realtime 180:20 reason 163:14 171:8 202:5 reasonable 116:12 recall 22:23 26:8 26:9 27:3 ,21 32:8 34:6 35:3,7 35:10 36:11 ,15 37:8,11 40:5,10 40:12 ,21 42:9 43:9,10,15,16,23 44:7,24 45:4,24 46:12 50:15 57:21 63:16 66:11 68:11 69:24 70:14 ,15 73:12 74:8,25 77:12 84:4 92:3 100:1 ,3 101:19 105:10 108:19 113:9 ,15 117:8 121:1 122:10 ,11 124:20 ,21 125:12 ,14 130:6 130:9 ,9,10 131:19 ,19,25 135:16 141:22 142:8 152:11 157:16 166:6 171:11 174:18 176:7,11 177:5 ,6 180:10 ,11 181:8 194:19 ,20 196:3 198:10 ,14,18,25 208:7,9 209:10 218:4,19 219:17 234:3,4,6 235:11 238:6,11,13,25 240:16 ,18 241:8 241:14 242:7 243:4 248:4,5 249:3,8 252:10 252:15 256:6 258:24 260:7 261:5,11 262:17 recalling 27:25 73:24 receive 221:17 251:4 received 15:6 19:9 217:11 221:14 receives 168:1 receiving 39:2,2 233:19 recess 64:9 140:2 153:11 157:6 189:18 200:16 225:24 recollected 240:16 recommend 187:21 recommendation 204:10 223:24 recommendati... 13:3 40:22 205:22 recommended 143:22 recommending 186:6 recommends 181:4 record 5:4,13 6:8 7:12,25 9:12 9:23 16:22 58:20 64:5,7,11 139:25 140:4 157:5 ,7 169:15 189:16 ,20 200:12 ,15,17 225:22 226:1,19 257:24 263:9,25 recorded 5:10 5:14 recording 5:7,11 records 234:5 recover 139:10 reduced 195:11 265:11 refer 15:15 16:2 16:8 108:8 144:16 171:25 224:24 ,25 referenced 135:14 references 157:21 referencing 53:8 101:15 ,16 134:21 205:10 referred 13:4 194:17 199:8 [reading - referred] Page 40 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 108 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 referring 13:5 16:6,9,13 41:1 42:11 43:8 54:22 66:8,8 112:25 113:1 125:22 128:9 129:3 144:16 155:13 157:22 158:10 160:16 161:5 ,10 162:9 163:18 164:12 165:7 169:12 171:18 174:2 183:14 184:3,10 191:2 193:16 197:4 203:2 209:11 211:10 214:25 244:3 254:3 257:20 refers 81:3 157:20 reflected 160:14 reflecting 162:3 214:8 refresh 213:7 refute 203:8 regarding 11:23 13:24 14:14 15:14 46:5,6 49:15 100:17 101:7 102:9 103:14 105:8 177:7 179:17 188:8 197:10 204:17 225:13 227:20 233:11 241:12 242:21 248:25 252:15 255:8 259:12 ,15 regardless 82:10 181:2 225:17 250:20 region 24:3 25:16 ,24,25 26:18 27:20 118:9 register 146:7 rejoined 157:10 relate 235:7 related 5:17 6:1 12:10 22:12 26:17 32:3 46:12 49:9 66:21 105:23 106:15 109:15 113:12 160:13 160:17 163:22 180:11 196:13 204:5 228:1 relation 49:2 265:8 relationship 219:23 relative 132:21 210:15 211:20 211:22 release 164:7 released 4:2,4 144:24 148:15 148:17 ,25 149:7 149:14 relevant 50:15 50:18 74:11 133:25 174:24 remember 11:25 12:21 15:4,7,8 23:10 24:13 62:23 68:13 118:20 ,21 122:15 137:19 141:2 142:13 ,25 151:7,17 166:16 166:18 ,19 176:21 177:10 177:14 ,16,16,18 177:19 180:21 192:13 ,13 194:25 195:25 196:25 218:2 241:6,8 249:1,2 250:9 254:19 remembered 124:25 254:11 remote 159:24 remotely 3:5 5:21 6:7 7:3 renegotiate 203:23 210:2 ,5 211:16 repeat 33:19 59:23 62:14 67:19 85:2 107:25 109:3 ,6 121:13 160:23 repeats 201:20 rephrase 123:2 replace 114:20 report 4:2,4 32:13 144:21 145:2 160:14 176:2 228:6 232:19 ,22 233:18 ,25 234:1 234:2 reported 32:14 32:18 78:5 252:10 reporter 3:7 5:24 6:21,24 9:9 18:1 37:20,23 38:1 46:16,19 47:22 ,24 65:24 87:11 ,15,16 96:9 96:12 107:5 ,8,11 107:13 109:5,20 109:23 ,25 118:2 118:5 153:10 156:24 ,24 157:2 157:10 ,13 160:21 187:23 188:3 198:20 200:24 213:1 223:14 231:7,11 235:8 237:18 240:11 246:15 246:17 248:16 253:6 ,9,14,17 255:16 263:15 263:16 265:4,22 reporter's 265:1 reporting 7:2,9 32:7,25 reports 47:20 144:4 ,10,17 145:1 175:2 185:22 repositories 161:2 162:12 163:16 ,17,18 166:8 repository 169:3 170:20 171:9,14 [referring - repository] Page 41 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 109 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 represent 60:3 78:18 79:6 108:20 254:22 represented 29:25 30:10 ,13 35:16 148:7 representing 5:22 217:4 request 61:5,8 68:14 111:21 159:24 204:14 232:2 250:24,25 251:4 260:16 requests 72:8 210:24 require 15:1 212:6 required 120:14 122:14 123:5,13 123:25 143:7,10 245:19 247:2 requirement 61:24 128:22 131:22 133:5 193:7 requirements 62:2 68:9,16 71:11 120:25 121:5 ,11,11,17 125:1 192:4 ,10 192:17 193:23 194:23 197:9 research 56:15 88:11 ,12 207:15 resigned 74:17 74:20 resistance 186:4 resisting 186:10 186:13 resolution 235:25 resolve 165:18 166:5 187:19 196:17 220:10 225:11 229:8 243:20 resolved 171:12 172:7 182:18 220:9 229:1 251:6 resolving 250:13 250:14 ,19 resource 236:24 resources 115:19 116:5 117:9 135:25 136:4 155:9 231:18 233:13 236:5,20 236:25 237:6 respect 16:25 25:3 37:5 38:7 39:1 42:25 84:20 104:19 108:24 109:10 152:15 157:18 163:19 168:15 258:15 respond 9:15 62:1 89:3 responded 61:7 responding 86:22 responds 222:20 response 63:8 68:22 ,24 69:14 70:21 72:10 73:11 78:20 89:11 96:23 124:16 125:7 ,20 143:21 148:8 154:24 157:25 187:17 188:2 196:16 260:23 responses 10:3 responsibilities 21:16 31:23 82:1 170:8 188:21 216:8 217:18 224:16 224:18 responsibility 49:6 115:2 ,2 131:20 137:10 187:5 225:9,10 229:19 ,21 233:12 responsible 76:18 115:25 116:9 132:12 133:2 135:8 138:2,3 162:18 195:20 rest 22:8 129:18 144:21 145:3 165:4 183:1 193:18 ,19 196:22 222:10 235:11 result 52:17 151:11 218:16 results 240:1 244:17 retained 263:13 retake 248:10 return 48:16 256:5 returned 256:17 reunion 214:15 214:18 ,21 reveal 14:16 reverted 239:18 review 11:8 27:13 39:17 67:12 68:7,15 72:18 ,22 124:25 137:7 193:7 202:22 207:12 208:11 ,14 214:25 215:5 225:5 239:23 247:7 250:25 reviewed 11:11 68:7 166:2 184:7 193:23 204:19 208:22 208:22 ,22 210:18 211:6 revise 225:5 revised 250:9 revive 143:2 rfp 59:21 60:25 61:1,3 65:15 67:23 68:22 ,24 69:14 70:21 72:10 73:11 78:21 81:21 95:1 96:23 105:12 124:17 125:8 ,20 143:21 148:6 ,8 258:22 [represent - rfp] Page 42 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 110 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 rfps 72:8 121:22 121:25 rico 54:1,4,8 56:7 right 8:21 15:19 23:22 25:15 26:4 27:5 30:15 31:16 33:5 36:6 36:11 ,24 37:3 39:24 44:9 54:23 57:7,23 59:3,5,8 61:5 68:2 73:24,24 76:14 77:23 ,24 77:25 78:7,14 79:5 80:18 82:5 85:16 86:11 87:1,14,22 91:24 102:10 105:13 108:18 110:14 110:18 111:16 111:22 ,25 112:2 112:15 116:19 117:4 121:2 ,18 124:2 125:9 126:15 131:9 147:7 152:19 153:13 154:11 157:1 159:8 161:6 ,9 163:23 164:24 168:16 168:21 173:20 174:13 175:8,11 177:4 ,20 178:4 180:2 181:18,19 183:1 ,25 184:1 184:17 185:19 185:20 187:24 191:2 197:14 198:6 201:3 ,22 202:12 ,25 204:15 206:23 207:2 ,25 209:21 209:24 ,24 211:9 213:15 214:3 215:10 217:16 221:19 230:19 238:19 239:9 255:6 256:23 258:24 259:4 rights 58:23 ,25 rigorous 220:24 rings 113:15 risk 84:7 96:7 ,10 127:2 ,5,11 142:15 146:6 147:12 ,13,16,20 152:8 165:1 ,3,8 165:11 166:13 166:22 167:9,13 167:18 ,25 168:10 ,20 risks 84:7 85:13 96:5 125:1 126:22 127:13 138:21 145:11 145:14 146:7,21 146:23 147:1,1 147:10 150:7 151:25 152:3,16 152:17 rob 219:13 ,15,16 224:17 225:14 225:14 ,15 rod 219:14 role 20:18 25:10 26:13 27:8 30:23 31:23 36:9 49:2,5 74:2 74:4 ,9 75:9,10 75:11 77:21,23 104:21 168:4 179:12 ,13 219:17 227:14 256:17 roles 95:7 113:12 224:19 roll 139:3 164:14 rollout 82:21 rollouts 82:19 130:18 room 8:11 rough 263:18 ,21 row 148:20 215:7 rows 146:14 214:12 royalties 262:13 royalty 262:3,6 262:7 rule 123:14 ,15 168:5 rules 3:2 9:5,6 47:20 83:24 167:7 run 227:25 228:6 running 25:22 165:10 s s 5:1 sales 32:4 42:6 42:16 63:17 70:10 ,11 71:2 72:17 ,17 73:7,9 74:6 75:11,15,16 76:1 77:7,18,21 77:22 78:4,4 85:9,13,22,24 86:9,13,18,25 104:3 124:9 127:3 salespeople 77:4 sao 250:24 saos 230:11 saw 75:6 83:6 88:14 95:24 155:1 175:15 saying 9:8 37:25 39:23 41:4 45:17 55:23 ,24 58:4 74:24 79:15 81:15 82:17 89:8 91:21 96:5 102:23 104:14 107:2 111:14 113:19 118:19 126:13 134:3 135:12 144:18 152:13 158:4 166:23 ,24 167:1 171:4 177:18 178:23 180:12 201:18 206:17 206:18 207:2 214:6 216:22 224:9 ,20 230:24 243:22 244:2 [rfps - saying] Page 43 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 111 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 249:21 250:25 says 53:3 79:8 90:6 128:19 129:4 130:19,23 130:25 132:11 148:24 150:4,8 151:11 157:20 163:9 183:25 186:3 187:16 214:17 ,17 schedule 80:10 81:15 82:10 102:2 128:17 129:19 137:6,7 156:4 161:24 162:3 ,3,10,13,17 162:19 163:3,15 163:21 164:5 165:23 173:24 174:5 ,11 185:5 school 17:22 ,23 17:23 18:2,19 scope 75:23 121:23 128:24 149:2 150:9 ,11 151:3 ,8 164:20 169:1 192:18 195:11 scopes 133:4 score 147:17 scratch 50:20 107:20 126:1 143:25 203:11 213:23 260:24 screen 5:9 78:16 87:22 110:14 128:13 145:21 145:23 153:13 157:19 159:8 178:4 201:3 213:14 226:22 scripts 101:22 scroll 78:23 201:14 ,16 scrolling 182:25 searcher 48:14 second 68:14 89:15 111:12 ,25 113:9 125:2 127:8 137:4 145:20 148:20 153:23 154:21 159:5 172:21 178:1 ,13 183:11 200:13 209:24 213:5 215:7 256:16 seconds 9:14 section 128:16 160:3 166:11 see 38:19 50:25 68:6 78:15,16 81:8,11 84:9 87:21 88:6,12 89:1 90:20 92:9 92:16 ,21,21 93:15 95:13 108:25 110:14 110:18 ,24 111:20 113:5,6 128:12 ,17 129:1 129:13 130:1,20 135:24 137:2,18 138:7 141:20 143:2 145:18 ,21 145:22 146:4,11 146:12 148:19 149:2,23 150:1 ,2 150:5 153:12 ,19 153:25 154:8 ,12 154:12 157:13 158:3,5 159:8,15 161:24 163:15 164:16 165:14 167:15 171:22 173:10 ,10 176:3 178:3,8,16 179:4 185:13 192:22 197:25 201:2 ,18 202:15 ,16 213:2 213:14 217:19 223:7 226:22 243:20 seeing 95:14 152:2 156:24 159:9 161:1 162:2,12,13,24 163:7 165:23 167:12 169:3 171:5 174:10 175:17 ,19 176:17 201:15 230:18 ,18 231:16 seen 5:8 24:11 117:7 146:16 192:7 211:5 223:6 sees 95:14 selecting 258:23 self 149:23 150:4 151:9,15 send 74:24 76:1 102:15 131:3 144:24 145:3 200:9 206:5 207:18 208:25 221:11 224:20 251:1 sending 75:19 175:6 230:11 sense 9:23 10:6 16:4,10,14,15 57:19 242:25 sent 11:20 84:23 84:25 87:20 110:11 159:5 173:19 176:4 180:19 212:21 226:18 242:17 sentence 167:2 205:5 separate 106:5 126:25 179:22 180:1 181:11 september 28:9 131:5 256:6 sequence 70:6 series 10:9 104:15 110:16 110:21 169:15 178:14 208:8 221:22 227:6,20 227:23 228:7 serious 173:25 server 187:22 188:11 servers 179:17 186:1 ,3,6,25 187:15 service 22:13 ,13 25:15 28:18 ,20 [saying - service] Page 44 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 112 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 30:6 32:15 35:22 42:10 54:6 56:23 94:4 94:5 99:11 149:23 150:4,16 150:22 151:9,15 services 20:20 21:14 25:25 28:17 ,18 32:1 34:24 42:4 44:15 45:4 56:25 57:25 71:8 90:13,14 97:17 ,22,25 98:15 102:1 107:24 108:3 118:8 ,9,22,23 258:1 ,24 260:7,9 sessions 104:25 184:13 ,20 236:10 set 8:19 13:2 42:13 50:22 66:4 68:8 70:4,5 80:2,4 99:5,10 99:11 ,14 110:11 120:4 124:25 141:19 153:9 155:19 159:5 171:20 175:23 178:1 181:24 188:23 189:2 215:5 ,7 216:15 243:13 253:11 253:14 sets 214:12 setting 172:10 173:18 ,18 186:6 241:2 260:4 settle 141:5 sewer 25:25 34:7 99:8 shake 10:2 shaking 10:5 share 96:17 147:15 shared 147:1 ,6 147:21 148:3 152:19 ,23 sharepoint 159:15 sharing 147:17 sheet 134:21 135:14 ,15 shift 84:12 shoaei 2:2 3:12 6:10,11 7:13,13 7:21 13:19 15:2 15:12 17:14 22:9 24:24 25:17 29:3,11 30:8,21 33:14 35:23 37:25 38:5 39:11,22 40:5 41:9 43:25 45:16 46:22 48:5,15 50:2,10 50:17 52:5 53:17 54:20 56:2,22 57:9,15 57:23 58:3,8 59:16 ,18,24 60:9 60:14 ,18 62:4 ,15 62:21 63:13 64:3,14 65:7 66:7 67:14,20 68:19 69:5 ,20 70:19 76:23 77:15 79:20 80:12,24,25 81:9 83:5 85:1,16 86:8 ,17 87:9 ,14 87:18,21 91:6,12 91:13,17,18 92:7 92:12,15 93:21 94:22 95:17,25 96:19 97:2 ,13,21 98:20,23,24 99:1 100:24 103:19 104:14 105:16 106:4 107:10 ,19 109:5 110:8,10 110:13 111:22 112:9,11 113:22 117:17 118:12 120:15 ,17 121:9 121:15 122:1 ,7 123:23 124:5 125:5 127:22 128:5 129:10 130:13 ,24 132:3 134:18 135:7 136:17 139:19 140:7 141:15 143:16 144:7 153:2,8,12 157:11 158:22 159:4,7 161:3,8 161:14 ,18,21 163:19 164:2 168:7,19,24 169:17 ,23 170:2 170:4 173:16 174:8,21 176:6 176:11 177:6,13 177:23 ,25 178:3 180:5 181:14 189:12 ,23 190:15 191:20 192:8 ,23 193:11 194:11 ,16 197:2 198:4 ,23 199:3 199:23 200:1,8 200:12 ,19,25 201:2 205:2 ,8 206:20 208:7 210:6 211:21 212:18 ,20,23 213:2 ,11 217:14 217:23 218:7,25 220:19 ,25 221:10 ,13,15,17 221:19 225:18 226:4 ,14,17,21 228:20 233:15 235:14 236:18 237:5 ,11,22 241:10 242:10 244:11 ,20,25 246:2 ,25 247:15 248:24 249:8 252:13 ,19 253:19 255:4,19 256:23 257:10 257:23 258:2,3,8 259:1 262:7 ,16 263:1 ,20 shoaei.maral 2:5 short 49:4 89:21 shorthand 3:7 265:3 ,22 [service - shorthand] Page 45 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 113 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 shortly 208:1 show 41:20 46:9 78:7,12,14 79:1 87:10 110:8 ,18 128:8 129:13,23 139:9 145:15 146:8 147:24 149:6 151:12,14 152:9 153:4 ,16 158:22 179:6 188:20 200:5,21 213:12 ,13 221:12 ,20 226:15 241:21 showed 136:22 151:8 165:17 167:8 200:9 208:5 showing 38:16 38:16 41:16 46:12 102:24 173:24 shown 129:24 167:7 shows 131:2 si 128:7 sic 4:18 13:2 side 78:4 165:11 172:15 ,17,17 179:14 184:18 204:2 ,3 213:13 213:13 224:3 236:25 237:1,17 237:18 ,19,20,21 254:7 sides 147:11 sign 108:14 211:5 260:1 signature 179:6 265:21 silly 171:13 similar 82:16 ,23 82:25 simpler 25:5 simplify 47:5,18 sincere 33:13 50:14 74:3 125:15 203:6 single 72:16 133:10 139:7 156:4 178:7 193:7 197:24 205:14 220:4 243:15 ,17 sir 54:21 sit 133:15 134:16 135:25 136:20 137:7 138:13 ,15 139:8 147:15 164:16 203:23 205:16 225:5 249:25 site 159:15 191:17 229:25 sits 76:7 sitting 63:22 100:6 situation 8:18 85:23 90:18 198:1 203:21 235:13 situations 196:12 six 27:2 33:4 90:18 ,19 91:3 ,7 91:20 231:22 256:1 size 89:22 skills 18:22,24 19:1 ,2 skip 78:14 slas 196:16 slash 162:4 ,10 164:7 228:10 ,14 245:16 slight 22:7 84:17 200:7,21 252:7 slightly 134:5 260:13 261:6 small 29:19 122:21 196:19 smaller 89:21 smartflex 16:8,9 23:12 24:5 ,12 25:13 26:18 33:15,22 34:4,20 35:5 ,10,16 39:3 39:14 40:2 ,10,16 41:5 ,10,16,20,24 43:5 46:10 ,13 47:3 48:10 53:9 53:10,12,18 54:15,17 56:9,19 57:4 ,7,11 58:4 58:10,13,18 71:13 75:13 89:23 90:3 97:3 114:20 117:20 117:22 148:7 ,11 148:15 ,24 149:5 149:6,13 179:22 186:24 187:4 194:9 210:12 252:15 253:3 ,3 255:1 ,9 256:19 257:5 259:8 smartflex's 176:13 181:10 sme 96:4 smes 71:4,15,19 76:7 95:9 smoothly 220:18 software 22:5,15 26:1 30:7 39:17 39:20 42:12 44:16 ,17,18 47:9 50:19 ,20 51:1,3 51:10 52:12 53:7,8 54:3 55:12 ,16 60:8 76:8 77:5 99:17 101:21 102:24 103:3 106:10 ,11 106:12 ,20,22 122:11 ,15,24 123:10 ,22 167:8 182:5 ,16 187:8 191:15 196:9,13 198:17 247:9 softwares 106:10 135:17 sold 182:4 solution 53:5 128:25 184:23 193:9 195:19 251:21 252:8 solutions 5:23,25 133:4 ,15 150:9 150:11 151:3,8 164:20 263:13 somebody 14:3 48:12 194:14 [shortly - somebody] Page 46 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 114 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 210:19 224:5,15 234:13 251:22 soon 220:15 sorry 11:1,2 12:16 13:18 17:13 18:1,12,18 18:24 22:19 24:9 28:12 31:6 33:19 36:14 37:20 38:2 43:25 45:15 46:16 53:24 ,24 53:24 60:18 66:13 69:2,19 72:12 75:4 82:13 84:17 85:1,2 87:16 94:14 96:9 103:18 105:15 107:6 ,12,13 109:22 111:14 113:22 117:12 119:6 ,10,10 121:13 128:2,5,7 129:16 130:12 130:24 134:19 142:12 143:9 149:19 152:12 154:13 156:22 156:23 160:21 160:23 171:13 178:6 183:22 187:23 197:16 198:16 ,16,16 201:13 214:16 214:23 219:16 221:8 ,10 222:25 223:14 ,25 230:19 239:10 240:11 ,12 246:16 ,22 253:6 253:14 ,22 255:17 262:6 sound 23:21 120:3 182:16 239:9 sounded 37:23 sounds 26:3 27:4 71:22 175:6 209:19 ,21 225:18 ,20 source 249:4 ,9 257:19 south 24:3 span 141:10 spanish 4:2,12 158:25 172:16 173:2 ,4 212:24 speak 10:25 13:10 64:15 ,17 64:25 65:2 140:10 ,13 190:1 193:12 216:18 226:7 235:19 247:19 259:21 speaking 199:16 206:20 specialized 71:7 specially 105:1 specific 29:2 43:15 71:9 78:13 85:23 99:20 100:4 131:12 ,22 135:12 155:8 192:17 198:12 247:22 specifically 40:20,21 41:3 49:24 66:5 100:1 134:1,16 177:3 218:3 241:14 242:7 248:4 250:4 specifics 39:7 41:1 51:9 specify 256:22 spelling 134:2 spellings 263:14 spent 161:15 split 127:1 172:14 183:4 218:16 219:8 splitting 83:14 spoke 11:10 13:9 64:21 75:8 88:9 104:5,5 140:17 184:8 237:23 spoken 13:23 14:13 15:12 17:1 ,4,7 227:12 spreadsheet 146:13 208:23 spring 242:18 stabilization 196:7 stabilize 196:8 staff 44:14 45:3 70:4 ,20,23 105:3 staffing 21:14 31:25 83:16 84:3 102:2 104:20 ,22,25 105:9,9 stage 26:15 131:20 133:10 133:13 173:18 204:3 245:8 stages 132:21 150:8 245:6 stakeholders 144:22 145:4,8 164:10 165:5,14 stand 166:15 202:23 standard 229:9 standing 138:12 195:19 215:3,13 228:25 240:17 241:2 standpoint 56:3 216:1 ,14 stands 20:22 166:19 202:24 start 17:22 20:13 21:6 34:19 39:18 59:11 69:17 ,20 79:8,16 79:19 ,23 80:15 81:1 132:22 ,23 133:9 ,15 138:1,6 138:17 ,22 139:3 139:8 160:9 ,10 162:5 166:4 178:19 185:21 212:25 220:15 220:17 started 20:13 23:6 27:21 29:22 36:6,8,20 37:18 38:4 53:13 59:12 [somebody - started] Page 47 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 115 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 133:11 136:25 142:12 220:14 229:23 231:14 232:7 ,9 254:20 256:24 starting 22:18 26:22 31:4 59:19 70:7,15 78:12 ,19 110:17 159:12 176:25 240:19 247:25 259:25 starts 153:18 ,25 state 3:8 6:4,7 7:24 112:21 118:10 ,22 158:2 202:19 229:14 264:4 265:4 stated 246:5 ,10 statement 6:22 54:14 55:15 ,20 82:15 120:20,23 121:1 128:16 130:11 132:7,9 132:10 134:3 169:13 181:15 183:13 184:3 188:21 222:8 250:6 254:2 states 1:1 5:17 37:16 111:7 119:3 ,8 215:8 256:19 257:9 stating 7:11 103:10 173:2 228:11 status 14:22 145:1 ,9 228:12 stay 250:5 256:4 263:14 steering 236:8 236:12 stenotype 265:10 265:13 step 80:17 182:15 239:5 245:7 stepping 188:24 stick 119:23 stipulates 152:22 stopped 169:21 254:13 stopping 183:4 storer 3:15 89:1 straight 224:11 straightforward 220:7 strategies 102:1 102:2 strategy 70:17 70:18 99:13 street 2:4,9 strict 119:20 220:23 strong 220:6 structure 20:19 22:6 31:1 63:17 115:14 study 17:25 stuff 93:6 199:15 sub 12:7 subject 3:16,19 3:22 4:1,4,6,8,11 4:13,16,18 71:20 71:21 88:14 111:1 146:6 187:15 202:8 214:2 263:1 submission 105:12 submit 69:11 126:9 132:22 submitted 59:21 61:1 ,11 62:11 63:24 67:2 ,13,16 67:21 68:4 ,10,12 68:21,24 69:8 70:21 71:25 72:23 77:8 78:10 81:2 86:1 86:5 ,7,11,14 94:25 100:20 102:13 103:24 104:23 105:18 125:12 ,13,14,19 125:19 260:22 261:1,8 submitting 65:15 96:23 103:21 subparts 61:12 subscribed 264:14 subsequent 45:13 substance 11:21 177:19 213:19 substantial 215:21 ,22 substantively 17:8 140:14 226:11 suite 2:4,9 19:16 summarize 81:13 170:6 summation 116:19 support 33:24 44:21 49:5,6,9 75:16 77:6 108:7 128:22 164:5 174:24 185:5 186:4 ,5 188:16 204:18 204:21 205:5,17 251:24 supported 165:3 supporting 199:14 supports 202:22 204:10 207:13 supposed 54:16 67:25 81:10 90:11 91:14 ,20 130:19 132:17 150:12 175:2 176:4 191:9 214:14 sure 8:19 29:3 29:13 30:9 33:6 35:2 36:15 38:13 45:8,16 51:13 ,21,22,23 54:2 55:13 57:15 59:24 62:15 ,25 67:14 67:20 71:5,19 73:13 ,17 77:1 78:15 79:7,13 80:16 ,18 84:21 [started - sure] Page 48 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 116 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 85:6 86:3 88:11 91:18 93:9 94:15 101:14 103:10 111:24 116:14 120:8 125:10 ,10 134:19 ,20 141:5 143:10 ,18,19,20 146:18 147:8,20 148:17 149:9 150:25 151:3 152:3 ,25 163:5 163:25 170:25 175:1 178:7 182:17 186:2 200:8 202:11 204:9 205:21,24 206:25 208:18 209:22 222:6 224:17 225:12 234:3 ,4 236:9 241:15 244:10 245:8 255:6 256:23 258:7 259:2 260:8 ,20 surely 108:18 241:14 242:16 swanson 2:8 6:15,17,17 7:15 7:15 11:7,10 12:25 13:17 14:15 15:10 17:12 21:21 24:17 25:9 29:1 29:9 30:2,16 33:12 35:19 39:4,15 40:3 41:7 43:21 45:14 46:11 48:1 49:23 50:8 50:13 52:3 53:15 54:18 55:25 56:20 57:8,12,20 58:2 58:6,19 59:14 ,22 60:4,12,16 61:22 62:13 ,18 63:10 64:21 67:7,18 68:3,25 69:18 70:3 76:21 77:11 79:17 ,24 80:20 81:7 83:3 84:24 85:7 86:2 86:15 91:4,8 92:2,10 93:18 94:20 95:2,23 96:25 97:11 ,18 98:17 ,22 100:22 103:16 104:12 105:14 ,20 109:2 109:12 110:12 111:17 112:7 113:8 117:12 121:7 ,14,19 122:5 123:6 124:4 ,19 126:16 127:18 128:1 129:8 130:8 ,22 131:18 132:19 134:11 135:3 136:15 139:17 139:22 141:13 143:15 144:5 159:6 161:7 ,12 161:16 ,20 163:4 163:24 168:2,17 168:22 169:14 169:20 ,25 173:12 174:6 ,19 175:9 176:9,14 177:9 178:2 180:3,9 186:12 189:10 ,14 190:12 191:13 192:2,12 193:5 194:7,13,24 197:22 198:20 199:21 200:11 204:24 205:7 ,12 207:4 208:6 210:4 211:19 212:22 217:6 ,17 218:1,18 220:3 220:21 221:4 ,18 222:25 225:20 226:20 228:18 228:23 231:10 233:7 237:2,8 238:20 242:6 244:9,14,24 245:21 246:21 247:13 ,18 249:6 249:11 252:18 255:2 256:20 257:7,17,21,25 258:18 ,19 262:5 262:10 263:2 ,7 263:18 swear 6:22 7:12 swearing 7:3 switched 23:14 30:25 switching 34:14 sworn 7:18 264:6 ,14 265:7 synchronization 171:16 synchronizing 172:10 system 22:12 28:24 ,25 29:4,12 29:14 ,14,17 30:1 30:4,14,17,19 35:17 47:6,10 52:14 59:1 83:23 93:17 ,20 93:23 ,24 99:19 106:22 ,25 107:1 107:4 113:4 115:3 ,5,17 116:18 123:14 135:18 180:14 180:25 181:5,25 181:25 187:2 198:18 234:25 245:24 ,24 246:8 246:14 247:4 251:15 systems 16:13 75:21 94:3,10 109:18 114:18 114:18 ,19,21,23 t tab 87:19 110:10 226:18 table 52:10 217:22 tables 115:4 116:2 [sure - tables] Page 49 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 117 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 tagged 177:25 tahata 88:10 take 5:12 10:16 64:3 89:15 91:2 91:3 115:2 119:17 ,18 120:1 120:9 ,12 159:22 172:21 201:10 206:21 213:5 221:22 225:19 256:3 263:20 taken 3:5 5:14 49:25 64:9 140:2 153:11 157:6 189:18 200:16 225:24 265:10 takes 114:10 talk 9:11 55:10 74:23 75:5 100:17 126:18 160:6 ,8 167:15 173:17 185:18 193:16 204:9 206:14 ,14 222:6 224:21 225:15 233:24 241:17 241:18 242:15 talked 37:2 47:1 85:3,5 93:21,22 97:21 102:1 117:18 120:18 124:1 131:24 142:19 143:19 156:11 166:1 184:5 193:6 ,12 203:25 205:6 224:13 240:17 243:16 ,17 247:20 251:11 talking 22:15 29:23 39:18 65:8 67:15,20 69:1,3 76:11 80:14 83:22 109:18 ,21 113:11 ,19 125:11 133:21 140:21 148:5 164:13 175:22 177:11 ,17,19 186:25 ,25 191:10 ,12 206:2 207:13 214:24 218:4 226:14 229:17 232:8,9 234:10 237:24 241:16 ,23,24 242:17 ,22 248:5 257:24 talks 185:25 186:2 task 132:18 134:22 ,25 135:1 156:4 216:3 ,3 tasks 102:9 131:14 ,16 136:13 162:4,6,7 163:22 170:8 234:21 ,22 235:2 team 42:6 44:12 44:13 51:4,11 63:17 ,18 71:7 72:17 75:15 ,16 76:1 77:21,23 85:13 ,22,24 86:9 86:13,18,25 104:3 106:2 141:5,6,20 149:1 149:18 ,20,21,22 151:19 ,19 152:2 152:5 157:21 ,22 164:6 166:12 167:23 168:9 190:18 ,19 191:12 ,17,17 192:21 ,21 193:6 193:12 ,12,13,13 193:16 ,17,22 195:4,22,23 232:2,21,22 235:12 ,13,22 236:2 248:7,8 249:19 251:24 team's 168:14 teams 42:16 155:20 156:18 191:1 248:12 technical 75:14 76:10 109:13 172:25 177:8 ,12 177:15 ,17 179:15 184:12 184:18 ,19 185:6 185:7,15 227:16 249:19 252:22 technically 76:10 technology 5:21 114:21 254:8 telecommunic... 47:15 52:20 54:7 99:12 telecommunic... 34:24 47:16 50:7,12 52:2 83:2 92:1,8,20 tell 16:23 17:20 39:13 41:3,10 47:2 60:5,5 82:8 114:9 118:14 120:8 126:24 163:6 166:25 ,25 188:10 ,14 201:19 216:6 221:24 222:1 246:8 ,8 247:20 250:4 260:15 telling 14:6,12 142:25 155:7 167:11 168:8 171:19 173:22 174:22 215:8 222:2 ,18 230:6 tells 135:5 template 48:4 templates 49:12 ten 19:24 tend 55:10 tending 192:6 teresa 236:10 term 16:12 28:23 118:7 128:3 139:2 163:1 203:14 terminology 48:18 ,22 142:18 191:7 terms 15:22,24 55:11 74:4 82:23 99:13 ,21 [tagged - terms] Page 50 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 118 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 136:3 156:6 176:16 185:4 195:16 196:14 203:23 212:10 212:11 215:13 217:19 220:11 224:3 test 182:3 ,20 235:5 tested 192:6 testified 7:19 testify 265:8 testifying 129:9 testimony 7:5 263:11 264:4,6 testing 99:19 179:22 180:1,6 180:15 ,17,18 181:1 ,5,11,12,17 181:20 ,25,25 182:11 ,12,13 191:21 235:3,3 245:24 246:14 247:5 thank 8:2,5 19:21 21:1 28:13 38:1 39:1 44:3,5 46:3 73:15 87:17 90:8,16 91:17 110:12 119:11 119:14 149:22 159:6 160:11 161:21 178:2 182:22 189:14 200:11 ,20,25 212:22 221:18 236:16 253:9 258:2 263:3 ,8,13 thanks 96:12 107:14 110:1 182:22 189:25 226:6 253:18 263:5 themes 127:1 theory 184:21 thereof 265:13 thing 9:25 10:20 65:9 89:19 101:11 113:10 132:4 ,6 136:19 164:9 173:17 181:8 192:20 198:1 208:17 231:13 243:15 246:12 things 9:7,10 10:18 11:14 ,23 14:4 15:21,23 16:24 18:8 22:1 22:7,25 27:13 31:7 39:7 ,17 40:22 ,23,25 43:1 43:15 47:9,14 49:15 ,16,18 53:4 57:3 66:4 71:14 80:11 ,17 82:8 83:6,7,19 84:1 84:15 ,20 85:4 88:18 109:14 110:5 126:11 131:6 ,7,11,14 133:18 ,23,24 139:12 141:19 145:10 156:9,12 160:6 166:3 ,4 169:2 171:13 175:18 176:17 176:18 ,24 177:1 180:22 186:16 186:19 ,20,21 187:3 191:15 192:24 193:25 199:12 204:17 206:19 220:8 ,17 223:5,22 224:1 224:14 ,19 225:3 228:7 229:9 230:2 231:24 ,25 234:9,22 235:16 236:6 240:17 241:22 242:1 ,2,5 243:23 244:17 248:20 ,22 260:3 think 9:18 23:4 30:11 32:9 33:1 33:1 ,3 34:5 35:23 37:10 40:14 42:20,25 48:20 53:8 54:5 54:22 72:21 73:5 74:8 82:10 84:4 92:13 95:18 96:14 98:15 101:10 105:4 110:4 111:18 ,22 114:7 115:6 118:12 ,12 118:15 ,24 122:23 131:25 132:4 134:1 139:20 141:2 ,4 142:15 ,25 143:1 143:21 147:16 148:16 150:14 150:18 ,21 160:2 163:9 170:2 ,3 180:24 186:13 186:14 190:16 190:18 192:16 193:15 199:8,17 199:23 200:3 201:20 203:13 203:14 213:6,19 213:19 214:16 219:9 220:20 221:1 ,5 222:2 ,13 222:16 224:21 224:22 227:5,12 228:24 229:7 232:6 237:23 238:1 ,24 239:8,8 241:7 242:14 249:25 253:19 254:1 255:14 256:1 257:15 ,19 257:25 258:6 260:7 262:16 thinking 84:16 95:11 96:22 thinks 223:19 third 47:17 thought 84:18 111:14 127:16 129:19 188:19 191:8 198:16 232:8 253:2 thoughts 81:22 thread 222:14 three 15:5 26:20 48:12 ,16 92:22 159:12 ,12 [terms - three] Page 51 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 119 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 184:20 192:15 195:25 196:10 197:3 201:20 202:5 214:12,12 235:1 261:4 thumbs 226:20 thunder 230:21 230:22 ticket 250:24 tied 46:15,20 tile 107:6,8 time 5:2,4 6:4 11:25 19:5,6 25:2 30:7 31:15 31:19 ,23 32:8,17 33:3,16 35:9,11 43:18 44:6 53:13 54:11 59:15 64:7,12 71:24 77:20 84:12 89:21 95:6 97:15 102:17 104:17 104:18 115:11 120:16 132:25 139:18 ,25 140:5 144:14 157:5,20 159:11 ,22 160:20 161:15 162:23 163:12 163:20 166:21 167:6 ,13,22 168:12 172:5 174:5 178:7 179:13 183:25 185:20 186:14 188:19 189:7,16 189:21 190:20 191:22 ,25 192:10 ,19,21,22 195:14 196:6,16 196:21 197:15 198:8 ,24 199:1 200:4 ,15,18 203:5 215:17 217:7 218:6 225:22 226:2 227:15 228:15 229:1 ,11 230:2 230:12 231:22 234:20 ,25 235:23 238:21 238:24 240:18 243:7 248:21 249:12 ,13 250:20 ,23 254:7 256:8 ,13 263:3,4 263:5 ,10,24 265:10 timeframe 89:24 128:23 129:5,6 129:12 ,14 221:21 timeline 67:3 ,11 67:15 ,16,21,25 68:5,7,10,18,21 68:22 ,23 69:9 ,11 69:16 70:1,16,20 71:4,24 73:9,10 75:17 77:8 78:19 ,25 80:19 81:22 ,24 82:15 83:6 85:6 ,25 86:14 ,22 94:18 94:18 ,24 95:20 95:22 96:13 ,15 96:17,22,24 97:4 97:6 ,10 98:3 ,8 98:16 99:24 100:6,18 103:21 103:24 105:22 105:23 124:14 124:15 ,16,17 125:3,6,15,19 126:3,9,14 127:16 ,20,23 131:16 209:17 261:7 timelines 72:9 72:23 75:10 89:13 131:13 timely 84:2 139:12 166:9 times 16:16 68:17 141:10 145:15 186:16 196:16 201:20 202:5 225:1 238:15 251:3 252:9 timing 113:25 136:7 tired 247:24 248:2,13,17,17 248:18 ,18 title 18:6 23:9 88:11 titled 128:17 148:20 149:23 tmg 4:16 238:10 238:11 ,14,23 239:22 ,24 240:14 241:13 250:10 ,11 251:7 251:7 tmg's 240:23 241:12 today 5:24 8:6 9:6 10:8,25 11:6 13:11 14:8,13 15:13 ,22 16:24 17:17 20:6,7 28:24 48:18 ,22 63:22 74:16 100:7 138:9 140:14 146:17 260:19 263:4 today's 14:2 263:11 told 14:7 17:11 40:1,6,10 55:15 57:1 77:3 97:9 98:19 99:2 104:3 108:20 115:13 124:9 134:13 136:11 140:17 142:16 142:21 143:4 155:16 164:13 184:25 193:22 205:2 ,9 208:5 ,23 208:24 ,25 209:8 209:16 216:5 236:4 240:5 241:13 247:22 254:17 tool 165:11 167:8 ,16 tools 80:1 160:13 160:18 162:12 165:3 ,21 166:9 167:5 170:14 [three - tools] Page 52 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 120 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 171:3 177:2 top 34:16 55:10 62:23 73:21 154:10 172:13 178:12 183:8 243:13 topic 134:20 189:4 250:10 251:9 topics 49:14 ,14 66:22 71:4 87:6 110:3 167:4 248:25 total 263:11 ,24 totally 28:5 119:19 track 21:11 83:14 ,15 114:8 114:10 145:5,8 146:21 ,23 147:1 147:12 ,12 tracked 147:10 tracks 83:12,14 127:1 tracy 234:11 ,18 234:18 235:14 traditional 78:25 trainer 183:15 183:19 185:5 training 21:14 41:19 ,23 43:4,11 43:13 44:7,8 45:22 47:3 99:19 150:9 164:21 177:8,12 177:15 ,17 184:12 ,19 185:1 185:6 ,8,15 trainings 41:16 41:25 42:2,13 45:7,12,17 46:4 46:6,9 transaction 180:19 transcribed 9:7 9:8 10:3 transcriber 157:1 transcript 263:17 264:3 265:13 transfer 172:9 transition 36:1 195:12 ,13 199:8 199:9 238:10 transitioned 238:3 ,4,6 translate 213:18 214:18 translated 159:1 translation 172:15 173:11 214:14 trapped 168:21 travis 236:11 242:23 trips 141:22 true 167:10 207:25 222:6,23 235:25 265:12 truly 207:16 truth 265:8 try 9:17 10:12 10:16 15:23 48:21 50:23 68:6 82:8 111:20 120:11 122:18 127:4 ,12 143:2 145:12 173:10 192:25 196:13 211:12 215:25 232:3 ,13 250:15 trying 8:18 13:8 40:17 42:21 51:20,22,23 55:17 62:25 79:6 ,12 80:15 81:13 89:5 94:15 103:2 112:3 114:3,4 136:6 140:16 153:23 154:7 163:6 165:18 166:24 178:7 185:12 186:7 ,16 188:5 200:5 203:14 ,15 211:21 ,22 216:12 ,14 218:5 229:2,16 230:8 230:16 231:2 ,3 242:23 ,24 243:19 255:23 262:23 tualatin 257:14 257:16 ,25 258:15 ,16 260:9 260:12 261:20 262:1 tweaks 122:21 twice 141:22 two 15:5 23:20 25:12 ,13,18,21 26:2,20 53:4 68:12 73:22 ,23 82:19 83:11 ,13 83:14 86:19 91:2 106:9,10,10 116:12 121:22 122:11 ,11 126:25 ,25 130:18 139:8 145:17 ,18,19 153:17 155:16 155:16 ,25 156:12 ,17,18 171:20 179:21 184:13 ,20 191:15 208:19 257:15 258:4,5 258:21 259:6 type 11:4,11 12:2 76:6 156:9 types 75:20,23 117:18 typewritten 265:11 typical 87:25 typically 79:11 89:20 u u.s.37:14 38:10 39:14 40:2,11,16 41:6,11 53:14 ,18 53:20 54:17 55:19 ,19,21,24 56:6,9,15 58:13 58:18 79:12 [tools - u.s.] Page 53 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 121 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 257:5 259:8 uh 10:1,5 uhs 10:5 ultimately 121:6 217:23 254:13 um 10:2 umbrella 42:22 understand 10:10 12:21 13:13 ,14,19 14:7 14:11 15:15 16:5,18,23 17:19 25:18 28:2,3,5 30:9 35:21 40:18 47:2 51:20 54:24 55:18 61:17 62:21 ,22,25 66:3 73:18 74:15 79:7 80:12,13,16 80:25 91:5,7 97:23 98:12 102:22 103:19 108:25 111:24 116:14 118:7 122:1 ,3,3 123:9 127:14 ,19 130:13 135:11 139:15 143:9,10 155:12 ,13 160:5 166:25 167:1 184:1 ,9 186:3 192:9 202:20 204:25 205:16 211:1 ,11 217:14 233:15 ,18 244:1 244:6 246:9 247:11 252:5,20 252:24 ,25 254:14 255:20 258:20 262:23 understanding 21:2,6,19,20 29:21 31:14 33:15 42:17 43:3 44:8 ,19 53:17 60:2 62:1 62:3 63:21 69:22 95:4 107:22 108:1 114:13 122:8,25 123:4 ,20,24 125:6 129:5 ,11 137:24 139:5 143:7 ,13,17 146:23 147:4 150:12 152:16 155:21 165:21 184:2 193:2 ,3,20 197:7 211:7 215:23 237:13 237:15 259:3 understands 48:12 254:9 understood 15:2 22:9 23:4 24:4 24:24 26:23 29:18 ,20 42:7 48:5 54:1 62:4 75:7 85:21 91:12 94:16 97:15 114:25 117:11 122:18 123:9 129:21 140:20 152:10 184:4 224:18 250:12 252:8 253:1 259:2 unfortunately 160:12 161:14 213:17 unfounded 127:6 unified 164:9 unit 5:13 united 1:1 5:17 37:16 119:2,8 256:19 257:9 units 263:12 universidad 18:5 university 17:25 18:4 ,5 unknown 150:5 unprobable 127:6 unquote 228:16 unwrap 250:7 251:1 update 251:25 252:1,1 updated 38:23 174:11 upgrade 34:12 34:25 35:4 upgraded 34:6 upgrades 34:13 34:14 upgrading 35:7 35:11 upload 83:23 99:16 115:5 165:11 ,24 171:17 uploaded 163:16 166:8 171:9 174:17 uploading 71:12 147:19 165:20 165:22 170:14 171:14 172:4 174:4 ,4 upset 247:15 ,16 upward 88:2 usa 53:22 54:1 usage 91:8 use 15:22 16:12 22:2 28:23 48:18 ,19 80:1 106:24 ,25 132:24 146:21 146:23 163:1,1 167:21 ,23 179:18 180:25 191:11 194:4 196:7 user 29:16 30:18 usually 103:21 133:12 utilities 26:4,5 28:14 ,15,21 29:5 29:7 34:21 37:16 47:12 ,12 83:2,15 89:22 91:25 92:8,18 98:4 130:20 ,25 131:5 217:10 231:23 ,25 234:23 235:1,3 241:3 245:20 247:2 [u.s. - utilities] Page 54 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 122 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 utility 99:10 118:8 v v 198:21 231:10 vacations 256:4 valadez 3:15,18 4:15 73:14,18 74:1,15 75:2 78:5 88:9 89:10 110:22 112:16 146:3 222:2 ,18 validate 127:4 valle 25:23 90:3 valley 257:14 ,16 258:1 ,16 valparaiso 27:21 value 216:18 vanir 115:18 ,18 116:18 198:9,11 198:17 ,18,23,25 198:25 231:6,7,9 232:16 ,17 233:20 237:25 238:2 ,5 251:15 251:15 variables 76:1 variety 162:1 various 3:17,20 3:23 4:7,9,16,19 61:11 ,11 146:14 vendor 126:20 196:11 241:5 vendors 186:5 veolia 25:21 34:10 verbal 10:3 234:1 ,4 verifies 182:3 verify 149:1 227:25 veritext 5:22 ,25 263:13 version 4:2,5,12 4:14 24:5 ,9 34:15 35:6,8,10 38:23 125:2 147:23 148:7,11 148:14 ,24 149:5 149:6 ,13 158:25 159:1 163:15 165:24 172:18 173:1 ,2,7,15 174:10 ,11 207:10 213:13 262:18 versions 32:11 68:12 171:16 versus 5:16 vice 32:15 77:24 77:25 78:1 video 5:11,14 139:21 videoconference 1:12 2:6,12 3:3 videographer 2:13 5:3,23 6:15 6:21 64:6 ,10 65:5 120:13 139:24 140:3 157:3 ,7 189:15 189:19 200:14 200:17 225:21 225:25 236:15 263:9 videotaped 1:12 3:3 view 39:5 51:6 93:24 95:10,19 95:21 128:24 147:13 160:7 164:9 165:5 216:21 225:16 228:14 229:14 229:16 230:17 230:25 247:8 virtual 5:21 8:18 66:24 virtually 5:6 74:22 volatile 222:3 ,20 223:21 vr 3:16 vs 1:5 w wait 9:13,14,17 9:17 239:3 waive 7:8 walder 105:2 153:19 154:1 want 9:4,10,11 9:12 16:23 18:13 31:18 33:5 42:19 51:13 52:19,23 52:24 53:25 55:5 ,7,11 73:17 78:15 80:21 88:15,18 89:14 91:18,19 96:2 100:9 101:13 103:9,19 104:15 104:17 ,17 111:23 119:17 119:18 120:4,8 125:16 ,17 129:23 134:19 134:19 139:22 143:9 146:1 ,15 153:4 158:22 160:8 ,10,19,22 161:4 ,6,8,9,11 173:17 178:13 181:15 182:10 183:23 190:6 192:23 194:3 200:21 202:12 204:3 212:18 213:7 221:11 224:13 226:15 226:24 227:20 232:12 233:8 250:21 ,22 257:21 263:16 wanted 14:3 18:21 19:1,2,3,4 55:2 65:9 84:21 85:4,5 90:1 100:17 101:8 108:23 109:10 111:24 113:24 116:24 131:7,15 136:13 139:14 144:19 154:16 182:4 185:13 188:17 204:9 205:24 206:16 207:11 ,14,17 208:18 223:18 230:16 ,17 231:4 [utility - wanted] Page 55 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 123 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 231:14 ,19 233:16 250:13 250:14 251:18 251:19 256:4 wants 52:18 155:8 204:4 216:24 waste 104:16 ,17 104:18 water 25:15 ,25 26:18 34:7 47:12 90:6 92:5 92:6 99:8 257:14 ,14,16,18 257:19 258:1,1 258:16 ,17 260:10 wave 139:3 way 9:15 16:22 29:4 37:12 38:3 49:15 ,15,19 50:19 52:16 53:4 56:23 57:10 68:5,7 79:12 84:13 88:2 99:4,10,11 102:5 114:25 115:11 121:4 137:23 ,23 138:6 145:5 148:4 170:13 177:2 178:23 183:23 185:12 ,14,18 186:20 203:17 220:16 231:2 250:14 253:2,3 254:24 265:15 ways 177:1 186:15 we've 178:19 227:12 wechter 2:3 6:13 6:13 7:14 ,14 wechter.andrea 2:6 week 13:25 66:17 87:4 138:20 202:22 228:5 248:7 255:25 weekly 144:3 ,10 144:16 weeks 15:5 ,7 66:16 75:1 101:5 249:24 256:1 weird 232:6 ,7,10 welcome 64:14 140:7 189:23 221:23 226:4 went 15:5 23:19 26:9 27:9 31:11 90:20 141:5 ,18 141:19 142:12 157:2 188:6 190:7 191:22 192:1 ,11,13,20 194:20 209:15 232:9 255:12 wewatta 2:4 whitney 2:3 6:11 6:14 wife 17:10 ,11,15 65:1 140:17 ,18 wilkins 236:11 william 219:6 ,10 243:11 ,17 244:1 244:2,3,5 willing 209:2 216:7 231:17 windham 3:7 5:24 9:9 265:3 265:22 window 201:16 wish 114:1 witness 5:9 6:23 7:5,12 80:22 265:7 word 18:25 39:7 51:13,18 123:8 141:2 149:19 191:11 ,14 194:4 241:6 246:20 258:16 words 49:4 173:9 213:6 work 19:7 ,8 21:24 22:4 32:2 36:2 40:25 42:5 42:16 44:19 47:9 ,11 49:20 67:12 77:6 80:3 83:17,25 88:2 115:21 120:20 120:24 121:2 128:10 ,16 130:12 132:7 ,9 132:10 133:12 134:4,16,19 139:11 152:1 184:17 188:21 188:24 207:23 219:20 232:25 234:12 240:21 241:3 242:1 253:2 255:5 256:21 ,22 259:22 260:12 260:15 worked 36:1 38:16 45:1 49:2 53:14 ,16 56:8,11 77:20 82:16 105:21 186:15 211:15 ,23 212:14 224:10 227:17 240:20 254:25 255:7 256:18 working 19:6,11 27:11 32:5 37:7 37:13 53:19 65:20 77:22 137:7 138:17 ,22 151:23 165:13 182:14 191:18 212:13 220:14 220:16 ,17 224:7 230:1 ,2 233:23 234:8 247:11 251:23 254:14 256:7 ,10 257:8 261:12 workloads 50:22 works 50:19 87:25 111:20 workshop 66:23 66:24 87:4 101:4 103:13 104:24 [wanted - workshop] Page 56 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 124 of 127 Diego Felipe Lopez Gaviria - August 5, 2022 workshops 65:22 ,25 66:1,8 66:9,12,17,20 87:7 101:14 ,16 131:24 260:2 worried 197:21 227:24 worry 107:15 worse 251:25 worst 228:12 wrapped 115:12 249:1 ,4,4,9,16 250:1 252:6 write 92:11 149:10 writing 34:15 167:3 185:21 written 3:1 66:5 89:20 114:24 234:1 ,5 249:12 wrong 20:22 89:9 119:5 224:15 ws 235:3 x x 3:10 138:21 250:5 y y 138:22 250:5 yeah 8:1 9:24 10:13 14:10 15:11 16:20 20:7,7 22:16 23:23 ,23 25:20 26:5,12 27:6,6 30:12 ,12 31:5,7 31:10 ,17 35:21 37:4 43:2 ,6 45:10 53:10 56:1 60:23 61:16 ,19 63:3 64:1,23,23 66:1 66:10 67:4,24 71:21 72:2 73:19 ,25 76:15 77:17 78:2,17,22 79:10 ,14 81:12 81:12 ,13,14 89:2 90:5 91:11,15,22 92:5,19 101:20 102:11 103:7 108:4 110:15 ,20 110:25 111:12 112:1 ,6,17 116:21 117:1,5 124:3 125:23 126:17 128:7,7 129:2 130:3 ,9,15 130:17 140:9,19 141:17 146:12 149:3 151:21 ,21 153:14 ,20 154:13 158:11 158:13 159:9,17 177:21 178:5 185:18 191:14 197:15 ,15 198:7 198:18 201:15 203:1 213:16 214:18 ,19 215:11 218:14 219:16 222:12 231:9 232:5 233:8 ,22 236:14 236:14 ,22 238:16 239:10 239:21 242:22 244:5 245:13 ,15 248:10 ,18 249:2 252:17 254:6 258:10 261:10 year 19:23,24,25 23:19 26:10 73:2 ,3 79:9,13 years 20:11 23:20 28:5 56:11 114:25 115:4 yep 153:7 yesterday 75:9 z z 250:5 zero 166:14 167:9,14 168:11 zoom 8:21 [workshops - zoom] Page 57 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 125 of 127 Federal Rules of Civil Procedure Rule 30 (e) Review By the Witness; Changes. (1) Review; Statement of Changes. On request by the deponent or a party before the deposition is completed, the deponent must be allowed 30 days after being notified by the officer that the transcript or recording is available in which: (A) to review the transcript or recording; and (B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them. (2) Changes Indicated in the Officer's Certificate. The officer must note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, must attach any changes the deponent makes during the 30-day period. DISCLAIMER: THE FOREGOING FEDERAL PROCEDURE RULES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE ABOVE RULES ARE CURRENT AS OF APRIL 1, 2019. PLEASE REFER TO THE APPLICABLE FEDERAL RULES OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION. Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 126 of 127 VERITEXT LEGAL SOLUTIONS COMPANY CERTIFICATE AND DISCLOSURE STATEMENT Veritext Legal Solutions represents that the foregoing transcript is a true, correct and complete transcript of the colloquies, questions and answers as submitted by the court reporter. Veritext Legal Solutions further represents that the attached exhibits, if any, are true, correct and complete documents as submitted by the court reporter and/or attorneys in relation to this deposition and that the documents were processed in accordance with our litigation support and production standards. Veritext Legal Solutions is committed to maintaining the confidentiality of client and witness information, in accordance with the regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA), as amended with respect to protected health information and the Gramm-Leach-Bliley Act, as amended, with respect to Personally Identifiable Information (PII). Physical transcripts and exhibits are managed under strict facility and personnel access controls. Electronic files of documents are stored in encrypted form and are transmitted in an encrypted fashion to authenticated parties who are permitted to access the material. Our data is hosted in a Tier 4 SSAE 16 certified facility. Veritext Legal Solutions complies with all federal and State regulations with respect to the provision of court reporting services, and maintains its neutrality and independence regardless of relationship or the financial outcome of any litigation. 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Case No. 1:21-cv-02063-CNS-SBP Document 267-1 filed 10/13/23 USDC Colorado pg 127 of 127 Exhibit B Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 1 of 86 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 2 Civil Action Number 21-cv-02063-CNS-MEH 3 CITY OF FORT COLLINS, 4 Plaintiff/Counterclaim Defendant, 5 vs. 6 OPEN INTERNATIONAL, LLC, 7 Defendant/Counterclaim Plaintiff, 8 and 9 OPEN INVESTMENTS, LLC, 10 Defendant. 11 ------------------------------------------------------ 12 VIDEO VIDEOCONFERENCED RULE 30(b)(6) DEPOSITION OF DIEGO FELIPE LOPEZ GAVIRIA 13 Open International, LLC September 23, 2022 14 ------------------------------------------------------ 15 16 17 18 19 20 21 22 23 24 25 Page 1 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 2 of 86 Page 2 1 VIDEOCONFERENCED APPEARANCES: 2 ON BEHALF OF THE PLAINTIFF: MARAL J. SHOAEI, ESQ. 3 Dorsey & Whitney, LLP 1400 Wewatta Street, Suite 400 4 Denver, Colorado 80202 Phone: 303-352-1116 5 Email: shoaei.maral@dorsey.com 6 JOHN DUVAL, ESQ. Deputy City Attorney 7 City of Fort Collins 300 West Laporte Avenue 8 Fort Collins, Colorado 80521 Phone: 970-290-4200 9 Email: jduval@fcgov.com 10 ON BEHALF OF THE DEFENDANTS OPEN INTERNATIONAL, LLC, AND OPEN INVESTMENTS, LLC: 11 ALEXANDRIA E. PIERCE, ESQ. Holland & Hart, LLP 12 555 17th Street, Suite 3200 Denver, Colorado 80202 13 Phone: 303-295-8578 Email: aepierce@hollandhart.com 14 Also Present: Dennis Clayton, Videographer 15 16 17 18 19 20 21 22 23 24 25 Page 3 1 PURSUANT TO WRITTEN NOTICE and the 2 appropriate rules of civil procedure, the video 3 videoconferenced Rule 30(b)(6) deposition of 4 DIEGO FELIPE LOPEZ GAVIRIA, Open International, LLC, 5 called for examination by the Plaintiff/Counterclaim 6 Defendant, was taken with all parties appearing remotely, 7 commencing at 8:02 a.m. on September 23, 2022, before 8 Kimberly Smith, Registered Professional Reporter and 9 Notary Public in and for the State of Colorado. 10 11 I N D E X 12 EXAMINATION: PAGE 13 By Ms. Shoaei 7 14 15 EXHIBITS: PAGE 16 Exhibit 455 Email to Ordonez and others from 29 Santacoloma, 3/7/18 17 Exhibit 456 Email to Nunez, 7/11/18, with 36 18 attached email 19 Exhibit 457 Resource Detail Cost Matrix 37 20 Exhibit 458 Timeline 50 21 Exhibit 459 Email to Paul and others from 60 Valadez, 7/10/18 22 Exhibit 460 Discussion Notes 61 23 Exhibit 461 Open Innovation Beyond Dreams 93 24 Presentation 25 Page 4 1 Exhibit 462 Email to Bishop from Lopez, 103 8/14/18 2 Exhibit 463 Project Plan 103 3 Exhibit 464 Email to Lopez and others from 152 4 Mercado, 1/29/2020 5 Exhibit 465 Attachment 152 6 Exhibit 466 Email to Amato from Lopez, 159 10/7/2020, with attached emails, 7 with attachments 8 Exhibit 467 Project Change Request No. SAO: NA 159 9 Exhibit 468 Progress Report Implementation 167 Project Project Management 10 EXHIBITS (Previously marked): 11 Exhibit 27 Project Change Request No. 29 162 12 Exhibit 241 Master Professional Services 69 13 Agreement 14 Exhibit 246 Email to Parrott from Valadez, 127 10/2/18, with attachment 15 Exhibit 246.1 Spreadsheet 127 16 Exhibit 356 Packet 141 17 18 19 20 21 22 23 24 25 Page 5 1 P R O C E E D I N G S 2 (At this time Mr. Duval is not present.) 3 THE VIDEOGRAPHER: Good morning. We're 4 going on the record at 9:02 a.m., in Columbia, on 5 nine -- September 23, 2022. 6 Please note this deposition is being 7 conducted virtually. The quality of the recording 8 depends on the quality of the camera and the Internet 9 connection of the participants. What is seen from the 10 witness and heard on the screen is what will be 11 recorded. 12 Audio and video recording will continue to 13 take place unless all parties agree to go off the 14 record. 15 This is Media Unit No. 1 of the 30(b)(6) 16 recorded deposition of Open International, with 17 designated representative Diego Lopez, taken by 18 counsel for the plaintiff in the matter of the City of 19 Fort Collins versus Open International, LLC, and 20 related claims, filed in the United States District 21 Court, District of Colorado; Case No. 22 21-cv-02063-CNS-MEH. Please note this deposition is 23 being conducted remotely using virtual technology. 24 My name is Dennis Clayton representing the 25 firm Veritext Legal Solutions, and I am the 2 (Pages 2 - 5) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 3 of 86 Page 6 1 videographer. The court reporter today is Kimberly 2 Smith from the firm Veritext Legal Solutions. 3 I'm not related to any party in this 4 action, nor am I financially interested in the 5 outcome. 6 If there are any objections to the 7 proceedings, please state them at the time of your 8 appearance. 9 Counsel and all present, including 10 remotely, will now state their appearances and 11 affiliations for the record, beginning with the 12 noticing attorney. 13 MS. SHOAEI: Good morning. Maral Shoaei 14 from Dorsey & Whitney on behalf of plaintiff, the City 15 of Fort Collins. 16 MS. PIERCE: Alexandria Pierce from 17 Holland & Hart on behalf of Defendants/ 18 Counterclaimants Open International and Open 19 Investments. 20 THE VIDEOGRAPHER: Okay. The reporter has 21 a statement and will swear in the witness. 22 THE REPORTER: All counsel participating in 23 this deposition acknowledge that I am not physically 24 present with counsel nor the deponent and that I will 25 be reporting this deposition and swearing in the Page 7 1 deponent remotely. 2 In lieu of an oath administered in person, 3 the witness declares that his testimony in this matter 4 is being given under penalty of perjury. The parties 5 and their counsel consent to this arrangement and 6 waive any objections to this manner of providing an 7 oath. 8 Counsel, please indicate your agreement by 9 stating your name and your agreement on the record; 10 and then I will swear in the witness. 11 MS. SHOAEI: Maral Shoaei. Agreed. 12 MS. PIERCE: Alex Pierce. Agreed. 13 DIEGO FELIPE LOPEZ GAVIRIA 14 having been first duly sworn, was examined and 15 testified as follows: 16 EXAMINATION 17 BY MS. SHOAEI: 18 Q Good morning, Mr. Lopez. 19 A Good morning, Maral. 20 Q Nice to see you again. I know that we saw 21 each other a few weeks ago. 22 Just for the record, can you please state 23 your full name. 24 A Diego Felipe Lopez Gaviria. 25 Q Thank you. And just like your last Page 8 1 deposition, I'll call you Mr. Lopez, unless you prefer 2 a different name. 3 A That's okay. 4 Q Just as a reminder from our last 5 deposition, going through some deposition rules: 6 Again, our stenographer, Ms. Smith, is going to be 7 writing down or transcribing everything that we're 8 saying today. So please use verbal responses, so no 9 uh-huhs, huh-uhs, shakes of the head. 10 Also, if you have -- if you need to take a 11 break, just let me know. The only thing I ask is that 12 we answer the question pending, and then we can take a 13 break. 14 And you understand that you are under oath 15 today, sir, correct? 16 A Yeah. Understood. 17 Q Thank you. And the -- I know it's 18 difficult with Zoom and sometimes the Internet 19 difficulties, including even my own. 20 We want to make sure we have a clean 21 record, so I ask that you please wait until I finish 22 my question to answer, and I will try to do the same. 23 Okay? 24 A Okay. 25 Q Perfect. Is there anything here today, Mr. Page 9 1 Lopez, that's preventing you from answering 2 truthfully? 3 A No. 4 Q And you understand that you are here today 5 as a corporate designee to provide Open 6 International's testimony as to specific topics; is 7 that right? 8 A Yeah. I understand. 9 Q Okay. In general, what did you do to 10 prepare for today's deposition? 11 A I have meetings with my lawyers, with Alex; 12 and I have some discussions with some people, that I 13 needed to get information from the company. 14 Q Okay. And who did you speak to with -- at 15 the company? 16 A Juan Torres, Jairo Contreras, and Hernando 17 Parrott. 18 Q Okay. And when did you speak with them? 19 A Early this week. And with Jairo and Juan 20 Torres, through the week. Yesterday, I have a couple 21 of calls with them, them both, with Jairo Contreras 22 and Juan Torres. 23 Q Okay. And so what did you speak to -- what 24 did you speak with -- about with Mr. Contreras? 25 A Regarding some of the -- if he can help me, 3 (Pages 6 - 9) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 4 of 86 Page 10 1 as he has been working on some of the answers that we 2 have provided to the -- to -- on the interrogatories, 3 so maybe some guidance on the documents that I was not 4 understanding. 5 And I think that that -- overall think that 6 if he had some of the -- or any other document or 7 thing that I can read to -- to be prepared for the 8 deposition. 9 Q Okay. And what did you speak with when you 10 spoke with Mr. Torres, I believe was his name, right? 11 Juan Torres? 12 A Yeah. We speak about -- because there are 13 some things that I was not fulfilling when I was 14 working as a project manager. 15 And it was regarding the support that was 16 given from Open after Go-Live, after the 17 implementation of Broadband. So I had a couple of 18 doubts, and I asked him to answer. 19 Q Okay. And I believe you mentioned Mr. 20 Contreras -- or you asked Mr. Contreras for some 21 documents. 22 Did you review documents that -- in 23 preparation for your deposition today? 24 A Yes, yes. A lot of documents. 25 Q Okay. Page 11 1 A Emails, memorandums. 2 Q Okay. So emails and memorandums. Do you 3 recall any of them specifically? 4 A No. There were a lot. 5 Q Did Mr. Torres provide you any documents 6 that you reviewed in preparation for your deposition 7 today? 8 A No. No. 9 Q Okay. And I believe you mentioned you 10 spoke to Mr. Parrott. When did you speak to Mr. 11 Parrott? 12 A Early this week. It was Monday -- Monday 13 or Tuesday. Talking about general aspects of the 14 deposition. 15 Q Have you spoken to -- did you speak to Mr. 16 Parrott after he was deposed on Tuesday? 17 A No. 18 Q Okay. Have you spoken to anyone that has 19 been previously deposed in this case about -- in 20 preparation for your deposition today? 21 A No. 22 Q Have you read any deposition transcripts in 23 preparation for your deposition today? 24 A No. 25 Q When you say, "the interrogatories" -- I Page 12 1 think you mentioned that you wanted some clarification 2 both -- from Mr. Contreras on some interrogatories -- 3 what interrogatories were you referring to? 4 A The ones that we answered, the City. I 5 don't know what -- the first set or the second set, 6 but I just wanted to -- to review them. So I asked 7 him if he had the last (inaudible). 8 THE REPORTER: The last what? I'm sorry? 9 A Copy or version. 10 Q (By Ms. Shoaei) Okay. And did you review 11 any other -- did you review any specific 12 interrogatory? 13 A No. No. I -- I read them all. 14 Q Did you read -- or did you look at any 15 pleadings that had been filed in this case? 16 A Sorry. What? 17 Q Have you read any pleadings? So for 18 instance, the complaint, counterclaims, those are both 19 court documents. Maybe I should put it that way. 20 Court -- any court documents? 21 A No. I think that -- I don't know if that 22 is a court document, but the -- the -- the claim or 23 the original claim. I think that was the name of 24 the -- of the document. 25 I don't know if that -- if that enters in Page 13 1 this -- in this group of documents, but that was the 2 only document that I recall. 3 Q Okay. And just to clarify: Do you mean 4 the complaint that was filed by the City of Fort 5 Collins? 6 A It was a document that explains the 7 complaint, but also had the counterclaim, the one that 8 Open -- 9 Q I see. 10 A So -- so I don't know if it's that one, but 11 it was a document that had the claim and the 12 counterclaim. 13 Q Okay. I understand that. So what you're 14 referring to is the answer -- Open's answer and Open's 15 counterclaims. I understand. 16 A Okay. Okay. 17 Q Okay. Thank you. There's a lot of 18 legalese terms. I understand that. They get 19 confusing. So thank you for explaining that. 20 Did you speak to anyone else in 21 preparation -- other than your counsel and who you 22 already spoke to -- or spoke about, in preparation for 23 your deposition today? 24 A No. I don't recall. 25 Q Did you do anything else to prepare for 4 (Pages 10 - 13) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 5 of 86 Page 14 1 your deposition today? 2 A No. Besides reading a lot, no. 3 Q Okay. And so as we just briefly mentioned 4 here a little -- a few minutes ago, you're here on 5 behalf of Open with respect to certain corporate 6 topics. 7 And have you seen the notice for the 8 deposition with the topics for today? 9 A Yeah. I know that there are 60-plus 10 topics. We made some assignment of them through the 11 people that we're going to be talking about or having 12 the deposition on behalf of Open. So I have seen 13 them, and I reviewed at least mine. 14 Q Okay. Okay. And so you're familiar with 15 the topics that are -- that you are designated for? 16 A Yeah. 17 Q Okay. Excuse me. Okay, Mr. Lopez. 18 With -- let's just go ahead and jump into the project. 19 And I'm going to use the same terminology as we used 20 in our last deposition. 21 When I refer to "the project," I'm talking 22 to -- talking about the project with the City of Fort 23 Collins. Is that understood? 24 A Yeah. Okay. 25 Q Great. And when I refer to "OSF," Page 15 1 "SmartFlex," "Open's product," I'm referring to 2 Open -- Open SmartFlex. 3 Is that fair? 4 A Yes. 5 Q And when I refer to "CIS" or "OSF," do you 6 understand what those would be -- what those acronyms 7 would mean? 8 A Yes. 9 Q Okay. And if you ever have -- if you do 10 not understand what I'm referring to, just let me 11 know. Okay? 12 A Okay. Understand. 13 Q Okay. And the same rules will apply as our 14 last deposition. If you answer a question, I will -- 15 I will assume that you understood it. 16 Is that fair? 17 A Okay. 18 Q Perfect. All right. So going to the 19 project here: In spring of 2018, Open submitted a 20 proposal and response to the City's request for 21 proposal, right? 22 A Yes. 23 Q Okay. And part of that proposal included a 24 variety of I guess I would say support or documents, 25 including a proposed schedule, correct? Page 16 1 A Yes. 2 Q And it included expected costs for the 3 project; is that right? 4 A Yes. 5 Q And general staffing requirements that 6 would be proposed on the project; is that right? 7 A Yes. 8 Q In preparation for submitting the proposal, 9 did -- did any third parties assist Open in putting 10 the proposal together? 11 A Yes. Milestone, people from Milestone, and 12 specifically Edith and Dwayne. I think that they were 13 the most relevant ones that I had -- that I am aware 14 of. 15 Q Okay. And what was Milestone's role with 16 respect to the proposal that Open was going to submit 17 to the City? 18 MS. PIERCE: Objection. Form. 19 A Initially, there were -- we were -- we were 20 partners at the time, so the idea was that they will 21 be part of the project team, part of the 22 implementation team. 23 And also, there were some services that the 24 City or this proposal were asked that -- we thought 25 and agreed that Milestone was very suitable for Page 17 1 providing them; so, like, for example, services around 2 integrations, professional services, some -- some -- 3 some integrations that -- that the City asked for and 4 also services around migration. 5 And obviously, we wanted to have them in 6 the project team in order to augment our team and our 7 experience, understanding that they had a lot of 8 experience in the U.S. market. 9 Q (By Ms. Shoaei) And part of the 10 proposal -- did -- excuse me. Scratch that. 11 Was Milestone involved in the project 12 schedule that was proposed by Open in the proposal to 13 the City's RFP? 14 A Was involved? I didn't understand that. 15 Q Sorry. Let me say that again: Was 16 Milestone involved in the projected schedule that Open 17 provided in its proposal in response to the City's 18 RFP? 19 A Yes. Yes. We shared them with them, and 20 we had feedback from them. 21 Q And what was the feedback from Milestone 22 with respect to the project schedule? 23 A We have -- at the beginning, most of the 24 feedback was around the terminology that we'd use on 25 the different processes and phases; because regardless 5 (Pages 14 - 17) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 6 of 86 Page 18 1 that we have been working with them and talking about 2 the methodology, there were some doubts around it. 3 And also, on the -- we reviewed them 4 about -- we review about understanding the teams who 5 will be involved, the roles; also review specific 6 things like what are the outcomes of this phase, what 7 are the -- the inputs of this other phase. 8 We talked about system testing and the 9 overall -- was reviewing the overall duration and the 10 assumptions that we had in order to come to -- to -- 11 to comply or to -- or to support this -- this 12 schedule. 13 Q Okay. And you mentioned that Milestone had 14 some doubts. What were Milestone's doubts at that 15 time? 16 A At the time, for example, I remember one 17 where -- where does -- we do mocks. That was one of 18 the topics: mocks. Mocks is a -- is a specific 19 activity that is do -- it's like -- go like 20 rehearsals. 21 So I remember explaining to Edith that we 22 do it and -- and it was not thrown or put in the 23 overall schedule, but it was included in the -- in the 24 activity -- in the big activity that we call 25 migration, in which we will do these kind of mocks. Page 19 1 The other thing that she have doubts about 2 was about training, the context of the training, 3 because we had different moments for training, initial 4 training; then another -- reinforce of training before 5 testing, configuration training, and more specific 6 things in how we were looking to approach them. 7 And discussions -- or the other doubt that 8 I remember was the -- the (inaudible). 9 THE REPORTER: The what? I'm sorry? 10 A Stabilization. The last process or the 11 post-Go-Live process, that she wanted to know a little 12 bit more of all the activity that we -- were we late 13 in it. 14 Q (By Ms. Shoaei) Okay. And -- excuse me -- 15 as part of its proposal -- it being Open here -- did 16 Open understand what the City was looking for when it 17 published its RFP? 18 MS. PIERCE: Objection. Form. 19 A It's very difficult to answer that because 20 what I said is that we had the offer and we made -- we 21 answered that offer with our best interpretation for 22 what was written there. 23 And we have some meetings, some -- I will 24 say several or -- several instances or moments, we 25 have workshops and we have meetings, in which we had Page 20 1 the time to exchange questions and communicate to them 2 doubts that we have in order to -- to try to be sure 3 that we were on the same page, but that's -- what can 4 I say about -- about the needs of Fort Collins. 5 Q (By Ms. Shoaei) Okay. Well, Open did 6 submit a proposal, correct? 7 A Yes. 8 Q Okay. So what did -- in response to just 9 the initial proposal, what did Open understand the 10 City was looking for? 11 MS. PIERCE: Objection. Form. 12 A I think that -- that what I can say was 13 what we interpret was what we had written there. 14 Q (By Ms. Shoaei) Okay. So what did you -- 15 so what did you interpret the City wanting in its RFP 16 when Open submitted its original proposal? 17 MS. PIERCE: Objection. Form. 18 A In what terms? In terms of the project 19 strategy? In the product? 20 Q (By Ms. Shoaei) What did you under- -- 21 what kind of system did you understand the City was 22 looking for when -- as part of the RFP when Open 23 submitted its proposal? 24 MS. PIERCE: Objection. Form. 25 A In terms of the software, we understood Page 21 1 that they were looking for a -- for a new -- for a CIS 2 that support the new business that they were putting 3 in place, which was Broadband, and that they were also 4 looking to integrate this new business with their 5 current business that were utilities in a system 6 that -- that could -- that they call and use for both 7 businesses. 8 And also, they were looking -- and in the 9 early, there were a lot of specifications of the 10 software. But as overall, the need was to -- to -- at 11 least what we understood, that they were needing a 12 software to help them operate Broadband and upgrade 13 the software that they have or the CIS that they 14 have -- that they currently had for Utilities. 15 Q (By Ms. Shoaei) Okay. And I know we're 16 talking about software here, but this is all about 17 billing. It's not like -- it's not Open was providing 18 the actual telecommunications or the Broadband. 19 It's the billing system for Utilities and 20 Broadband, correct? 21 A It's a little bit more than that. It's 22 billing. And there are, like, the core process or the 23 central process and the processes that you need for 24 billing. 25 But also, CIS has all the customer 6 (Pages 18 - 21) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 7 of 86 Page 22 1 relationship, all the revenue management, but also the 2 interaction with the client, with the client of 3 Utilities. 4 Any -- any request will go through the CIS, 5 that eventually could attach the billing or not. That 6 will be something that could happen. 7 And also, around the billing, there is the 8 priority part, which is going to what we call the 9 field, going to the user house, houses, to -- to -- 10 let's say to install a meter. That process is related 11 mainly with billing, also supported by the CIS. 12 Q Okay. And so you -- okay. And so you 13 mentioned how the City wanted to upgrade its current 14 system and add its -- add Broadband; is that right? 15 A Yes. 16 Q Okay. And this was going to be through an 17 integrated system; is that correct? 18 MS. PIERCE: Objection. Form. 19 A Yes. 20 Q (By Ms. Shoaei) And in response to the 21 RFP, the City -- excuse me -- Open represented to the 22 City that it has a homogenous integrated system; is 23 that right? 24 A I don't recall exactly -- 25 MS. PIERCE: Objection -- Page 23 1 THE DEPONENT: Sorry. 2 Q (By Ms. Shoaei) You don't know -- 3 A I don't recall exactly -- exactly the 4 words, but I will say that that services that we 5 provide from the software perspective are integrated 6 in one software, in one solution from the software 7 perspective. 8 Q Okay. And so in -- to break that down is 9 typically you -- we know we mentioned CIS. And that 10 is typically used for Broadband; is that right? 11 MS. PIERCE: Objection. Form. 12 A No, not really. CIS is also -- 13 Q (By Ms. Shoaei) Let me flip that. I 14 apologize. 15 A -- with Utilities. 16 Q Exactly. Sorry. Let me flip that. CIS is 17 usually for -- typically used for Utilities, correct? 18 MS. PIERCE: Objection. Form. 19 A Not always; because if you are only having 20 the part for client relationship of billing, it is 21 also correct to say that a CIS can cover Utilities. 22 Q (By Ms. Shoaei) Right. Okay. And then 23 OSF is typically for telecommunications or Broadband; 24 is that right? 25 A OSF? Page 24 1 Q Yes. 2 A Yes. For telecommunications, Utilities. 3 In Utilities, we have a lot of services: disposal, 4 energy, water, gas. 5 We have telecommunications because -- let 6 me correct. Not only Broadband. I think that that 7 current work is telecommunications; because we support 8 TV, we support landlines, we support satellite phones, 9 IP phones, whatever service can be -- is provided 10 by -- massively in the telecommunications market. 11 Q Okay. And so how does OSF provide the 12 services to telecommunications while -- while doing 13 the services for Utilities? 14 MS. PIERCE: Objection. Form. 15 A Technically or . . . 16 Q (By Ms. Shoaei) How did -- how did Open 17 represent that OSF is able to present -- to provide 18 services for telecommunications and Utilities with 19 OSF? 20 A Because OSF is billed in a way that -- with 21 the same coding or -- I recall having this term "core 22 of code," software. It's able to process transactions 23 and to -- to do the work for any -- any -- any 24 service. 25 What Open -- or OSF does is that with the Page 25 1 same core, which is the same for every single 2 industry, we have a second ledger and a ledger that 3 covers this core. 4 That is mainly composed by workflows by 5 some data, some specific things that give the -- the 6 end user the ability to have different ways to use the 7 same core. 8 So with this ledger that we call industry 9 ledger, we gave like the flavor of the software in 10 terms of what the client needs. 11 So in this case, we have several companies 12 that provide different -- different services that use 13 different types of these layers, but they will use the 14 same core; and that is how we -- we represent it to 15 the City. 16 Q Based on what version of OSF did Open 17 respond to the City's RFP? 18 A Based on Version 8. 19 Q And when was Version 8 released? 20 A It formally was released in January 2019. 21 Q And the proposal to the City was provided 22 in spring of 2018, as we talked about earlier. So how 23 did Open propose a product that it hadn't released yet 24 in its proposal to the City's RFP? 25 A Basically, because our version is produced 7 (Pages 22 - 25) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 8 of 86 Page 26 1 a couple of months. This version -- we had been 2 working several years on the version. We were on the 3 last stage of -- of this version. We were -- we were 4 in the last processes on the -- on 2018. And so we 5 had, I would say, a clear picture of -- of that 6 version. 7 And what was pending was some adjustments, 8 quality assurance, to develop specific things that 9 were the last things to do. 10 But the -- but I would say that the 11 majority of things were already done by the time 12 that -- that we -- we answered and we submitted the -- 13 the proposal to Fort Collins. 14 Q In the proposal, did Open tell the City 15 that there was going to be a future release of the 16 product? 17 A Yes. Yes. We told the City that -- that 18 we were working on this -- on this version, that they 19 will be the first ones that will have it, and that it 20 will be released on December 31 of 2018. 21 Q And did you -- is that written in the RFP? 22 A I don't recall exactly, to be -- to be 23 honest. I don't recall exactly if he's reading in 24 some part, written; but definitely during the 25 workshops and during the -- I think they were called Page 27 1 clarification meetings, we discussed that. 2 Q Okay. So you don't know if it's written in 3 the proposal, but it was discussed with people at the 4 City afterwards; is that right? 5 A Afterwards. It would be before, before we 6 submitted; because I do recall that the sales team -- 7 or the sales team had also discussions with -- with 8 the City before all this process was even put -- put 9 in place. 10 And that was one of the things that we tell 11 them: that we were working -- working on a new 12 version, a new version that was oriented to the U.S. 13 market. 14 And if they eventually will come to -- to 15 the offer, we will be looking to have them as the 16 first client, and obviously they will be having this 17 first version. 18 Q And I just want to make sure that we're 19 talking about the same time frame. You're -- 20 you're -- you just said -- and I want to clarify this: 21 You're saying that Open told the City about the future 22 Version 8 prior to submitting the very first proposal 23 in response to the City's RFP? 24 A Yes. Yes. We have, as a company -- and 25 the sales team had several conversations before. I Page 28 1 think -- I recall that there was even some demo or a 2 presentation made to some -- some of the City 3 executives around OSF. 4 And afterwards -- I don't remember how 5 long. I think it was maybe between the time frame of 6 a year. Afterwards, that -- then the -- the -- the 7 people for the RFP from the City came out, and we 8 entered into the process of -- as the -- to -- as a 9 vendor -- a possible vendor. 10 Q Okay. And -- but sitting here today, you 11 don't know where it's stated in the actual proposal, 12 written -- written stated? 13 MS. PIERCE: Objection. Form. 14 A Exactly where it's written -- where it's 15 written that, no, I don't recall exactly. 16 Q (By Ms. Shoaei) I'm not asking if you know 17 exactly where it is. I'm saying, Was it written in 18 the RFP response to the proposal that Version 8 was 19 going to be a future release? 20 A I will say yes. What I will not recall 21 exactly is how specific it was. But I do recall that 22 we answer several RFPs saying, We will have these, 23 blah, blah, blah, blah, blah. 24 So that for sure I know it. What I don't 25 know exactly is that we were -- we said specifically, Page 29 1 This version will be releasing similar to the 31st or 2 something like that. 3 Q Okay. 4 MS. SHOAEI: I'm going to show you a 5 document here. And we'll mark this as Exhibit 455. 6 And, Alex, this is going to be Tab 1 for 7 you. 8 Q (By Ms. Shoaei) Mr. Lopez, it's going to 9 be the same kind of run-through as last time, where 10 I'll put it on my screen. 11 A Okay. 12 Q You're welcome to take control; just 13 request it. And then take a look at the document. 14 And then we'll go from there. 15 A Okay. 16 Q Are you able to . . . 17 A That was blocking. Okay. Okay. Okay. 18 Q So going to this top part here, part of the 19 proposal was a requirement that Open determine or 20 provide information on its functionalities; is that 21 right? 22 A Yes. 23 Q And this is what the -- this first part 24 here, the functional matrix, is referred to in this 25 email; is that right? 8 (Pages 26 - 29) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 9 of 86 Page 30 1 A It seems to be, on review. I don't know if 2 it was the first one or the last one. It may be 3 difficult -- I'm looking here the date. It says 4 March. March -- at least in the subject, it says 5 March 3 of 2018. 6 So I don't know if it's -- sorry. It's 7 July -- July . . . 8 Q No. Sorry. This is going to be the 9 American style, so this will be March 7, 2018. 10 A Okay. Okay. March 7. So I don't know 11 what version this is. But, yeah, this looks like our 12 review from our development team on the -- on the 13 functionality -- or the RFPs that were submitted by 14 the City. At least it seems to, because it says Fort 15 Collins letter and Fort Collins number -- 16 Q All right. 17 A -- Excel. 18 Q Okay. So here you see the -- you see the 19 first in the chart here. It says, Current 20 functionalities: 59.4 percent. 21 And then it says, Planned for 2018. The 22 first column then says 24.9 percent. And the total, 23 which is that far right column, says 84.3 percent. 24 And then it keeps adding: Future 25 Developments, Person P&T, and then Person Page 31 1 SP/Integration/Configuration. 2 In the Current functionalities, that first 3 row, what was that determin- -- what -- that 59.4 4 percent, what is that based on? 5 A When we said, "Current functionalities," it 6 means that it's already out of the -- in a version 7 that is out in the market, that is already delivered, 8 that is working right now. 9 Q So as of this time, of March 7, 2018, that 10 would be Version 7 of OSF; is that right? 11 A Yeah. 7 -- 7 something. 7 or 8 maybe -- I 12 don't know. Between something. I'm just putting it 13 in the timeline. But, yeah, it would be 7 and 8. 14 Q Right. There's different releases then of 15 Version 7; is that right? 16 A Yeah. 17 Q Okay. So the 59.4 percent is based off of 18 Version 7 of OSF. And then the 24.9 percent, is that 19 the additional functionalities that Version 8 of OSF 20 would add to the product? 21 A Yeah, you can say that, later. 22 Q Okay. And then -- so the 84.3 percent then 23 becomes Version 7, plus the Version 8 functionalities, 24 correct? 25 MS. PIERCE: Objection. Form. Page 32 1 A At the end, it will be Version 8, because 2 we -- we'll have -- again, we only have one less 3 version; so when we deploy Version 8, we will not 4 continue offering any previous version. 5 Q (By Ms. Shoaei) I understand that. I'm 6 just trying to get on how these calculations based off 7 of this document that your -- 8 A Yeah. 9 Q -- (inaudible cross-talk) is. So it's -- 10 A Yeah, it seems fair. The way -- the way 11 it's shown, yeah. So on top of the functionalities 12 that were in Version 7, we will have this 24.9 percent 13 on the things that are being worked or developed in 8. 14 Q And then do you see the third col- -- the 15 third row? Excuse me. It's called Future 16 developments. 17 What were the future developments that were 18 going to be -- that are estimated at 6.1 percent at 19 this time: in March of 2018? 20 A There are -- we have our roadmap, what we 21 call our roadmap. So we have some -- like a plan from 22 the product, so things that we are already on the -- 23 on process of being developed, in any stage, testing 24 or construction, whatever it is. 25 And there are others that we know that are Page 33 1 good for the industry, that the marketing business -- 2 the marketing area are sending to our development, 3 Hey, I think that we need that. 4 So they have like a backlog of things that 5 they will add to the -- to the version sometime in the 6 future. 7 Q Okay. And what are some specifics of 8 future developments that are referenced here for the 9 6.1 percent? 10 A What -- what functionalities were put here 11 as future developments? 12 Q Correct. 13 MS. PIERCE: Objection. Form. 14 A That is too specific. I don't recall that 15 or I don't recall a single thing that was put here, at 16 least in the review. 17 And this is difficult to answer; because if 18 your development is something that is very economic, 19 the roadmap of the project -- of the product -- 20 sorry -- is something that is constantly changing. 21 The view that we have, for example, the 22 roadmap, before having Fort Collins, that 23 prioritization will be different after we have Fort 24 Collins or any other client; because if we see, like, 25 in this case, that some things will help a future 9 (Pages 30 - 33) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 10 of 86 Page 34 1 client or an immediate client, we will switch 2 priorities and we will bring the same things to the 3 top of the -- of the -- of the priority and work on 4 them. So -- and when you do that, you may take out 5 things and include others. 6 So to answer what was exactly in this line 7 of future developments, I think that I will need to 8 read or have the Excel just to -- to know what it was 9 included with them. 10 Q (By Ms. Shoaei) In -- what was the -- 11 let's go back to the plan for the 2018 one, so the 12 24.9 percent. 13 Did the 24.9 percent that's being estimated 14 here, that would be part of Version 8, include a 15 customer service portal? 16 A Yes. This is -- this is talking about the 17 whole RFP. So -- so I will say that -- that that 18 percentage has to include it. 19 Q And so was the customer service portal part 20 of the -- I'm trying to make sure I understand what 21 you're saying here. 22 Is that -- is it part of the 59.4 percent 23 of current functionalities, or was it part of the 24 24.9 percent planned for 2018? 25 A I don't really -- Page 35 1 MS. PIERCE: Objection. Form. 2 A I cannot -- I cannot answer that with this 3 information. I would need to look into -- into -- 4 into the detail. 5 What I do know is that we have -- we have 6 functionality -- we have a portal, functionalities 7 around the portal. So -- and I -- and I -- this is an 8 overall -- what could be happening here is that part 9 could be a current functionality, part will be as 10 planned for 2018. 11 But I don't know exactly the whole portal 12 was -- was put on the plan for 2018. 13 Q (By Ms. Shoaei) Ultimately, after Open 14 submitted its original proposal to the City, they -- 15 Open conducted a demo, a demonstration for the City, 16 correct? 17 A Yes. 18 Q And that was in about late April 2018, 19 correct? 20 A Yes. 21 Q And then after that, and maybe even 22 throughout, there were negotiations between Open and 23 the City regarding a variety of things; so for 24 instance, costs, correct? 25 A Yes. Page 36 1 Q And the project schedule; is that right? 2 A I don't know if I can put it as 3 negotiations. But we talked about it, things like 4 exactly the date which we were going to start and the 5 assumptions that we have around it, some requests from 6 the City to -- to -- I remember, to have specific 7 Go-Live for Broadband, these kind of things. 8 Q All right. 9 MS. SHOAEI: Let's go ahead -- we will make 10 this Exhibit 456. 11 And, Alex, this will be Tab 2 for you. 12 Q (By Ms. Shoaei) Okay. Mr. Lopez, do you 13 see that on your screen? 14 A Yeah. 15 Q Okay. Please feel free to just take a look 16 through this document. And then I'll ask you some 17 questions. 18 A Can I have control, please, as to navigate? 19 Q Please. Yeah. Thank you. You have to 20 request it. 21 A Yeah, yeah. Sorry, sorry. I forgot just 22 how to do it. Request control. Yeah. Yeah. 23 Q There you go. 24 A Okay. Let me see. 25 Okay. Page 37 1 Q Okay. And why I wanted you to get oriented 2 is that one of the attachments here is going to be -- 3 as you saw it down here, he's referring to a cost 4 matrix. 5 Do you see that? 6 A Yes, I see it. 7 Q Okay. 8 MS. SHOAEI: This will be Exhibit 457. And 9 it's the cost matrix. 10 And, Alex, this is Tab 3. 11 Q (By Ms. Shoaei) One second, Mr. Lopez. As 12 you can see, Excel likes to take a little longer to 13 open. 14 A Yeah. No worries. I will use it to 15 (inaudible). 16 THE VIDEOGRAPHER: And for the record: Mr. 17 Duval will now be entering the meeting. 18 MS. SHOAEI: Thank you. 19 (At this time Mr. Duval is present.) 20 Q (By Ms. Shoaei) All right. As this is 21 opening -- okay. So we see this is -- let me go to 22 the first tab. This is the cost matrix that was sent 23 in that email that we looked at. 24 And I'm going to walk you through this and 25 ask you a few questions. So here -- let's go to the 10 (Pages 34 - 37) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 11 of 86 Page 38 1 Summary tab. And I'll try and make this as big as I 2 can, so you can see it. 3 It states here that the total for CIS and 4 mandatory modules and implementations is for -- 5 estimated for $6,178,402. 6 How -- first of all, who from Open came up 7 with this estimate? 8 A This is a joint effort. Mainly, it's made 9 by the PMO, which -- so it takes into consideration 10 the hours that are estimated to implement for the -- 11 around the implementation services. 12 But also, we have involvement of the sales 13 team, because all the licenses' costs are defined by 14 the sales team. 15 And travel expenses are defined by our 16 administrative area, who goes and estimates the 17 general cost of tickets and hotels that will be in the 18 place that we're going to participate. 19 So I think that that will be the three 20 major, like, groups of area of Open that participate 21 in this -- in this RFP. 22 The PMO integrates this and submits some 23 internal -- not exactly these worksheets, but other 24 ones and -- to the sales team. And the sales team 25 translates or has the numbers to the -- usually to the Page 39 1 formats or the -- or the templates that the client is 2 asking. 3 Q And one of the -- let's -- and it breaks it 4 down by hours here. And it says Total Implementation 5 Hours is 38,360. 6 Do you see that right here? 7 A Yeah. 8 Q Okay. And then right above it, it says, 9 Implementation Time Frame Months: 13. Do you see 10 that? 11 A Yes. 12 Q On the 38,360 hours, is that estimate or 13 that number based on the current version of OSF at the 14 time this was submitted to the City? 15 A I think that it's irrelevant or -- in order 16 to answer this, because these are implementation 17 services. This is not development services. 18 So these are hours that our professional 19 services team expand to implement a software that is 20 already -- or that is developed by another area. 21 So this 38,000 hours are including the 22 hours of the people that was working with the City or 23 working towards activities related to testing, 24 configurating, training, and supporting the City 25 towards the project. Page 40 1 So at the end, what we did was -- or what 2 we did in this case was to take into consideration any 3 change that could affect in the version that called 4 for the professional services, but there are -- there 5 were nine. 6 So to have straight answers for you, to 7 give this context, I will say that it had in 8 consideration the version that we were going to 9 implement, which was Version 8. 10 Q Okay. So -- 11 A That -- 12 Q -- this is -- 13 A (Inaudible) -- sorry. 14 Q So this 38,360 is -- I understand it's 15 implementation, not development. I understand that. 16 This, though, this number, number of hours for 17 implementation, is based on Open's -- comprises of 18 Open's product too, right? 19 I understand it refers to other vendors 20 that the City was using, but it also includes 21 implementation of OSF; does it not? 22 A Yes: the hours for implementing OSF. 23 Q And the -- in order to implement OSF, as 24 part of this 38,360 hours, was Open estimating that 25 number based off of Version 7 of OSF or the Page 41 1 implementation of Version 8 of OSF? 2 MS. PIERCE: Objection. Form. 3 A We do the estimate based -- that we were 4 going to implement Version 8. 5 Q (By Ms. Shoaei) But you didn't have 6 Version 8 fully developed at this time. So did you 7 take into consideration future developments or 8 functionalities that were going to be put in Version 8 9 for implementation? 10 A Yes. And to answer your question: We 11 review. Part of the review that we do -- or did -- 12 sorry -- was to -- to have meetings. 13 And we have architecture -- what we call 14 functional architectures that know very, very closely 15 the product. And when I say, "we" -- so we use 16 professional services. 17 And with this persons that know the product 18 and knew what was going -- the major changes that were 19 going to be in Version 8 -- having their input, we 20 include and we, let's say, impact or adjust our 21 estimation towards the things that were going to 22 change in Version 8. 23 But in terms of implementation from a 24 version or another, you can have pretty similar -- 25 pretty similar or very standard implementation 11 (Pages 38 - 41) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 12 of 86 Page 42 1 services; because at the end -- at the end, the 2 training, for example, the hours that you are going to 3 spend with the client, are -- will be the same either 4 if I am having Version 7 or Version 8. 5 The difference is the content that we will 6 use to -- to share. So this is just an example. 7 Q Sure. And I get it. I understand what 8 you're saying. But to answer my question directly: 9 This estimate of 38,360 hours of implementation hours 10 was based off of Version 8 of OSF, correct? 11 A Yes. 12 Q Okay. And then -- you had mentioned the 13 three general categories: the PMO office, the sales, 14 and administrative. 15 Did Open get input from Milestone in 16 preparing this cost estimate? 17 A Yeah, definitely; and specifically, the 18 services that they were going to provide. So, like, 19 in this instance, we -- we knew that -- or we already 20 agreed that they were going to participate in specific 21 roles, so they -- they helped us with that estimation. 22 And also -- we also -- at this time, we 23 already made all the review of the integrations, and 24 we already had the hours that Open was going to do and 25 the hours that Milestone was going to do. Page 43 1 So, yeah, Milestone was involved and -- and 2 was part of this. 3 Q And Milestone was part of its -- part of 4 this cost estimate only with respect to the services 5 it was going to provide; is that right? 6 MS. PIERCE: Objection. Form. 7 A Let me put it in a different way: That all 8 leads to specific -- they also participate, as I say 9 earlier, in reviewing the schedule and -- 10 Q (By Ms. Shoaei) Right. But I'm sorry. 11 I'm talking about just on the cost here. 12 A Yeah. That -- 13 Q Just the cost. 14 A Just to finish my sentence: As the main 15 driver or the -- or -- or some input to estimate the 16 cost is that duration and the roles. So they also 17 were involved in the overall cost of this -- of 18 this -- of this software. 19 Q Okay. And is it fair to say that Open, 20 though, is the expert of its own product for OSF? 21 A Yes, it's fair to say that. 22 Q In other words, Milestone is not the expert 23 for OSF? 24 A We have been working with them on the 25 product. And, no, you cannot -- you can say that Page 44 1 they -- you cannot -- at that time, experts, no. 2 Q Okay. Let's go to this tab that's called 3 CIS/OSS Cost Worksheet. And this -- what this looks 4 like is -- it breaks down the three categories that we 5 were looking at earlier: licensing, implementation, 6 and expenses. And these look like -- to be a lot of 7 travel expenses. 8 So what I want to focus on is this middle 9 section here, these implementation costs. Row 28, 10 which is this first row under Implementation, it says, 11 Project management 100 percent dedicated, and it has 12 the hours and costs. 13 Is this referring to the personnel that 14 Open expected to provide services on the project for 15 and the -- I guess the hours? 16 A Yes. But also, it has -- it had in this 17 the administrative -- what we call administrative 18 efforts. So mainly it's the project manager. 19 And we do estimates on support for the 20 project manager from the PMO, from a project analyst, 21 and very little participation of our sponsor that 22 participates in these team committees. 23 Q Then Row 30 says, Fit or gap analysis. 24 What is that referring to? 25 A That was -- as I under- -- as I understood Page 45 1 it, was the name that was used in -- in the software 2 to relay the cost of what the methodology -- Open 3 methodology is called solution scope presentation. At 4 the end, the industry knows it as a fit or gap 5 analysis. 6 Basically, the process here is to show that 7 client, in this case, the City, that solution in order 8 to have their point of view and their -- and their -- 9 what we call observations, but their -- their review 10 of things that might need to be clarified or a 11 potential -- or to identify a potential gap, what we 12 call observations. 13 So that Row 30 is the processing which we 14 train the client, make the initial training on how 15 Open's markets operate, and then present to the client 16 or make a walk-through the software -- using the 17 software, covering all the RFPs that were submitted in 18 order to be -- to be sure that we have the same 19 understanding on how Open's markets will fulfill the 20 requirements or the requests or the needs of the City. 21 Q Okay. And that's the fit or gap analysis. 22 Is it over -- the 4,175 hours that's estimated, how 23 much of that is expected to be for the solution scope 24 presentation that you just mentioned? 25 A I will say it's difficult to say right now. 12 (Pages 42 - 45) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 13 of 86 Page 46 1 But as an overall estimate, what I can recall, I will 2 say the major part, I will say 60, 70 percent of this, 3 making a broad . . . 4 Q I understand you're estimating. A very, 5 very high estimation. And so when -- the solution 6 scope, when would that have occurred relevant to the 7 project? 8 MS. PIERCE: Objection. Form. 9 A When would you say -- when is -- in the 10 timeline or in -- 11 Q (By Ms. Shoaei) Yes. I guess just high 12 level: When does -- when did that occur? Does that 13 occur prior to the RFP -- 14 A Okay. 15 Q -- or does that occur -- excuse me. Does 16 that occur after the project has begun? I guess when 17 does -- when does the solution scope presentation 18 happen? 19 A It happened after we -- we -- the project 20 starts. So the project starts. And it's kind of like 21 a sequence here, how it's put. 22 And the first thing we do is install the 23 software that we're going to present. Then we train, 24 we make what we call an initial training. And this is 25 like -- like in a sequence. Page 47 1 So -- and then after that, we make a 2 solution scope presentation, which is including this 3 fit or gap analysis. 4 So if I recall well, it was in late 2018, 5 January or maybe February of 2019, that time frame 6 that -- in which that solution scope was executed. 7 Q And when the solution scope presentation 8 was executed to the City, was that based off of 9 Version 7 of OSF or Version 8 of OSF? 10 A Version 8. 11 Q And had Version 8 been released yet? 12 A No. 13 Q So this estimate also is taken into 14 consideration based off of Version 8, though, right? 15 A Yeah. 16 Q Okay. Then we go to the CIS/OSS Interface 17 detail tab here. This -- if I read this correctly, 18 this is a list of requirements or interface 19 descriptions, is how it says, that was going to cost 20 extra to the City. 21 Is that right? 22 A Yeah. Extra -- understanding extra, 23 please, is that we will need to perform to do 24 something in order to provide or to fulfill the 25 commitment that we were seeing here. It was not out Page 48 1 of the box, to put it in a different term. 2 Q So was it already -- were these all already 3 in Version 8? 4 MS. PIERCE: Objection. Form. 5 A Yes. But let me -- let me clarify this: 6 The interfaces are -- by definition are the connection 7 points between OSF and a third-party software. 8 So how OSF is built is that OSF has some 9 connectors that technically are APIs or Web services, 10 and these connectors are like the gates in which an 11 external system can enter and deliver information or 12 take information. 13 When we offer integrations, as part of -- 14 when we estimate integrations, the software doesn't 15 change. The software normally is the same, because 16 the gates doesn't need to change. 17 These efforts are related to the middle 18 part that needs to be done in order to provide 19 something specific to the external system. 20 So for example -- one example here is 21 that -- having this -- this metaphor of the gate, 22 right now, this connection is done by -- is made by a 23 flat file, a flat file which is -- the system 24 generates a file with information which a system will 25 take out and process. Page 49 1 One requirement -- and I remember that 2 there were a lot around here -- was that the flat -- 3 the format of this flat file needed to be in a 4 different way. 5 So what we put here is the hours to adjust 6 this flat file -- the format of this flat file, so 7 that the third-party vendor or the other vendor can 8 take it and can consume it easily. 9 So this is -- this is work around OSF. And 10 we normally -- and this is not -- this is not an 11 effort that is included in the product. 12 This is an effort that we normally do in 13 every product, because this is very specific on the 14 system that we're connecting and on the 15 characteristics or several variables that depend on 16 the client. 17 So you can integrate with the same system. 18 But if you're in two different clients, you may defer 19 or you may need to do things. 20 So I don't know if that answers your 21 question. But, yeah, it was over -- over Version 8. 22 Q (By Ms. Shoaei) All right. Thank you. 23 We're going to go to another attachment that was to 24 that original email. 25 MS. SHOAEI: And this is going to be -- 13 (Pages 46 - 49) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 14 of 86 Page 50 1 we'll mark this here as Exhibit 458. 2 And, Alex, this will be Tab 4 in your set. 3 Q (By Ms. Shoaei) Okay. Mr. Lopez, do you 4 see that on the screen here? 5 A Yes. 6 Q All right. And this first tab that we're 7 on -- I'll try to make this a little bigger, because 8 it's a little small -- is called the Timeline tab. 9 Do you see that down here? 10 A Okay. 11 Q All right. 12 A Yeah. 13 Q And then here it is showing -- I want to 14 make sure I see this. We have the initiation of July 15 of 2018, because this is being sent as the -- we can 16 look back at the original email. This is being sent 17 on June 6, 2018. 18 And then Go-Live for Broadband, May 2019. 19 Do you see that? 20 A Yes. 21 Q How did Open determine that it was able to 22 Go-Live in Broadband when it submitted this timeline 23 in June of 2018 to the City? 24 A How we came with this timeline? Sorry? 25 Q Correct. How did Open determine that it Page 51 1 could tell the City it was able to Go-Live for 2 Broadband in May 2019 when it submitted this document? 3 A Basically, we -- we have different -- 4 different -- different inputs. We have our -- several 5 variables, I think, that were like, I don't know, 60 6 or 70 -- I don't remember the -- in which we -- we 7 characterized the client and we define how much work 8 it -- will need to be done. 9 So we take into consideration the size of 10 the client, the services they provide, the 11 integrations that -- that are going to be included. 12 And also, we take into consideration past projects 13 that we have done. 14 And with this information, we came with 15 a -- with a timeline that we feel is doable. It's 16 very important here to also understand that every 17 timeline, because -- or every estimate, to put it a 18 little bit more broad or more general, has assumptions 19 in it. 20 So one key aspect of this estimation is 21 that you need to have some assumptions in order to -- 22 to came to some -- that you can establish, because 23 then nobody will tell you -- will make you an 24 estimate. 25 And having these assumptions in terms of Page 52 1 what is services, what is variables of the work that 2 needs to be done and the past projects that we did on 3 that and executed and come to production and on 4 Go-Live, we came with this -- with this timeline. 5 Q Right. Okay. And then -- so we have the 6 Go-Live for Broadband for May 2019 and then Go-Live 7 for Utilities for August 2019. 8 And then under it, just -- if you can help 9 me out here. What does non-prod mean? And then you 10 see it's -- on the left, it says times two and then 11 also this arrow. 12 Do you know what that stands for? 13 A Yeah: for non-production. 14 Q And what does non-production mean in this 15 timeline? 16 A There are environments that are not related 17 directly with the production environment of the 18 client. 19 Q So in this one, it looks like between 20 January and February 2019, there's that orange circle. 21 What was this referring to as non-production, in this 22 timeline? 23 A I will need maybe to have a little -- but I 24 will guess, for example, there are -- this is talking 25 about servers and -- and just because of the -- I Page 53 1 didn't recall this document really. 2 But by the graph, by the drawing that is 3 on -- beneath the 2018, seeing that with this is 4 telling me that these are -- that during January and 5 late November, we were having two non-production 6 services -- servers. Sorry. 7 Q Non-production servers? 8 A Non-production, yeah. 9 I will -- I will guess that they are -- 10 that these are -- non-production could be, for 11 example, a training environment, a training server, in 12 which -- it didn't have anything to do for production, 13 but it's always used during -- during the project and 14 the authorization to operations. 15 Q And then is it fair to say the production, 16 which is right under it -- and then it says times five 17 on the left, and it's the green circle -- deals with 18 production servers? 19 A Yes. 20 Q And in forming this timeline -- I believe 21 you mentioned earlier, but just to make sure. 22 Milestone provided input in preparing this timeline; 23 is that right? 24 A Yes. 25 Q And it is based on -- just like the cost 14 (Pages 50 - 53) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 15 of 86 Page 54 1 that we talked about earlier, the cost matrix, this 2 timeline is based off of Version 8 of OSF, correct? 3 A Yes. 4 Q And the individuals that go into developing 5 this, are there -- is it a group of people? A team of 6 people? Who comes up with the timeline in the sense 7 of you saying that you look back at older -- old 8 projects, as one factor. You take in some 9 assumptions. 10 Is there a team at Open that establishes 11 the timeline? 12 A Yes. It's a team and a process. And very 13 quickly, it starts with the sales team, who give us 14 the input that I talked about, of the variables that 15 we use to have some metrics, some indicators that can 16 give us an idea of how the project will be. But that 17 is just an idea. 18 And that is taken by the PMO and set out -- 19 first, an estimate of the schedule. And with that 20 base schedule, it is reviewed with several, I can say, 21 SMEs, subject matter experts. 22 And in that timeline, the PMO includes 23 SMEs, like the functional architecture -- architects 24 that knows the product and give us -- or give the PMO 25 feedback around things that need to be considered Page 55 1 towards the product or something that we're not 2 looking at. 3 We have feedback from different project 4 managers that are -- that has been -- that has done 5 projects normally, the project managers that are -- 6 that knows about the industries or the types of 7 product, depending on the types of product that we are 8 going to be and -- give us feedback around that. 9 And also, we pass -- we have -- after we 10 have all these reviews with these SMEs, we have a 11 committee that is comprised by the directors of the 12 different areas of professional services. It will be 13 the PMO direction, that specialized service direction, 14 and the support direction. 15 We review the -- the schedule, and we make 16 a final review with the sales team in order to be sure 17 that the schedule is -- is fulfilling the necessities 18 of the requirements of the project and shows what 19 sales team has understood about the requirements of 20 the client. 21 That is the process and the persons that 22 are involved in it. 23 Q And in the process that you just described, 24 was Milestone involved throughout the entire process 25 or just one part of the process? Page 56 1 A In the process where -- where the SMEs 2 were -- were bringing in to review, in that part, 3 Milestone was -- was part of the -- one of the SMEs, 4 one of the subject matter experts. 5 I include them in these project managers, 6 of people that has -- that had led and executed and 7 had experience on projects of this type or very 8 similar. 9 So, yeah, they -- they -- they participate 10 in the -- in the same activity in which we include 11 several of the subject matter experts to have their 12 feedback and to come to a final output, which is 13 reviewed by -- by the -- by the offer committee -- 14 Q I understand. I understand that's the 15 process. Thank you. 16 And then did Open ever get feedback or 17 pushback -- let me say it that way -- from Milestone 18 on the timeline? 19 MS. PIERCE: Objection. Form. 20 A What do you mean by pushback? They didn't 21 agree or something like that? 22 Q (By Ms. Shoaei) Did Milestone ever -- 23 when -- in preparing this timeline that was 24 presented -- that was provided to the City in June of 25 2018, did Milestone raise concerns of meeting the Page 57 1 timeline that's being proposed? 2 MS. PIERCE: Objection. Form. 3 A I think that it's fair to say that -- I 4 will say that every expert in every single schedule 5 have concerns. 6 But when we discuss with Milestone their 7 concerns with the assumptions that we were doing 8 around the schedule, they were okay. 9 And their concerns, to use the word that 10 you used, or the observations or the comments that 11 they made to the schedule, they were okay with that. 12 And also, to be fair, some of the 13 assumptions that we -- that we made and we had for the 14 schedule, also, we saw the feedback that came from 15 Milestone. 16 Q (By Ms. Shoaei) And Open -- did Open know 17 that Milestone had never done or had performed an 18 implementation project for Broadband for 19 telecommunications prior to this project? 20 A Yes. 21 Q Okay. And Open -- did Open take that into 22 consideration when -- you know, listening or hearing 23 Milestone's comments or opinions? 24 A Definitely. 25 Q Okay. And so if Milestone had never 15 (Pages 54 - 57) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 16 of 86 Page 58 1 implemented a Broadband or telecommunications project, 2 how much weight did Open give to Milestone's opinions? 3 A I will say the necessary weight. They -- 4 they participate a lot and we hear them a lot in 5 the -- in the things that they knew, which were 6 Utilities, and the overall nature of this kind of 7 project; because regardless, if it's telecommunication 8 and Utilities, there is a base nature of -- the 9 implementation of CIS are common in that they had a 10 lot of experience. 11 So, yes, we knew that they didn't have 12 experience in Broadband, but also -- it was not the 13 only SME that we bring to review that. 14 And we hear them, and we -- and we take 15 their -- their observations or their comments with the 16 other ones from the other SMEs. 17 And I don't remember, because some things 18 happens that -- one SME contradict another one. So 19 what we do normally is we sit down with both of these 20 SMEs and try to come with a common agreement. 21 But I don't remember having this kind of 22 issue with -- with Milestone, in this case, Edith. 23 And I think their participation were -- were valuable, 24 understanding obviously that -- the nature of this 25 project. Page 59 1 Q Was -- the other SME that you're referring 2 to that was helping develop this timeline, was that an 3 internal Open individual or was that a third party? 4 A Internal. 5 Q And who was that? 6 A There were several. We have different 7 project managers. We have their -- I would say -- 8 Q Let me ask you a different question, Mr. 9 Lopez, and hopefully that will make it a little more 10 narrow. 11 A Okay. 12 Q Who -- who was the SME from Open that 13 helped develop the timeline here for just Broadband? 14 A We have, for example, Giovani Ospina, Pedro 15 Ordonez, and Carlos Lora, and -- were people with 16 20-plus years implementing Open SmartFlex and with 17 experience in several projects of telecommunication 18 and implementing OSF specifically. 19 Q As part of this proposal, there -- you 20 mentioned there was a cost component to it. And do 21 you know what is the original estimate that Open 22 provided to the City as part of the proposal? 23 A Sorry. The original estimate of money or 24 value or timeline? 25 Q Let me -- that's a -- let me rephrase this: Page 60 1 So originally we saw -- we looked at the cost matrix. 2 Do you recall that, the original -- I think that we 3 saw in June of 2018, right? 4 And then after that -- and just so -- I can 5 show it to you again, just so you get a sense of the 6 number. 7 Do you recall this? This is what we saw 8 earlier: the cost matrix? 9 A Yes, I recall. 10 Q Okay. This is the roughly 6.178 million 11 number. This estimate changed, though; is that right? 12 MS. PIERCE: Objection. Form. 13 A I am recalling there were adjustments made, 14 but I don't recall exactly when it was made. But, 15 yeah, I think that we made some adjustments. 16 Q (By Ms. Shoaei) Okay. And I'll -- I won't 17 try to test your memory too much here. 18 MS. SHOAEI: We'll go ahead and mark this 19 as Exhibit 459. 20 And this is Tab 5 in your set, Alex. 21 A Okay. 22 Q (By Ms. Shoaei) This is not really what 23 I'm going to ask you about, but I want you to see it 24 because it's the attachment to this email. 25 A I'll read it. Could you go up a little Page 61 1 bit, just to the last -- okay. Okay. 2 Q Okay. So just straightforward to the email 3 from Mr. Valadez to Mr. Paul and then attaching a 4 variety of things. I'm going to show you here -- 5 MS. SHOAEI: We'll mark this as Exhibit 6 460. 7 And, Alex, this is Tab 6 for you. 8 Q (By Ms. Shoaei) Okay. Do you see this, 9 Mr. Lopez? 10 A Yes. 11 Q Okay. And it's a series of discussion 12 notes, several pages, that Mr. Valadez is sending to 13 Mr. Paul. 14 And starting with this top part here, we 15 see the implementation plan. If we compare it to the 16 spreadsheet, the other timeline that we just looked 17 at -- and I'll toggle back and forth. So I apologize 18 if it gets a little confusing. 19 But in June, the initiation of the project 20 was July 2018; and then -- 21 A Yeah. 22 Q -- in Exhibit 460, the project launch is 23 August 20, 2018, right? 24 A Yeah. 25 Q Okay. And then from there, the Broadband 16 (Pages 58 - 61) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 17 of 86 Page 62 1 Go-Live moves from May 2019 to June 20, 2019. Do you 2 see that? 3 A Yeah. 4 Q And then Public Utilities moves from August 5 2019 to September 20, 2019, right? 6 A Yeah. 7 Q Okay. And in the roughly month between 8 June 6, 2018, and then July 10, 2018, which this is 9 being sent -- why did these dates move or change? 10 A I remember it mainly was because the 11 City -- the City was not ready and that -- and when I 12 say, "not ready," let me put it in specific -- is that 13 the things that were needed to -- to initiate the 14 project were not going to be before July. 15 And I don't know. I'm just -- for 16 example -- for example, to sign the contract, there 17 were some standard things that were pending to be -- 18 to be closed. 19 All of the things were still outstanding 20 and -- but at that time, we were estimating to having 21 a plan, a rough plan, which was the first three 22 bullets before the implementation plan, to give us the 23 best date to start was August 20, having consideration 24 that there are sometimes between signing the 25 contract -- those are the things that normally takes Page 63 1 time. 2 And it was -- but this time, it was nearly 3 impossible -- or it was clear that starting in July 4 was very difficult. 5 So as an agreement, we moved -- we 6 proposed -- and I think it was even proposed by Open. 7 This came from the City August 20; because at the end, 8 the start date depends on we having all the 9 contractual documents and all the setup, that they 10 have all the environments, all the infrastructure 11 ready, so that we can start. 12 So that was the reason of the move until 13 August. 14 Q I see. And if we go back to Mr. Valadez's 15 cover email, which was Exhibit 459, he's saying, Here 16 you go. These are the things that we are talking 17 about. 18 And then do -- at this point, so July 10, 19 2018, did Open agree with the phase launch with 20 Broadband first date of June 29 for Go-Live? 21 MS. PIERCE: Objection. Form. 22 A We started -- we started on August 20, 23 which was at that time the proposed date to initiate 24 the project. 25 The estimate that we have on the schedule Page 64 1 and the assumptions that we put in place was to 2 Go-Live on June 20, 2019. That was our -- our 3 estimate. 4 Q (By Ms. Shoaei) Okay. And then going 5 through here -- I want to go through this monetary 6 amount. 7 A Yeah. 8 Q Earlier we looked at the -- just as a 9 reminder, it was 6.178. And then here, it looks like 10 it goes to 6.674 million. 11 Do you -- this one, the 6 million -- 12 6.6 million, just to make it easier, is being shown 13 here. That's the cost that Open was estimating would 14 be for the entire project. 15 And let me put it this way: Open was 16 estimating $6.6 million to implement the OSF for all 17 five Utilities, including Broadband? 18 A Yes. But did you say, "five utilities"? 19 Q Well, let me just say then -- let me put it 20 this way: It was implementing all of the Utilities 21 and Broadband? 22 MS. PIERCE: Objection. Form. 23 A Yeah, that was the implementation services 24 for -- for Utilities and Broadband -- 25 Q (By Ms. Shoaei) Okay. And -- Page 65 1 A -- leading to the scope. 2 THE VIDEOGRAPHER: And, Counsel -- 3 MS. SHOAEI: Yeah. 4 THE VIDEOGRAPHER: -- really quick, five 5 minutes to required media change. 6 MS. SHOAEI: Perfect. That's -- that's 7 good timing. 8 Q (By Ms. Shoaei) And so here, this 9 estimate, even though it increased a little bit, it 10 was under the understanding that it was going to be 11 based on what -- the negotiations or the discussions 12 that had occurred up through -- what was it? -- July 13 10 of 2018; is that right? 14 A Yes. Yes. 15 Q And again, this is -- both this contract or 16 this amount, this 6.6 million, and the implementation 17 Go-Live dates are based off of Version 8 of OSF; is 18 that right? 19 A Yes. Yeah, that's right. 20 Q Okay. 21 MS. SHOAEI: Yeah, let's go ahead and take 22 a break. 23 THE VIDEOGRAPHER: Going off the record. 24 This is the end of Media No. 1. The time is 10:45 25 a.m. Columbia time. 17 (Pages 62 - 65) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 18 of 86 Page 66 1 (Recess taken.) 2 THE VIDEOGRAPHER: We're back on the 3 record. This is the beginning of Media No. 2 in the 4 30(b)(6) deposition of Open International, with 5 designated representative Diego Lopez. The time is 6 11:00 a.m. Columbia time. 7 MS. SHOAEI: Thank you. And welcome back, 8 Mr. Lopez. 9 Before we get started, just for the record: 10 Mr. Duval from the City Attorney's Office for the City 11 of Fort Collins has also joined us now, is with us. 12 Q (By Ms. Shoaei) Mr. Lopez, during the 13 break here, did you speak to anyone other than your 14 counsel? 15 A No. 16 Q Did you look at any documents during the 17 break? 18 A No. 19 Q Great. All right. So we -- let's go ahead 20 and move to the MPSA. And for everyone's mental 21 health, I will call it -- the MPSA is the master 22 professional services agreement, and I'll just refer 23 to it as the MPSA. Okay? 24 A (No response.) 25 Q Do you understand, Mr. Lopez, what I'm Page 67 1 referring to as the MPSA? 2 A Yes. 3 Q Okay. In August of 2018, Open and the City 4 entered into an MPSA, correct? 5 A Yes. 6 Q And then the MPSA also included something 7 called a scope of work; is that right? 8 A Yes. 9 Q Okay. Within that scope of work, there is 10 something called maybe a grading matrix; in other 11 words, it grades functionalities between the letter A 12 through G, correct? 13 A Yes. 14 Q And if a functionality was presented with 15 the letter A, so graded as an A, that meant that there 16 was no modification required to that functionality; is 17 that correct? 18 MS. PIERCE: Objection. Form. 19 A Yes. From our point of view, yeah, we 20 didn't see that it would need a modification, if we -- 21 if we -- if we put an A. 22 Q (By Ms. Shoaei) Correct. And so in other 23 words, there was no -- it didn't need to be developed; 24 is that right? 25 MS. PIERCE: Objection. Form. Page 68 1 A I would say that it would not need product 2 coding or need to make a development -- yeah, to -- 3 to -- to develop in -- in the product. 4 Q (By Ms. Shoaei) And what do you mean by 5 "product coding"? Do you mean, like, the source code? 6 A Yeah, source code. 7 Q And if something was graded as B, it meant 8 that it needed some development -- the functionality 9 needed some development; is that right? 10 MS. PIERCE: Objection. Form. 11 A Yes. 12 Q (By Ms. Shoaei) I'm sorry. Was that yes? 13 A Yeah. 14 Q Okay. And then if something was graded as 15 C, was -- if a functionality was graded as C, was the 16 cost already included in the estimate provided? 17 MS. PIERCE: Objection. Form. 18 A I think that -- no. 19 Q (By Ms. Shoaei) Okay. So anything that 20 was graded as C would be an additional cost to the 21 City? 22 A There was -- there was a spreadsheet that 23 said that it has the -- what we anticipated from that 24 point, that it has the things that needed -- from this 25 initial view, what we see or saw that required Page 69 1 modifications, and then it was listed and quantified. 2 Q I don't think that answers my question, Mr. 3 Lopez. And maybe I didn't understand it, is -- if 4 something was graded as C -- if a functionality was 5 going to be graded as C, who was going to bear the 6 cost for that functionality? 7 A Can you -- maybe that will help me. Can 8 you -- do you have the text of the C -- of Category C, 9 just to refresh my memory? 10 Q Sure. I'm happy to show it to you. 11 MS. SHOAEI: Alex, I don't -- this is not 12 in your packet, but it's Exhibit -- it's formerly 13 Exhibit 241. It's been used several times. 14 MS. PIERCE: It's okay. We've got it. 15 Q (By Ms. Shoaei) Okay. Mr. Lopez -- okay. 16 Do you see that on your screen, sir? 17 A Yeah. 18 Q Okay. And I'm just showing it to you 19 because this is the start of the statement of work. 20 So I want to get you oriented here. So let me get and 21 rotate this, so you can see it. 22 A Yes. C. 23 Yeah, the -- my understanding is that the 24 cost will -- will be covered by the client: in this 25 case, the City. 18 (Pages 66 - 69) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 19 of 86 Page 70 1 Q Okay. And then the next page, while we're 2 already here, this starts the functional matrix, where 3 it's grading the various functionalities for the 4 project; is that right? 5 A I -- I'm not sure if you can call each line 6 a functionality, but what I can say is that the list 7 is a grading of the requirements that the City 8 provided. 9 Q Okay. And this list of requirements I 10 believe is called the functional requirements matrix; 11 isn't that right? 12 A Yes. 13 Q Okay. And these here -- we have these 14 various -- the vendor score, which the vendor score 15 means Open's score, correct? 16 A Yeah. Open put it -- that's correct. 17 Q Okay. And then here, when -- again, these 18 are all based off of Version 8 of OSF, right? 19 A Yes. 20 Q Okay. And for these -- for any of the 21 functionalities -- or excuse me. Let me call it the 22 requirement, I think, just to keep it in line with 23 your -- not every one is a functionality, but a 24 requirement. 25 If a requirement was still being developed Page 71 1 for Version 8 at the time of the MPSA, did Open mark 2 those as graded A or B or something different? 3 A It depends. If it's -- if it's part -- if 4 it's going to be part of Version 8, we will mark it A. 5 If we will -- if we will -- thinking that it will not 6 be part of Version 8 or any other thing, we will mark 7 it depending on what will be the case. 8 Q Okay. And if it hadn't, though, yet been 9 developed for Version 8, did Open still mark it as A? 10 A I don't know if we have -- if we had 11 that -- that -- that cases. So really, I don't 12 know -- I don't know how we -- we marked it, because I 13 really don't recall or -- or having -- having that 14 cases. There are things that were completely not 15 developed and so -- and that we were going to think it 16 was in Version 8. 17 Q So -- 18 A But I think -- I think the rule -- we can 19 say that if our product person was anticipating, 20 because it was in the roadmap or in the -- or in 21 process of development in any stage, it was going to 22 be part of Version 8, we answer it A, with the letter 23 A. 24 Q Okay. And so one of the functionalities or 25 requirements here is for a customer service portal. Page 72 1 And so at this time, in August of 2018, Milestone was 2 in the process of developing a customer service 3 portal, correct? 4 MS. PIERCE: Objection. Form. 5 A No. 6 Q (By Ms. Shoaei) Okay. 7 A No. No. They -- they already have a 8 portal that was operating in -- several clients. 9 Q And that -- that portal that you're talking 10 about was going to be in Version 8? 11 MS. PIERCE: Objection. Form. This is 12 outside the scope of Mr. Lopez' topics. 13 MS. SHOAEI: It is not. It is No. 19. 14 MS. PIERCE: You're not asking about a 15 representation made about the portal, though. You're 16 asking about Milestone's process of developing the 17 portal. That's nowhere included in Topic 19. 18 MS. SHOAEI: Alex, I did not ask about 19 Milestone's developing. I asked about Open's 20 development of a portal that it represented in its 21 functional matrix as letter A. 22 Q (By Ms. Shoaei) So, Mr. Lopez, back to my 23 question: When you say, No, Open was not developing a 24 portal, you -- when you represented -- when Open 25 represented the portal as letter A, as no Page 73 1 modifications needed in its functional requirements 2 matrix as part of the MPSA, was Open going to make any 3 modifications to the portal at that time? 4 MS. PIERCE: Objection. Form. 5 A At that time, we believed -- and I think 6 that -- that we answer -- we were estimating that we 7 will use the Milestone portal. 8 So I don't -- I think it was A. 9 Q (By Ms. Shoaei) And when -- when Open 10 represented the A for the portal as part of the 11 functional requirements matrix, if it thought, as I 12 think you said, it was going to use Milestone's 13 portal, was Open going to be making any modifications 14 to Milestone's portal by the time it was released? 15 MS. PIERCE: Objection. Form. 16 A For reasons here, I don't have that detail. 17 I don't have it. I -- but what I can say from -- 18 from -- from my understanding of this is that 19 definitely we should -- we were expecting to be some 20 work on the integration of the portal, which was 21 natural, as we were -- we were -- we were using an 22 external portal. 23 And -- but I don't have the details or the 24 specifications of if they were going to make changes. 25 I do know and remember that we were expecting that we 19 (Pages 70 - 73) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 20 of 86 Page 74 1 were going to take the portal from Milestone and make 2 the integration or the connections beneath all the 3 guts of the project, so that -- so that it could work 4 seamlessly between SmartFlex -- the CIS and the 5 portal. 6 Q (By Ms. Shoaei) Okay. Prior to this 7 functional requirements matrix being incorporated into 8 the MPSA, did Milestone express any concerns to Open 9 about Open's ability to provide functionalities that 10 were created as A? 11 MS. PIERCE: Objection. Form. 12 A If I understand, any of -- Milestone 13 provide some concerns of something that we were 14 grading A? 15 Q (By Ms. Shoaei) Did Milestone provide -- 16 so express to Open -- any concerns about any of these 17 functionalities that you see in this functional 18 requirements matrix as part of the MPSA that were 19 graded as A? 20 MS. PIERCE: Objection. Form. 21 A I don't recall. I don't recall having a 22 concern about that, at least -- at least in -- prior 23 to the product. 24 Q (By Ms. Shoaei) As part of the MPSA, there 25 is a staffing discussion or provisions; is that right? Page 75 1 A After or before? Sorry. 2 Q So in the MPSA -- so we're still talking 3 about the MPSA. Going into the MPSA, there is a -- 4 there's staffing provisions? 5 A By "provisions," you mean it wasn't 6 estimated, staffing from the vendor, and estimated 7 from -- or a request or suggestion from the -- from 8 the client. Yeah, we call this a staffing matrix. 9 Q And the staffing matrix is something that 10 is -- you can -- provides the recommendations or 11 suggestions as to who or what categories of 12 individuals should be on the project; is that fair? 13 A I think that goes beyond that. That is 14 one -- that is one of several assumptions or inputs 15 that we have to develop the schedule. 16 So I would say that there were the minimum 17 levels of staffing that we needed from -- from the 18 vendor -- from the clients. 19 Q And for yourself, right? It was for Open 20 as well? 21 A Yeah. Correct. 22 Q And Open had its own project manager on the 23 project with -- through Mr. Dwayne Bishop, correct? 24 A Yes. 25 Q And did -- and Open wanted the City to also Page 76 1 have its own project manager; is that right? 2 A More than wanted. It was necessary. 3 Q Okay. 4 A And it was a requirement. 5 Q Okay. Where -- 6 A It was a -- 7 Q Where was it that it be a requirement? 8 A Where -- 9 MS. PIERCE: Objection. Form. 10 A -- in a document? Where it was -- 11 Q (By Ms. Shoaei) Yes. Where does it say 12 that the Open -- that -- excuse me -- the City had to 13 have its own project manager? 14 MS. PIERCE: Objection. Form. And also, I 15 think this is outside the scope of Mr. Lopez' topics. 16 MS. SHOAEI: It is not. It is the basis 17 and considerations that went into the MPSA, including 18 No. 19 again, the project schedules and staffing 19 requirements, specifically under 19. 20 MS. PIERCE: Okay. But Topic 26 is the 21 basis for Open's position that the City was required 22 to hire an external project manager for the project 23 and how Open believes the City's hiring of an internal 24 project manager affected the project, and that is 25 designated to Mr. Parrott. Page 77 1 MS. SHOAEI: And as you probably heard, 2 Alex, I did not ask him about an external PM. I asked 3 him if Open believed -- and as he said yes -- that the 4 requirement was that Open -- that the City had the 5 project manager. 6 Q (By Ms. Shoaei) So, Mr. Lopez, under what 7 basis is Open stating that the City was required to 8 have a project manager? 9 A Because we communicated to them. I -- I 10 don't recall exactly where, in a document. But we do 11 have extensive discussions. 12 I -- I represented Open in the workshops 13 and -- where we explained all the methodology, all the 14 requirements, all the staffing requirements. And in 15 these sessions, we discussed that. We discussed that. 16 And the City committed to have a project 17 manager dedicated to -- to this project; not only in 18 there, in the -- afterwards, in the discussions that 19 were held before we started -- we signed that MPSA, we 20 also talked about that. 21 And the City told us that they were 22 looking -- that they understood the requirement and 23 that they were looking for -- for a -- for a PM with 24 experience, with the characteristics that we were 25 asking. 20 (Pages 74 - 77) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 21 of 86 Page 78 1 So to answer your question: I think that 2 in the RFP, in the responses that we made in terms -- 3 not in the functional matrix, but in the questions 4 that they asked regarding the methodology and how we 5 are going to cover in there, we ask, and we stipulated 6 that we have a project manager. 7 But I think -- I think I recall that we 8 have, I think, two or three discussions with -- with 9 Mona, with Colman, with Lori. And they agree and 10 committed to have that -- the project manager. 11 Even when we start the project, we raised 12 that as an issue. And I had a conversation with Lori 13 Clements, that was the current PMO -- or PM in the 14 moment. 15 And she told me that it was a process that 16 the City was -- was going, that it was looking for a 17 PM, that they -- that they -- I think that she 18 reported that they -- they -- they closed it up or 19 they were looking; but they were still looking for a 20 PM, because she detailed and she agreed that we 21 will -- they will need a project manager. 22 Q As part of the MPSA -- 23 A Maral -- 24 Q -- there was also a timeline -- 25 THE DEPONENT: Maral -- Maral -- sorry -- Page 79 1 it's that my headphone is saying that it's going to be 2 out of battery. Can you give me five minutes? 3 MS. SHOAEI: Yes. 4 THE DEPONENT: I go for the charger and 5 just plug it in? 6 MS. SHOAEI: Sure. 7 Can we just go off the record, please. 8 THE VIDEOGRAPHER: Going off the record. 9 The time is 11:22. 10 (Discussion off the record.) 11 THE VIDEOGRAPHER: We're back on the 12 record. The time is 11:24. 13 Q (By Ms. Shoaei) All right, Mr. Lopez. All 14 batteried up? All charged? 15 A Yeah. 16 Q Good. 17 A A little charging. 18 Q Great. As part of the MPSA, there was also 19 a timeline. As you know, we talked about a project 20 schedule timeline earlier. 21 There was also a similar timeline as part 22 of the MPSA, correct? 23 A There is a timeline in the MPSA, yes. 24 Q Okay. And that timeline -- excuse me for 25 that -- is very similar to -- let me just show it to Page 80 1 you. We're just going back to Exhibit 241 here. 2 THE VIDEOGRAPHER: It looks like -- 3 MS. PIERCE: Maral dropped off. Yeah, 4 let's go off the record. 5 THE VIDEOGRAPHER: Okay. Going off the 6 record. The time is 11:25. 7 (Discussion off the record.) 8 THE VIDEOGRAPHER: Back on the record. The 9 time is 11:26. 10 Q (By Ms. Shoaei) My apologies, Mr. Lopez. 11 I don't know what happened there. But just so we have 12 a clean record of what I'm asking about: As part of 13 the MPSA, there was a timeline. And what I'm going to 14 show you is, again, Exhibit 241. Okay. And this is 15 52 on the MPSA. 16 Do you see that on your screen here? 17 A Yeah, I see it. 18 Q Okay. And I'm sorry for the quality. It's 19 a little blurry. But you see here the initiation is 20 August 2018, and then Go-Live for Broadband is 21 June 2019, correct? 22 A Yes. 23 Q And then Go-Live for Utilities is September 24 2019, and then project closure is January 2020. 25 So as part of this, the MPSA, Open and the Page 81 1 City were -- had agreed at this point, in August of 2 2018, for this to be the project timeline; is that 3 right? 4 A Yes. 5 Q In other words, if Open did not agree to 6 this timeline, it could have rejected it as part of 7 the MPSA, correct? 8 MS. PIERCE: Objection. Form. 9 A Yes. Yes. 10 Q (By Ms. Shoaei) And at this point, Open 11 believed that it was possible or feasible for 12 Broadband to Go-Live as of June 2019; true? 13 A Yes. 14 Q Prior to the signing of the MPSA -- so 15 prior to the City and Open signing the MPSA -- did 16 Open tell the City that this timeline for Broadband to 17 Go-Live was not possible? 18 A No. But we always made the priority and 19 explained to them that these will demand commitments 20 and things to be done from each party in order to 21 comply or to get to this -- to this timeline, if -- 22 if -- at least from our side, because we were -- we 23 were assuming that they will comply with what we were 24 doing. 25 If the client fulfilled the commitments and 21 (Pages 78 - 81) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 22 of 86 Page 82 1 assumptions that we set for this schedule, then it was 2 feasible and -- yeah, it was feasible and possible. 3 Q (Clearing throat.) Sorry about that. 4 In addition to this timeline that we see 5 here in the MPSA, did Open provide a document, or 6 documents maybe, that identified the Broadband 7 requirements and the schedules that those requirements 8 were needed to be done by to the City? 9 A Yes. In this document, there is a 10 section -- first, there is a section -- I think it's 11 called assumptions -- in which we established the 12 times that we need specific information, things that 13 were really critical, like the platform documentation, 14 the platform testing environment, the defined 15 processes. This is one. 16 And second, we have -- in this seminal work 17 also, which is part of the master professional 18 agreement, we have by each one of these stages that 19 you are showing in the schedule -- organizational 20 planning, training, solution scope presentation -- 21 each one of them has a matrix in which it designates 22 the responsibility of each activity and things that 23 should be done. 24 And in that, that includes things that has 25 to be done by the City in order -- so that the rest of Page 83 1 the processes can be -- can be done. 2 Q Okay. And you said that's part of the 3 statement of work, correct -- or excuse me -- the 4 scope of work? 5 A The scope of work. 6 Q Okay. So what we looked at earlier is -- 7 you're not talking about this, not the statement of 8 work? 9 A No, no. Sorry. The statement of work. 10 Q Okay. 11 A It's the same thing, because the acronym 12 means SOW. Sorry. 13 Q And I just wanted to confirm that we were 14 talking about the same thing. This -- some people 15 just use it interchangeably, but we're talking about 16 the same thing. All right. 17 A Activity, just to put it in a better . . . 18 Q And so here, this is the functional -- I 19 apologize. The side here -- let me just try to -- and 20 this is Exhibit C, right? So this is the functional 21 requirements matrix. 22 And here -- and I'm just scrolling it 23 quickly; because, as you know, it's a very long 24 document. I want to make these a little bigger for 25 you. Page 84 1 Here is where it identifies who is 2 responsible for what requirement? 3 A No, no, no. Sorry. Then I could be 4 confused. SOW was an exhibit on the master 5 professional agreement. 6 I don't know if it's the same one, but I do 7 remember that it was an exhibit -- now I'm just 8 doubting if it was -- definitely it's not this one. I 9 don't know if it was exhibit -- I don't recall exactly 10 exhibit, but it's called SOW. 11 Q Okay. And so -- 12 A And it was a document where we described 13 every single stage of the -- of the -- of the process 14 of implementation; and for each stage of the 15 implementation, we defined our responsibilities. 16 I'm sure -- I'm pretty confident that it 17 was part of the master professional agreement, but not 18 this one. 19 Q All right. And so that -- it was part of 20 the master -- master -- the MPSA. I'm just going to 21 use the acronym. It's part of the MPSA. It's not 22 this, but it's another attachment. 23 Is that what you're saying? 24 A Yeah. 25 Q All right. And then you mentioned the Page 85 1 testing environment assumptions and defined processes. 2 I'm just going to go ahead and take this off the 3 screen. 4 One of the requirements -- I'll put it in 5 the functionalities -- that Open has represented is 6 that the City was to provide Broadband platform 7 documents and definitions three weeks prior to the 8 start of the project, correct? 9 A Yeah, that's correct. 10 Q Okay. So that would have been in July -- 11 end of July 2018, correct? 12 A Yes. 13 Q Okay. And according to Open, the City did 14 not provide the Broadband definitions and documents by 15 the end of July 2018, correct? 16 A Yes. 17 Q So why did Open still sign the MPSA on 18 August -- on August -- in August of 2018 when the City 19 had not delivered the Broadband definitions and 20 documents? 21 A I remember that we had a call with Colman 22 Keane. We raised this with him. He was the owner. 23 He -- we were in -- in -- he asked us that -- he 24 committed that he will deliver from the City these 25 documents. 22 (Pages 82 - 85) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 23 of 86 Page 86 1 And he understands that they will not be 2 ready, but that -- that by the time that we were 3 signing will not be ready. But he committed to have 4 it at the very beginning of the project. 5 And there was that commitment. We agreed 6 to start the project, having that. We -- we have some 7 wiggle room, very narrow, to wait for this; because he 8 complained to us that he was -- he was working, that 9 he didn't want to stall the project because of that. 10 So we -- we started the project with the 11 commitment, as normally happens through the project, 12 is the situation. But eventually, it came. We 13 started raising that issue until -- what happens, that 14 the delays that that made. 15 Q And so when did the City deliver the 16 Broadband definitions and documents to Open? 17 A Never totally. 18 Q Well, totally, or it never did it? 19 A So let me rephrase: The total of the 20 definitions required to implement Broadband were never 21 delivered. They were delivered partially for several 22 products -- for some products and some processes. 23 But by the end -- or by the moment -- May, 24 June 2021 -- there were still definitions pending to 25 be defined -- sorry. I don't have another word -- Page 87 1 from Fort Collins on Broadband. 2 Q What we're referring to -- I want to make 3 sure we're referring to the same. Are you referring 4 to a product catalog? Something different? 5 What are you referring to that was -- that 6 you're saying was never -- never provided in full? 7 A Business process definitions, things like 8 how to manage -- how the -- the City was going to -- 9 to work, to manage the processes, so that this can be 10 configured that way. 11 And also, there were very -- particular 12 things on the platforms -- because they were late, 13 contracted with the third-party vendor -- that still 14 were not answered, that was related to the new 15 products also; because for every new product -- or for 16 every product that Broadband wanted to release to the 17 market, you will need the definition to the platform 18 that will provision that service. 19 So if you -- it doesn't have the product 20 definition, you also will not have the definition 21 around how you will provision the service and what 22 will be the workflow in terms of -- of activation, 23 canceling it, and this stuff. 24 Q So if -- let's say in two years -- let's 25 use this as an example -- if the City wanted to add a Page 88 1 new Broadband product, it was not able to do it on its 2 own through OSF; is that right? 3 A No -- 4 MS. PIERCE: Objection. Form. 5 A -- that's not correct. 6 Q (By Ms. Shoaei) I'm sorry? 7 A That's not correct. 8 Q Okay. So -- 9 A And it's because there are different things 10 to consider here. Open SmartFlex is able right now, 11 or was able since Broadband, since Go-Live Broadband, 12 to be configured in order to support any product from 13 Broadband. 14 But what you need to consider is that there 15 are external entities, like the platforms and so 16 forth, that you need to configure and that -- you need 17 to know how Open SmartFlex will interact with that 18 platform in order to adjust that configuration of OSF 19 interacting with this platform. 20 So at the end, OSF -- and this happens 21 today with -- with a natural client of Open SmartFlex 22 that we have in Central America. 23 They just told us, You know what? 24 Yesterday I just went out with a new product: 25 Internet. IP called, and we didn't get anything, Page 89 1 because they -- they configured the system and they -- 2 and they deployed it. 3 Eventually -- I have to be clear on that -- 4 you may find that the characteristics of the product 5 that you want to launch or maybe the process has 6 something very particular that may need some 7 assistance or review of the vendor; in this case, 8 Open. That also happens. 9 But the majority of things -- a product can 10 be set up right with the -- with the -- by the client, 11 with the functionality that -- or the software that 12 Open SmartFlex has or a -- right away. 13 Q Okay. And you're saying that the City 14 never fully provided or delivered Broadband business 15 process definitions, correct? 16 A Yes. 17 Q And was there anything else on Broadband 18 that the City did not deliver? 19 A Yeah, definitely. 20 Q Okay. 21 A Because that is a -- with the definitions, 22 you will need -- from the functional definitions, then 23 you will need to have additional information/data that 24 has to be included in the system. So that will be the 25 second part. 23 (Pages 86 - 89) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 24 of 86 Page 90 1 Q Okay. 2 A Also -- that will imply also that you will 3 need maybe to do additional configuration, maybe 4 rules, that has to be also defined to work with the 5 definition and delivered. 6 And -- and I will say in -- that is what -- 7 where we call -- the business definition implies 8 downstream a lot of things. So the first thing is the 9 business definition. 10 And from there, you need to establish the 11 data, the configuration, rules and parameters. All of 12 the things that we call configuration need to be 13 uploaded. 14 Data was also not defined, because the 15 process was not defined, or the product catalog, which 16 was also -- and just to put it this way: So the 17 product catalog is very important and is another input 18 that until at least we had a knowledge -- even the 19 people that was in the -- in the project from Fort 20 Collins still was struggling with the internal area of 21 Broadband to define a product catalog; because either 22 it wasn't defined or it was being changed or the 23 priorities changed frequently. 24 Q And this product -- I'll call it maybe just 25 product definitions. I know it's probably product Page 91 1 process definitions. 2 But just these definitions, what required 3 the City to deliver those by a certain date to Open? 4 A What do you mean? Which what? 5 Q Under what basis, what is the -- is it the 6 exhibit to the MPSA that required the City to deliver 7 the process definitions by a certain date to Open or 8 some other mechanism? 9 A So it will be by the MPSA. The MPSA, it 10 was stated clearly, at least in two parts, that -- 11 that the City was required to define the business 12 processes: the products they're going to deploy and 13 the information that we need to configure. 14 And -- sorry. I don't know how to say it 15 differently, but it's the logical flow of a project. 16 Q And I just -- no, no. Mr. Lopez, I'm not 17 asking if the City had to. I'm saying, where? By 18 when? 19 So you're saying that Open -- or in the 20 MPSA, there's two places that say when the City had to 21 deliver these process definitions or project 22 definitions; is that right? 23 A Yeah. 24 Q Okay. What are those two portions of the 25 MPSA that say when the City had to deliver the Page 92 1 definitions? 2 A Okay. In the section of assumptions. 3 Q Okay. 4 A I don't remember exactly the page on that. 5 It says -- it is stated in terms of month, from the 6 beginning -- this has a -- relative in terms of month, 7 before -- I don't remember exactly before testing 8 or -- three months or like -- like, for example, they 9 put it three weeks prior to the -- the project 10 started. 11 And in the -- what we call a RACI matrix 12 methodology, for the stage that was defined, that is 13 client solution configuration, there was 14 responsibility to configure the system and define this 15 configuration was established there. 16 Now, having that responsibility in this 17 process, you will know that in order -- if you need to 18 do that in the client solution configuration, you can 19 go to the schedule and you can see where this process 20 started. 21 And at least at most, what is the last day 22 that you will need it to have the definition, because 23 you will need it to start that activity. That's from 24 a document perspective. 25 Now, from a project management perspective, Page 93 1 we sit down with Fort Collins for every single 2 measured phase or process, the ones that you showed in 3 the schedule -- we sit down and we did a detailed 4 planning before this -- this stage will start. 5 And we sit down with the client and specify 6 the things that they needed to be done. For the 7 configuration and for the definitions, during the 8 solution scope, we asked in every session and we 9 detailed this requirement to the -- to the teams, 10 telling -- look for billing. You will need -- that 11 you define, for example, that concepts -- the billing 12 concepts or the billing items that you want to 13 configure in the system. And this information comes 14 from the processes. 15 And also, in this -- in this -- in the 16 solution scope, they were also instructed that all 17 the -- to be processes -- the processes that 18 ultimately they will be doing should be -- being 19 defined and adjusted by Fort Collins before, on a 20 specific date. 21 Q I'm going to show you a document here. 22 MS. SHOAEI: This will be Exhibit -- I'm 23 losing track. I apologize -- 461. 24 And, Alex, this is going to be Tab 7 for 25 you. 24 (Pages 90 - 93) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 25 of 86 Page 94 1 Q (By Ms. Shoaei) Okay, Mr. Lopez. Do you 2 see that on the screen here? 3 A Yeah, I see it. 4 Q Okay. This is a presentation that was put 5 together by Open. And I'll scroll through it for you. 6 It has several pages. It talks about planning later 7 on. 8 But what I want to show you -- so this says 9 here -- I'll just go to page 3 here. It states, "This 10 plan shows that the broadband and utilities 11 implementation did not parallel because of the delay 12 of completion of broadband definitions and platform 13 vendors." 14 Do you see that? 15 A Yes. 16 Q Okay. And is this -- are we talking -- is 17 this talking about the same definitions that we've 18 been talking about? 19 A Part of, yes. 20 Q Okay. Okay. And then here, it says, 21 "Broadband definitions for Platforms." This is Slide 22 4. Here it says the plan date was June 2018, and then 23 the actual date is January 2019. 24 So according to this, Broadband definitions 25 were ready for platforms as of January 2019, correct? Page 95 1 A For the products -- 2 MS. PIERCE: Objection. Form. 3 A For the products that we have been noticed; 4 from Broadband that were going to be in place, the 5 definitions were delivered at June -- January 2019. 6 The problem was that that was only the 10 7 percent of the product. By this time, that -- 8 Broadband was okay on having these definitions of this 9 product only at 10 percent. 10 So if this is true, the definitions of the 11 product were delivered -- at least about the platforms 12 were delivered by January '19 for that product that we 13 had set by that time. 14 But as they were the 10 percent. And after 15 Go-Live, new requirements or new products were 16 required to Go-Live. New definitions were required, 17 demanded of these -- of these -- of these new 18 products. 19 Q (By Ms. Shoaei) Okay. And so in January 20 of 2019, when Open received the Broadband definitions 21 for the products at the time, did -- did it believe -- 22 did Open still believe it was able to meet the Go-Live 23 date that was scheduled for June of 2019? 24 A At that time, it was a very high risk that 25 we will not have it ready. And we were having this Page 96 1 kind of discussions right -- right then. 2 And the first action that we did was sit 3 down and see how this will look into the -- into 4 the -- into the project, into what is the rest of the 5 project, which is what normally is done. 6 And the conclusion of this was that we 7 needed to switch all resources to Broadband in order 8 to try to mitigate that risk. And -- 9 Q I understand -- go ahead. And that 10 depended -- 11 A Yeah. It's difficult -- I will not put it 12 there. At that time, it was not certain that we were 13 going to be delayed; because it was slightly chance or 14 there were actions pending to be made, like to Tibo or 15 to move all the resources to Broadband, to try to 16 mitigate the risk, that had other assumptions related 17 to -- to -- to the ability or staffing levels, all the 18 things that sadly didn't came -- wasn't met, that 19 eventually give us the -- the result of going live in 20 August 2019. 21 Q In January of 2019, had Open released 22 Version 8 of OSF? 23 A January. Yes. We released it -- if my 24 mind doesn't play tricks on me, it was like first or 25 second week of January. Page 97 1 Q Okay. Was that the -- was it a complete 2 version of Version 8 when it was released? 3 A (Inaudible.) 4 MS. PIERCE: Objection. Form. 5 Q (By Ms. Shoaei) I'm sorry, Mr. Lopez? 6 A It was the version, to put it in other 7 words, that contained all -- and the commitments that 8 we had from Fort Collins to be delivered on the 31st 9 of December. 10 Q Okay. And so my question is slightly 11 different, is: When Open delivered Version 8 of OSF 12 in January 2019, was it the full release of Version 8? 13 MS. PIERCE: Objection. Form. 14 A Let me -- because full release could be 15 interpreted -- it was a release of -- we delivered 16 Version 8, so yeah. 17 After that, we released upgrades on our 18 continuous improvement plan; but Version 8 was 19 released in second week, let's put it that way, of 20 January. 21 Q (By Ms. Shoaei) Did the Version 8, when it 22 was released in the second week of January 2019, 23 include a portal? 24 A No. That was included -- included in the 25 basis of portal that -- we finally delivered the 25 (Pages 94 - 97) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 26 of 86 Page 98 1 portal, which was also committed and announced to the 2 City. Later on -- I release after that. I think that 3 was February or March, we -- 4 Q Okay. 5 A -- we released. After, officially, we 6 delivered Version 8. 7 Q So when Version 8 was delivered, it was not 8 100 percent complete then? 9 MS. PIERCE: Objection. Form. 10 A It depends on what is -- what is the 11 100 percent of completion. But as I just said, a 12 portal was planning to be delivered after we delivered 13 Version 8, in a -- in a next release; because after we 14 delivered -- released 8, on a monthly basis, we were 15 releasing upgrades and -- and ever fixes that will be 16 upgrading that version until -- forever. 17 So -- but we -- but we plan and communicate 18 to Fort Collins and tell them we were going to launch 19 Version 8. And in the next release -- I think that 20 the next two releases, we will deliver the portal. 21 And -- yeah, and that was the -- what 22 happened. 23 Q (By Ms. Shoaei) When did Open deliver 100 24 percent of the functionalities that it graded as A in 25 the functional requirements matrix that we looked at Page 99 1 earlier? 2 A From -- and this -- maybe to put a little 3 background, because for this -- for this question, you 4 need to understand or need to know that while we were 5 executing the project, they were coming to the 6 observations of new findings or questions from 7 Broadband -- from -- from Fort Collins, that 8 eventually have discussions on that perception or 9 assumption that we made through the functional matrix. 10 So we delivered Version 8 with the things 11 that we agreed and review on the -- on the solution 12 scope, and we clarified. 13 And after that, on -- on the -- we 14 delivered the portal. And in that moment, having the 15 portal checked, in that precise moment, we already 16 have covered the -- the -- the last RFPs that were 17 related with the portal. 18 Q Okay. I don't -- I'm not sure if you 19 answered my question, so let me try it a different 20 way: For all of the functionalities that were agreed 21 to, to be delivered by Open, and that were graded as 22 A, when did Open deliver 100 percent of those? 23 A As we put it in the amendment that was 24 agreed on on the -- on the -- with Fort Collins, it 25 was in two moments: For the product set for the Page 100 1 portal in January and the remaining RFPs for the 2 portal in March. 3 Q I think you said the word "portal" twice. 4 Do you mean Version 8 in January and then the portal 5 in March? 6 A It's that the Version 8 has several things 7 of the -- when we delivered -- let's put it this way: 8 When we delivered on -- in February, had a lot of 9 things from the portal. We delivered -- 10 Q Sure -- 11 A -- the remaining things in March. 12 Q Okay. So you're saying that as of March 13 2019, Open had delivered 100 percent of the 14 functionalities it said it was required to and was 15 graded as A? 16 A From our understanding and our perspective, 17 yes. 18 Q Okay. And then, Mr. Lopez, we talked 19 about the -- I think you mentioned the project 20 schedule. Is that the same thing as a project plan? 21 A Yeah. 22 Q All right. And that's the -- is that the 23 same document or the same, I guess, style of document 24 that identifies the deadlines and who is responsible? 25 And by "who," I mean, like, what party is responsible Page 101 1 for that deadline or that requirement? 2 A Just one of -- I think that the major one 3 or the biggest one is the master professional 4 agreement. 5 But what we -- as I was telling you, when 6 we started executing the project, we bring these 7 responsibilities and for -- and establish the project 8 schedule, which is the total to track the progress of 9 the project, and also project plans -- we called 10 project plans to a document that -- that we generated 11 normally -- could be in Excel. Could be Word -- to 12 define details that could be necessary to -- or could 13 help for -- to orient the team. 14 So it's one. It's one of several documents 15 that define our responsibility. 16 Q And the project plan, just that one -- 17 because I know you mentioned there's several. The 18 project plan sets forth the timing of when -- I don't 19 know -- tasks are due; is that right? 20 A I want to be precise, because by project 21 plan you can be calling -- project plan by 22 definition -- and just because -- I don't want to -- 23 to confuse you -- by definition is anything that is 24 related to a planning activity or that states a 25 planning activity in the project. 26 (Pages 98 - 101) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 27 of 86 Page 102 1 Q Right. 2 A So it's very common to call project plan a 3 Word document where -- for example, for system 4 testing, in which it was very formal -- we defined the 5 team. We defined the practices. Because it required 6 to -- for configuration, we did that plan in an Excel 7 file, because it was more than on-the-job training and 8 all that. 9 And also, a plan can also be seen or used 10 in a project schedule, in a chart Gantt or in a 11 diagram, where you can see the activities and the 12 dependencies. 13 But having that said, each one of them 14 could be defining our responsibilities. 15 Q Okay. So are all -- do all of those that 16 you just described identify which parties, either Open 17 or the City, was responsible for that activity? 18 A Yeah. Mostly. In some cases, for example, 19 in like the chart Gantt, that's information that you 20 normally don't put in it, because you already have it 21 reviewed or you already have it. 22 But I would say that, yeah, in all these 23 documents, these responsibilities should be -- could 24 be addressed or could be communicated. 25 MS. SHOAEI: I'm going to show you two Page 103 1 exhibits back to back. These will be 462 and 463. 2 Alex, these will be 8 and 9 in your set. 3 Q (By Ms. Shoaei) What I'm showing back to 4 back is, again, one, the cover email and the 5 attachment. 6 Okay. Do you see that, Mr. Lopez? 7 A Yeah. 8 Q And this will -- this will be 462. And 9 then the attachment that I'm going to show you, that 10 you see here, it's called Fort Collins Project Plan 11 v1. This will be Exhibit 463. 12 Do you see that? 13 A Yeah. 14 Q Okay. So this is the project plan that was 15 identified in the previous -- the cover email. And 16 here -- so out of the three that you described for me 17 earlier, which is this -- what is this document? 18 A This is what we call the project schedule, 19 which is part of the project plan. This shows -- 20 Q Okay. 21 A Mainly, we show the dependencies of the 22 activities, the start and finish date, and the 23 duration of these activities. 24 This gives an overall view of anybody, of 25 any stakeholder, of how it's going to develop, the Page 104 1 project, how it's going to -- what is the timeline and 2 the continued workflow that the project will have. 3 Q All right. And this document does not 4 identify who's responsible for each of these 5 activities, correct? 6 A It implies it, because if you use this -- 7 Q Sorry. One second, Mr. Lopez. I don't 8 know what -- don't tell me what it implies. It 9 doesn't -- on this document, it does not state who is 10 responsible for which activity, correct? 11 A In the version that you're showing me -- 12 MS. PIERCE: Objection. Form. 13 A -- showing me, no. 14 Q (By Ms. Shoaei) And during -- during the 15 entire course of the project, did any of these project 16 schedules like this ever explicitly identify which 17 party was responsible for each activity? 18 A I think that yes, yes, there were -- there 19 were versions that we did for certain -- for certain 20 processes that we -- that we put -- that the 21 resources -- the resources or the people in there, 22 who -- of each part. So -- and it was because it was 23 required. 24 And this is because -- normally you will 25 not have incurred this because you implied that Page 105 1 information from other documents of the master 2 professional agreement or the master project plan, 3 which is the -- the -- these lines 18, 19, and 20. 4 The first thing that we did is set up how 5 we're going to manage the project. And we defined 6 these project plans, how we're going to define the 7 cost, the scope, the schedule, the risk. 8 And here you will see that it says that the 9 responsibilities comes -- are defined in the master 10 professional agreement on the -- on -- from that 11 moment on, the parties can refer either to the 12 information that it is put here or to the master 13 professional agreement, which rules, and overcome any 14 other document that has it here. 15 Q Okay. Earlier you mentioned the City 16 delayed in providing, I believe, testing and 17 environments. 18 Is it the same sections of the MPSA that we 19 were discussing earlier that identified the City was 20 required to provide certain environments by a specific 21 date? 22 A Yes, in the same -- in the same sections. 23 Q Okay. So that was -- the assumption 24 section was one, correct? 25 A And in the -- in the exceeded, where we 27 (Pages 102 - 105) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 28 of 86 Page 106 1 described the different activities and deliverables of 2 the methodology in the master professional agreement, 3 there is one activity, which is provide the different 4 environments that we need for the project, including 5 testing. 6 Q And it includes a date by which -- when the 7 City was supposed to deliver that, correct? 8 A In that, it is nearly impossible to put a 9 date. So, no, it doesn't have a date in the document; 10 because that date is defined by the starting date of 11 the project. 12 And as you see in here, we changed the 13 starting date of the project. A month prior, we start 14 the project. Mutual agreement. 15 So it's very convenient that if you create 16 a master professional agreement, you put dates through 17 all the document; because then if you -- one week or 18 one month or even more you change by mutual agreement, 19 the starting date of -- you need to change all of the 20 documents. 21 So what you normally do -- and this is a 22 common practice -- is that all the documents that are 23 related to specific activities in the schedule and the 24 responsibilities are attached to the name of the 25 activity or the face of the activity that correspond Page 107 1 one-on-one or directly with that schedule that finally 2 is agreed according to the starting date. 3 So, no, you will not find dates in this 4 section of responsibilities, but you can very easily 5 define when that responsibility needs to be fulfilled 6 by looking to the responsibility, when or where, what 7 activity is being required, and looking at that 8 activity in the schedule. 9 And that is -- is something that normally 10 you will see it. That's common practice. 11 Q So you're saying you take the activities 12 that are identified in the MPSA and you compare that 13 to the product schedule, for instance, like the one we 14 just looked at, and that's how you determine the 15 dates? 16 A Yeah. Exactly. 17 Q Okay. When was the City required to 18 deliver a sandbox environment to Open? 19 A Since the beginning. It was -- it was -- 20 when we made the planning -- 21 Q No. I'm sorry. Not -- I'm sorry. Not 22 as -- not as of when. Like, by when was the City 23 supposed to deliver? By what date did Open tell the 24 City it needed to deliver the sandbox environment? 25 A Exactly the date, I don't remember. That Page 108 1 is -- that is written -- written -- because that is 2 written like in the assumptions, like three -- like 3 prior system testing or prior to the configuration. 4 I don't recall exactly, but it's written 5 there. It's not -- it's just -- you just need to look 6 there and it says. 7 But it's -- what I recall, it is by doing 8 the configuration or while the configuration has 9 started, more or less about that time; and definitely, 10 definitely prior to system testing. 11 Q Okay. So the delivery of a sandbox 12 environment is before a certain activity. It's not a 13 specific date; it's before a certain activity occurs; 14 is that right? 15 A Yeah. 16 Q Okay. And here the City did deliver a 17 sandbox environment to Open, correct? 18 A No, I don't understand your question. 19 Q Did the City deliver a sandbox environment 20 to Open? 21 A No. For other platforms -- for all the 22 platforms? 23 Q Let's just go with Broadband. 24 A Broadband. In Broadband, you will need 25 three platforms at least: Nokia, which is all the Page 109 1 Internet-related product; you will need -- I remember 2 Mobi TV for the TV; and I don't remember the third 3 one, which was for telecommunication. I don't 4 remember -- 5 Q Momentum. 6 A Momentum. Thanks. 7 Q No problem. 8 A And if I recall well, we didn't have a 9 testing environment for at least two of these 10 platforms. 11 Q So when you're saying -- when you're 12 saying, "testing environment," that's the same thing 13 as the sandbox environment -- 14 A Yes. 15 Q -- is that right? 16 A It's an -- yeah. It's an environment -- 17 just to be clear: It's an environment in which we can 18 do tests with the platform and be sure that the 19 transactions that we are doing between SmartFlex and 20 this platform are working correctly. 21 And if we find something -- and also very 22 important, because this is happening in the project, 23 is that if we execute something in testing, it will 24 not affect production. 25 Q And so -- 28 (Pages 106 - 109) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 29 of 86 Page 110 1 A It happened -- just because I want to 2 confirm why I'm saying this: It's between doing 3 Go-Live. After doing Go-Live -- after we Go-Live, we 4 had an instance in which several clients were -- 5 were -- canceled their service, because the City 6 didn't have that environment for testing. 7 And without our -- and taking into 8 consideration our recommendations, our -- was pointing 9 the system testing to the production environment of 10 this platform, and somebody made a transaction and 11 affects clients. So that is why I'm saying what I'm 12 saying. 13 Q Okay. And so you're saying that the City 14 did not deliver two of the sandbox testing 15 environments for Broadband. It did deliver one. 16 And so which one did the City deliver? 17 A I think that it was a -- I don't remember 18 if it was Nokia or Momentum, one or both. 19 Q So both or one? 20 A One of these both. 21 Q One or the other, is that -- 22 A Sorry. Sorry. Yeah, one or -- 23 Q Okay. 24 A -- or the other. 25 Q Understood. One or the other. Okay. Page 111 1 And when did the City deliver the one? 2 A I don't remember. I have to say that we 3 had an initial -- when we made the assessment for the 4 amendment, we had a date that -- I believe a date of 5 this sandbox. But we find out that this was then not 6 available. 7 So it was available for a certain time. 8 And with that date, we -- we -- we set up the -- 9 the -- the second amendment -- the first amendment. 10 But then there was problems, and this environment were 11 not available. 12 So I would say that the first availability 13 was -- I don't remember the date, but they were in the 14 Amendment No. 1. But then it was not available. 15 And one of the things that trigger as -- 16 these things was when we started working with the City 17 and try to support them on -- on setting up new 18 products and we found it difficult, that they were not 19 available. 20 Q When you're saying an amendment, an 21 amendment on the -- for the MPSA. Is that what you're 22 referring to? 23 A Yeah. We did -- we call it an Amendment 24 No. 1, which was the document that we did to formalize 25 the movement of the project from the original Page 112 1 deadlines to a new deadline, which was going live with 2 Utilities of October 2020. 3 Q Okay. And so I want to bring us back, 4 because that first amendment is in June of 2020. 5 Prior to Broadband going live -- so we're back in 6 August of 2019, so let's go back a year -- did Open 7 receive an environment from the City for Broadband? 8 A For -- I'm sure that for video, it wasn't, 9 because it was not contract signed, and I would say 10 that for Nokia and for Momentum, for sure one of them. 11 And the other one, they provide by certain times some 12 way to test. 13 But it was not environment that we were 14 looking at -- or that we needed to to be -- to do the 15 testing. 16 Q Sticking to Broadband, because I'm trying 17 to stick to the 2019 time period -- 18 A Yeah. 19 Q -- when did the City deliver its first 20 sandbox testing environment to Open? 21 A I don't recollect the date. For sure, it's 22 in the -- I would say that it's in the -- in the 23 document that we closed on the deviation for Amendment 24 1, but I don't have exactly the date -- or I don't 25 recall exactly the date. Page 113 1 Q Did the timing of the City delivering the 2 sandbox environment for Broadband in 2019 impact the 3 Go-Live date that was set for June 2019? 4 A Yeah, definitely. 5 Q When did the -- when did Open know that 6 based off of the City's delivery of the sandbox 7 environment that the June 2019 Go-Live date would not 8 occur? 9 A When we -- when we did the review, early 10 2019, we -- we -- when the definitions were not 11 being -- were delayed and the definitions eventually 12 came, we sat down and we review. 13 We said, Definitely, we need to switch. 14 And one of the things that we needed in order to come 15 to June was that -- one of the things is that these 16 testing platforms will be available. 17 And as soon as they were not being 18 available, we managed that, through the project 19 managers -- I don't exactly have a date. 20 But it was -- one of the things that we 21 raised up to be -- at the end, the -- the five of us 22 supported that -- even Fort Collins agreed to move the 23 Go-Live date from June to August, because there was -- 24 there was not much to do. 25 But I don't recollect exactly when was the 29 (Pages 110 - 113) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 30 of 86 Page 114 1 moment in which we tell Fort Collins -- we raised that 2 and said we definitely were not going to -- to make 3 that June 20. 4 But I can say that by the beginning of 5 January of 2019, we had that as a very possible risk. 6 We tried to mitigate that project, switching all the 7 product -- all the themes to Utilities. 8 But at the end, by the definitions and all 9 the things like the platforms, we -- we ended up going 10 live by August. 11 Q Under the MPSA, there is a methodology in 12 the order to change -- to make changes to the project, 13 correct? And they're usually called project change 14 requests? 15 A Yes, I think so. 16 Q Why did Open not submit a project change 17 request when it knew the deadline for Go-Live 18 Broadband would not occur in June of 2019? 19 MS. PIERCE: Objection. Form. 20 A We did request it. Let me give you -- 21 Q (By Ms. Shoaei) No, no. Sorry. I want to 22 make sure I get this correctly, Mr. Lopez: You're 23 saying Open submitted a project change request to the 24 City prior to the June 2019 Go-Live date? 25 A No. Let me -- let me explain: The process Page 115 1 requires that you identify the change -- the impact 2 and you define how it's going to affect the project. 3 So -- 4 Q Okay. 5 A -- early on in the project, we, from Open, 6 identified that the project was going to move. 7 Q When is early? You keep saying, "early on 8 in the project." 9 A When -- when the commitments from the City 10 started to be unfulfilled, I would say at the 11 beginning of June of -- of 2019. 12 Q Okay. So in June 2019, Open -- 13 A Yeah. 14 Q -- told the City that -- or the June 2019 15 Go-Live date would not occur? 16 MS. PIERCE: Objection. Form. 17 A Let me explain -- let me explain, because 18 it's not black and white. 19 Q (By Ms. Shoaei) So, Mr. Lopez, I do -- I 20 am very much asking you a black-and-white answer right 21 now. Yes or no, did Open tell the City in January 22 2019 that the Go-Live date for Broadband would not 23 occur in June? 24 MS. PIERCE: Objection. Form. 25 A Very -- very probably will not happen in Page 116 1 June. 2 Q (By Ms. Shoaei) Okay. So when -- when did 3 Open tell the City that the Go-Live for Broadband 4 would not happen at all in June? 5 MS. PIERCE: Objection. Form. 6 A I don't have an exact date. 7 Q (By Ms. Shoaei) Okay. Give me a month, if 8 you can. 9 A I would say when we -- I would say when we 10 didn't have the -- let me put it this way -- in the 11 steering committee, just to put it this way -- 12 Q Mr. Lopez -- 13 A No, no. I'm trying to -- I'm trying to -- 14 Q Do you -- do you know a month; yes or no? 15 MS. PIERCE: Objection. Form. 16 A Not exactly the month. 17 Q (By Ms. Shoaei) Okay. Why then in -- as a 18 part of the process, going back to my original 19 question, why did Open never submit a project change 20 request or request a project change request for 21 Go-Live for Broadband prior to June 2019, when it knew 22 it was not going to happen? 23 MS. PIERCE: Objection. Form. 24 A To make a request, you need to have the 25 estimates and the impact of when you are finally going Page 117 1 to Go-Live. 2 So when we raised and -- we went to Fort 3 Collins and say, Hey, Fort Collins, we are not going, 4 it's very improbable; because remember, this project 5 doesn't depend merely on Open. It depends on a mutual 6 effort between the client and the vendor. 7 So I can step up in a particular date and 8 say, This date is not going to be made. But then the 9 client can have an action of the things that they have 10 delayed and recover the time. 11 So what we did was -- which is in the 12 change control process -- was to raise the alert and 13 to raise the risk and say, Hey, guys, this project is 14 out of track, and we are not going to commit to make 15 the deadlines. 16 Fort Collins took that and said, You know 17 what? I think that I will do it. But let me review 18 and see if I can come to -- to recover. 19 And from that point on, Fort Collins 20 committed to review the things that he -- that was 21 pending, like the resources, like the definitions, 22 like all of the things, and to try to see when will be 23 the date. 24 That, for our -- for more than we wanted 25 didn't -- it wasn't made by the City. So we spent 30 (Pages 114 - 117) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 31 of 86 Page 118 1 much of the -- of the time trying to -- to wait on 2 Fort Collins or to -- or to have commitments on Fort 3 Collins on when they will be able to deliver what they 4 were needed to be delivered. 5 Remember that not only the definitions were 6 required. Once the definitions were required, they 7 will need it to configure the system, they will need 8 it to test it -- 9 Q (By Ms. Shoaei) Mr. Lopez -- 10 A -- and then to deploy it. So -- 11 Q Mr. Lopez, I'm going to ask you to -- at 12 this point, you're just not being responsive, and I 13 have the time at issue here. And so I'm trying to 14 bring us back on track here. 15 MS. PIERCE: Maral, you asked him why, and 16 he was explaining why. 17 MS. SHOAEI: No, he was not, Alex. 18 And at that point, Mr. Lopez, I think maybe 19 you think you are; but at this point, you're not. And 20 we're just wasting time, and it's not responsive. 21 Q (By Ms. Shoaei) So let me try this a 22 different way here: After all of these things that 23 you say -- you're waiting on the City, for them to do 24 a review -- did the City come back and tell Open, Yes, 25 we are not -- we are not going to meet the June 2019 Page 119 1 Go-Live date? 2 A Formally, I don't remember. But the plans 3 start continually changing. So we had a plan to -- 4 when we made the decision for people to do Broadband, 5 the plans were that we were going live in June. 6 Q Right. When (inaudible cross-talk) -- 7 A But then -- but then before, I will say, 8 May -- May of '20, it was pretty obvious that we will 9 not make it in June, so it was moved to July. 10 And just very -- before that, it wasn't 11 certain, so the plan was moved. And we get to a phase 12 it was -- the uncertainty of the plan was high, 13 because we didn't have the information from Fort 14 Collins to provide an assessment on when we should 15 Go-Live. 16 At the end, you just see that will -- you 17 will see in the document, the decision of going live 18 was an executive decision made by Broadband without 19 any planning and without any say, We need to go live. 20 Q Okay. 21 A And that came pretty -- I would say one 22 month after, I would say July or late June, said, You 23 know what? We need to go in August. 24 And then what we tried to -- as a team, 25 and -- as a team, you struggle a lot -- was, Let's try Page 120 1 to put in place whatever we have defined. And at the 2 end, when -- we end up going live with only two or 3 three products. I don't remember exactly. 4 Q Okay. 5 A But that -- that was the reason. 6 Q Okay. Mr. Lopez, I'm just going to need 7 your help here on answering only the questions I'm 8 asking, just so we all can keep moving along, please. 9 With -- in May of 2019, when it was clear 10 to Open that the June Go-Live Broadband date was not 11 going to happen, it did not submit a change request, 12 correct? Yes or no? 13 A Open didn't -- Open didn't submit? 14 Q Correct. Open did not submit a project 15 change request in May of 2019 -- 16 A It's that -- 17 Q -- for a Go-Live date for Broadband, 18 correct? 19 A It's that the process doesn't define that a 20 party submit it. The process says that you need to 21 understand what is the change and then you submit the 22 change control, because then you will -- you will be 23 signing a blank check. 24 Q Okay. 25 A So -- so what we did, we -- Page 121 1 Q Right. 2 (Inaudible cross-talk.) 3 THE REPORTER: I'm sorry. I can't -- one 4 at a time, please. 5 Q (By Ms. Shoaei) So to my question, yes or 6 no: Did Open submit a project change request to the 7 City to be -- to change the Go-Live for Broadband in 8 May of 2019 when it knew Go-Live would not occur in 9 June? 10 A It was not possible to be doing. 11 Q Okay. 12 A But we ask to Fort Collins that we need to 13 do a change control. And they said, You know what? 14 Yes. But first we need to define when we're going to 15 Go-Live definitely -- definitely. 16 So a change control requires that you know 17 what is going to happen and what is the next plan. So 18 there was no way to submit a change control, because 19 you -- nobody at that moment, even the City, who has 20 the ownership of the activities that were pending, 21 knew when they were going to fulfill or finish 22 these -- these -- these activities. 23 So it's a very bad practice that you do or 24 sign a change control between two parties saying, I'm 25 going to move the -- the production date until nobody 31 (Pages 118 - 121) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 32 of 86 Page 122 1 knows; because then how do you quantify that cost, who 2 will be responsible for -- who will be -- who will 3 be -- what is going to be the risk, what is going to 4 be the impact. 5 Q Okay. 6 A So that is -- that is why your question for 7 me is not so black and white, because -- 8 Q Okay. 9 A -- it was not possible. 10 Q All right. And then, Mr. Lopez, here you 11 have made a couple comments about risks. There were 12 risks on this project from the very beginning, 13 correct? 14 A Yes. 15 Q And Open identified those risks, correct? 16 A Open and the City, both. 17 Q Okay. But there -- did Open communicate 18 every single risk that it identified to the City in -- 19 let's start with 2018? 20 A Eventually, yes. 21 Q And what do you mean, "Eventually"? 22 A In a project of this nature, you will have 23 a lot of risks. You will have things that you will 24 need from the input from the client or from our point 25 of view or the point of view of them that are shared Page 123 1 and things that are internal that may have no affect 2 to the product. 3 Q Okay. 4 A There was some risk. Like for example -- 5 let me put an example: There was a risk -- a risk 6 from the PMO -- we will always have a risk 7 internally -- that we could lose team members, because 8 they get sick or they resign. 9 That risk normally is not shared with 10 the -- with the client. We have -- but we view this 11 risk to have actions in place. So if that happens, 12 the impact is minimal or there's (inaudible). But -- 13 THE REPORTER: It's minimal or . . . 14 A Minimal impact or zero impact. 15 Q (By Ms. Shoaei) Okay. 16 A If that -- if that risk materializes or 17 really happens, because a risk is just a possible 18 situation that could occur -- normally, if this risk 19 hasn't been communicated to the client, we will tell 20 the client, Look, this happened, and these are the 21 actions that we are -- that we have in place. We will 22 work it from there. 23 So that is why some risks are not 24 communicated to -- to the client. 25 THE VIDEOGRAPHER: Counsel, five minutes Page 124 1 until media change. 2 MS. SHOAEI: Okay. Thank you. Actually, 3 let's go ahead and take a break now. 4 THE VIDEOGRAPHER: Going off the record. 5 This is the end of Media No. 2. The time is 2:41 p.m. 6 in Columbia. 7 (Recess taken.) 8 THE VIDEOGRAPHER: We're back on the 9 record. This is the beginning of Media No. 3 in the 10 30(b)(6) deposition of Open International, with 11 designated representative Diego Lopez. The time is 12 12:55 Columbia. 13 Q (By Ms. Shoaei) Mr. Lopez, during the 14 break, did you speak to anyone other than your 15 counsel? 16 A My wife. 17 Q And -- fair enough. I imagine -- I 18 imagine -- does your wife work for Open? 19 A No. 20 Q Okay. Did you look at any documents over 21 the break? 22 A No. 23 Q And I should have asked you this earlier 24 and I forgot to, Mr. Lopez: With the Zoom world -- 25 and in a normal world, I would see you and -- in Page 125 1 person. 2 Do you have any notes or documents in front 3 of you? 4 A No. 5 Q One of the things we talked about earlier 6 was the solution scope presentation that occurred I 7 believe you said in January of 2019; is that right? 8 MS. PIERCE: Objection. Form. 9 A The solution scope was until when? 10 Q (By Ms. Shoaei) The solution scope 11 presentation I believe earlier you testified happened 12 in January of 2019? 13 MS. PIERCE: Objection. Form. 14 A No. It happened during, I would say, 15 November, December 2018 and ended January 2019. More 16 or less, that would be the -- the dates. 17 Q (By Ms. Shoaei) Okay. So it was over a 18 few months or weeks, right? 19 A (Deponent nodded head up and down.) 20 Q Yes? 21 THE REPORTER: Can you answer out loud. 22 A Yes. 23 Q (By Ms. Shoaei) And it was prior to the 24 release of Version 8, that we talked about earlier, 25 correct? 32 (Pages 122 - 125) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 33 of 86 Page 126 1 A Prior -- yeah, yeah. 2 Q With Version 8 not being released yet, how 3 did Open conduct the solution scope presentation? 4 A Because we had access to all the software 5 that was pending to be released, and we used it to 6 share it and -- and conduct the meetings that we had. 7 We have to do it. 8 So we used the -- all the, say, software or 9 code or functionalities. And as I told you before, it 10 wasn't that all the version wasn't ready; it was that 11 it was in different stages of the development. 12 So we used, let's say, like, the software 13 that was not being released into the date but was 14 already developed, and we could -- we could show it to 15 the City. 16 Q And did Open show the actual system, or did 17 it show, I guess, like, images or PowerPoints? How 18 did -- how did that presentation work for the City? 19 A For most of the -- of the, let's say, RFPs 20 or for most of the scope, we show software, actual 21 software working. 22 But we didn't have some specific things 23 that -- by that time, was not possible, because it 24 still was in a phase where it was not being able to 25 present; and we presented in either a mock or -- or -- Page 127 1 or the definition documents of what we were going to 2 deliver. 3 Q And when you say you showed the software 4 for the ones that Open could, that was within Version 5 8; is that right? 6 A Yeah. That was -- that was, like, 7 unofficial or, like, we call it a beta version -- not 8 an official one, but was a beta version, that we at 9 that time had it functional. It was -- it was working 10 and allowed us to present and to show Fort Collins how 11 we were going to fulfill the requirements. 12 Q Okay. And for the ones that were still 13 being developed or whatnot, you used mocks or some 14 other mechanism; is that right? 15 A Yeah. 16 Q Going to new topics, before we left for the 17 break, I'm going to show you two documents. They're 18 previous exhibits. They're going to be 246 and 246.1. 19 MS. SHOAEI: And, Alex, again, I didn't 20 send you the exhibit, but I'm sure you have that. 21 Q (By Ms. Shoaei) Okay. Mr. Lopez, do you 22 see this document I'm showing you here? 23 A Yeah. I'm seeing the screen. 24 Q Okay. Perfect. This is just 246. It's a 25 cover email. And what I'm showing you next is going Page 128 1 to be this attachment: Project Risks FC. And this 2 was previously marked as 246.1. 3 A Okay. 4 Q So it's a fairly large spreadsheet, as you 5 can tell. It goes up, down, several things here. 6 First, just general questions. 7 So this is -- if you look at the date, it 8 says October 2, 2018. Okay? 9 A Yeah. 10 Q And it says the risks, and it has a variety 11 of them. At this point -- so October 2, 2018 -- Open 12 had already identified a series of risks related to 13 the project with Fort Collins; is that right? 14 A Yes. 15 Q Okay. And here it has a probability, 16 impact, risk factor, and risk factor again, and then a 17 number of responsible people monitoring. 18 If some -- you know, there's a variety: 19 very low, low, very high, moderate. It goes -- so on 20 and so forth. 21 Some of these risks at this point in 22 October 2018 that Open had identified may have had 23 nothing to do with what the City was doing, correct? 24 A Yes. Yes. 25 Q In other words, some of the risks were Page 129 1 internal Open risks? 2 A Yeah. 3 Q For the ones that were -- first of all, 4 this is -- this is, again, as of October 2, 2018. 5 Was -- was there a risk -- were there risks added to 6 this document? 7 A Definitely. There -- these -- it's just a 8 picture, a snapshot of a living process that continues 9 through all the project. 10 And this -- not only they were added, but 11 also the probability and impact changed. And the 12 actions change also, depending on new information, a 13 new event. This is a very dynamic process. 14 Q I think maybe you used the phrase earlier 15 on a different document, but it's a living document; 16 is that fair? 17 A Yeah. Yeah. A living document. That is 18 fair. 19 Q It's evolving as the project continues. 20 And so here, did -- did Open throughout the 21 course of this project provide this evolving document, 22 living document to the City? 23 A Exact this, I cannot guarantee it. But 24 definitely the risks were shared by the PMs -- in this 25 case, by this time, between Dwayne and Lori -- because 33 (Pages 126 - 129) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 34 of 86 Page 130 1 it's part of the process. 2 So I will say without being afraid of being 3 mistaken that most of these were shared with -- with 4 Fort Collins. 5 Q Okay. So not all of them, but most of them 6 were shared? 7 A Yeah. 8 Q Okay. For the ones that weren't shared 9 with the City, why? Why were they not shared? 10 A For example -- let's say, for example -- at 11 least as a risk -- let me clarify that. Let's have an 12 example for the first one, which is that Liana, I 13 think, or somebody, identified that P&T -- I think the 14 first one, because it's technical. I don't know 15 who -- I don't know who -- yeah. We will not have the 16 product installed by October, and she was concerned 17 about that. 18 And that was a risk that she had, but was 19 either -- if we started with the installer or we 20 started with a different mechanism, because it was a 21 beta version, it was irrelevant for Fort Collins. 22 But what we did was that when we set up 23 the -- we defined the risk, we set some actions. The 24 action that at the end was the one that we implemented 25 was to change the way that we were going to deploy Page 131 1 this better version, because we didn't have an 2 installer. The installer came out on -- on early -- 3 early 2019. 4 What we did is that P&T provided us an 5 alternative mechanism. And when we were going to 6 apply that to -- to the service from Fort Collins, we 7 tell Fort Collins that. 8 We say, Fort Collins, as this was a better 9 version, this is the way that we're going to install 10 this only version from the release of -- of Version 8. 11 Continuing on, we will be having an installer, and you 12 will be -- be trained on that way of applying. 13 So at the end, we tell them, because we 14 needed to -- them to understand why we were changing 15 our list; we were having this alternative way. 16 But the process before the risk, we didn't 17 feel that it was relevant to share with Fort Collins; 18 because Fort Collins told us, How can I help, or what 19 can I do? And the answer, we said, Nothing, merely 20 nothing. 21 Q Who from Open would decide whether or not 22 to share a risk with the City at the time? 23 A All of this is seen in -- in -- in the 24 project manager. 25 Q So in this situation, up until December Page 132 1 2019, it was Mr. Bishop for Open? 2 A Yeah. Yeah. 3 Q And then after that -- please remind me: 4 Who became the project manager after Mr. Bishop left? 5 A Me: Diego Lopez. 6 Q And then Mr. Contreras; is that right? 7 A Yeah, and then Mr. Contreras. 8 Q Got it. I was -- in my mind, I was going 9 to flip you two, so I appreciate you correcting me. 10 All right. So then you became the project 11 manager until March of 2021; is that right? 12 A Yeah, yeah. I don't know the context that 13 I did; but, yeah, the month was about that. 14 Q Okay. Roughly. Okay. 15 So the project managers on Open's side 16 decided. Was there a -- did the project managers need 17 to report that they were not providing a risk or 18 telling the City other risks to anyone else, like 19 internally at Open? 20 A I'm sorry? That -- 21 Q Let me ask it a better way: Was there a 22 way -- did the project managers have to keep track of 23 the risks that were not provided or told to the City 24 at the time? 25 A From -- as a best product is, yes. I don't Page 133 1 know from the City. But from our side, what we want 2 is that no risk is left behind. 3 Q Okay. 4 A So all of the risk can be -- can be logged 5 and should be tracked upon an issue of this risk. And 6 from the product management perspective, so from the 7 product management criteria, he will review which ones 8 need feedback, to be sure we could -- could move 9 forward or have good information to continue working 10 on the risks. 11 Q And is that -- the log or track, is that 12 through this, what we're looking at in 246, that -- 13 the living document version of it? 14 A From -- I don't know if you remember some 15 emails that you -- that you show me in my personal 16 deposition. 17 But for the first month of the project, 18 the -- we -- we -- between Dwayne and the PMO, we were 19 putting together the way to track this; because Dwayne 20 was not very aware of the -- of the tools. 21 So to answer your question -- sorry -- we 22 had Web application in SharePoint that the project 23 manager register there, download the risk and share it 24 to Fort Collins. 25 So this was the mechanism to share it to 34 (Pages 130 - 133) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 35 of 86 Page 134 1 Fort Collins, at least in an Excel file. And the 2 mechanism to log it, to track it, to change it, and to 3 manage it was a Web portal that was created in 4 SharePoint. 5 Q And that's the one that -- did -- so the 6 one that you're saying that was tracked, in other 7 words, if it was -- if it was logged, a risk was not 8 yet communicated to the City, it was tracked on this 9 SharePoint; and the City did not have access to the 10 SharePoint specifically, correct? 11 A Yeah, they didn't have access to -- to 12 that. 13 Q Okay. And I'm sorry. You're calling it a 14 Web, like W-e-b? 15 A Yeah, W-e-b. Online. Online platform. 16 Q I see. All right. 17 We talked earlier about a series of things 18 where -- you know, you discussed the reasons or some 19 of the reasons why Broadband didn't Go-Live in June of 20 2019 because of the City's actions or inactions. 21 And is it true, though, that not all of OSF 22 functionality was also ready by June of 2019 for 23 Go-Live? 24 MS. PIERCE: Objection. Form. 25 A I'm thinking -- by June of 2020, before Page 135 1 Broadband Go-Live? 2 Q (By Ms. Shoaei) 2019. So June 2019 was 3 the original date, correct -- 4 A Yeah. 5 Q -- for Go-Live for Broadband? 6 And by two-thou- -- excuse me -- June 2019, 7 there were still functionalities in Open for OSF that 8 were not ready for Broadband; is that right? 9 A No, I don't recall that. What I -- what I 10 recall is that there were Open observations. We were 11 discussing things that the City had logged to us, 12 saying in late or early -- at that moment, saying, I 13 need or I -- I was suspecting this. And we were 14 reviewing it, and we were looking into that. 15 But I don't know anything besides that 16 observation, that we were coming and going, and were 17 open through the -- the whole project. 18 Q So let me -- let me ask it this way: You 19 know what -- do you know what Level 1 Severity or 20 Level 2 Severity or Level 3 Severity refers to? 21 A If it's in the context of the master 22 professional agreement support, yes. 23 Q And what about with respect to 24 functionality? Does -- if something was called a 25 Level 1 Severity, is that an observation, or is that a Page 136 1 functionality issue? 2 MS. PIERCE: Objection. Form. 3 A It depends on the SOW. On the SOW, you can 4 log mainly two kinds of SOWs, of tickets, of requests: 5 one is observation, which is something that Fort 6 Collins is saying that it doesn't like or doesn't seem 7 like is fulfilling their needs. Doesn't -- doesn't 8 mean that is an error, a bug. 9 And the other one is a ticket, which is 10 that they execute something in the SmartFlex, and it's 11 not performing as it should be performing. 12 For this second one, we do have SLAs, SLAs, 13 service level agreements, that are -- that categorize 14 by severities and are Severity 1, 2, 3, and 4. 15 The observations were -- the observation 16 didn't have severities, were more the subjective or 17 the criteria of the person that logged the observation 18 and was always discussed during the process. 19 Q (By Ms. Shoaei) So if -- as of -- as of 20 June 2019, which was the original Go-Live for 21 Broadband, is it true that there were Severity 22 1-identified issues with OSF for Broadband? 23 A I don't have (inaudible), but I -- 24 THE REPORTER: You don't have what? I'm 25 sorry? Page 137 1 A The exact numbers of the statistics, but 2 it's possible. It's possible that -- that somebody 3 could log in a bug, an incident, that was to define a 4 Severity 1. 5 Q (By Ms. Shoaei) Okay. And you mentioned 6 earlier, Severity 1s or Severity -- are not 7 observations. Those are issues with the -- with the 8 product; is that right? 9 A Or a bug. We call it bugs. 10 MS. PIERCE: Objection. Form. 11 A Are things -- are things that -- for 12 example, you need to -- you access a window, and it's 13 an error saying -- I don't know -- you cannot open it 14 because something happened -- that is an issue -- or 15 if you want to execute the -- a process, and the 16 system doesn't do it -- does it. 17 So what the client -- what normally happens 18 is that the person that is logging this logs it. 19 Normally this happens through the whole project, 20 because anybody that is working in the system, either 21 configuring, training, or testing, can find these kind 22 of things. Log it. 23 And then there is -- there is Open, where 24 we review these tickets and said, This is new, because 25 there is a system error, and we will fix it, and we 35 (Pages 134 - 137) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 36 of 86 Page 138 1 will go to -- to the factory or to P&T to fix it, or 2 it's because of other costs, because there's a bad 3 rule defined. So please, Mr. Client, adjust the rule 4 or adjust the prioritization. And that's how this 5 works. 6 So it's pretty common that during the whole 7 project, you will find bugs that are being reported. 8 Some of them are related to the software; some of 9 them, no. 10 But at the end, if they are related to the 11 software, we will resolve it in the severities, in the 12 SLAs, the service level agreements, that we committed 13 in the master professional agreement. 14 Q (By Ms. Shoaei) And were there bugs that 15 related to the software that were Severity 1 by the 16 time -- as of June of 2019? 17 A I don't have that specific answer. I don't 18 recall, but it is possible. 19 Q Okay. And as of August 2019, when 20 Broadband did Go-Live, were there still -- were there 21 Severity 1 bugs regarding the software? 22 A At least being own result, no. And why I 23 say this, because you can have a Severity 1 logged, 24 identify that it is something related to the software, 25 but you can have a workaround, a temporary solution, Page 139 1 that a client agrees to -- to use it. 2 So it is applied or it is implemented 3 and -- while Open fixed or delivered the definitive 4 solution. 5 Q So for temporary solutions -- 6 A But I don't -- I don't -- sorry. 7 Q So for temporary solutions, they were -- 8 it's hard to use -- it's one of those words where the 9 definition of the word is the same. The temporary is 10 for a certain period of time; it's meant to be used 11 for a certain period. 12 And then Open would provide a permanent 13 solution to the temporary solution; is that right? 14 A Yes. 15 Q Okay. So as of -- when Broadband went live 16 in August 2019, there were permanent -- excuse me -- 17 there were temporary solutions that would then get 18 permanent solutions; is that right? 19 A If they were exactly as June -- in June -- 20 I don't have the number exactly, but it was possible. 21 Q Okay. And I'm not -- I'm not asking for a 22 number. But there -- were there temporary solutions 23 that were implemented as of August 2019, when 24 Broadband went live, that Open later provided 25 permanent solutions for? Page 140 1 A I'm not sure. My answer is I'm not sure. 2 But it is possible that by that time we have these 3 kind of situations. 4 Q Okay. Well, Mr. Lopez, unfortunately you 5 are the -- you are the corporate representative 6 designated for this. So -- 7 A Yeah. But -- 8 Q -- you do not know? 9 A -- it's a number -- it's a number -- 10 Q I'm not asking for a number. I'm not 11 asking for a number. I'm asking for: Were there 12 permanent solutions that were delivered for -- 13 solutions that were -- that were at Broadband -- when 14 Broadband went live, were there temporary solutions 15 that then Open delivered permanent solutions for 16 afterwards? 17 MS. PIERCE: Objection. Form. 18 A It is possible. 19 Q (By Ms. Shoaei) Open in October 2019 20 represented that it had delivered 96.4 percent 21 required functionality by the Go-Live date. 22 Have you seen this document? 23 A Which -- 24 MS. PIERCE: Objection. Form. 25 Q (By Ms. Shoaei) I'll show it to you. It's Page 141 1 former Exhibit 356. Okay? 2 A I see it. 3 Q Do you see that on your screen? 4 A Yeah. 5 Q Okay. 6 A Yeah, I remember this document. 7 Q Okay. This first line here, under this 8 bullet point, Broadband, it says, Broadband 9 functionality has been substantially delivered by Open 10 and accepted by the City. Estimated percentage of 11 completion at Broadband Go-Live date was 96.4 percent. 12 Do you see that? 13 A Yeah. 14 Q And how did Open determine this 96.4 15 percent as of the Go-Live? So this would be as of 16 August -- the August date. 17 A Yeah. We reviewed all the RFPs that were 18 included in the functional matrix, that were related 19 to Broadband. 20 And we -- we defined for each one of them 21 if they were already delivered in the software that 22 Fort Collins were using and have it in the 23 requirements. We add it, we sum all of this, and 24 calculate the proportion, and gave us 96.4 percent. 25 Q And does the delivered include temporary 36 (Pages 138 - 141) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 37 of 86 Page 142 1 solutions? 2 A How is that? Can you clarify that. 3 Q Sure. So you're saying it's the 4 functionalities delivered. If it was a temporary 5 solution, would that have been included in the 96.4 6 percent? 7 A I don't -- is that -- I don't see the 8 relations -- the relation. But let me try to -- to 9 answer you. 10 They -- if there were -- if there were -- 11 it's possible -- errors, that doesn't mean that Open 12 elicits from this assessment -- and this is a common 13 practice -- that we hadn't delivered the 14 functionality, but the functionality has an error. 15 And even during operation or during clients 16 that had been -- that had been operating and box 17 come -- and that doesn't mean that the functionality 18 is there. 19 So we didn't -- this 96 percent -- 96.4 20 percent was with the functionality that we have in the 21 servers regardless if they had a bug report or not, 22 because that is something that is normally -- and 23 continually, you can have it even before Go-Live or 24 after Go-Live. 25 And the important thing is that if that bug Page 143 1 has a temporary solution which it sees that is not 2 blocking the operation, that is exactly in the master 3 professional agreement. That is okay. The 4 functionality is there and is something that we can 5 fix with a temporary solution. 6 Q And if a bug is stopping or impacting the 7 operation -- I think that's how you put it -- and Open 8 had delivered a temporary fix, would that have been 9 included in the 96.4 percent calculation? 10 A Yeah -- 11 MS. PIERCE: Objection -- 12 A -- the master professional agreement -- 13 master professional agreement has that agreement: 14 that it is accepted that -- if the software has a bug 15 and Open provides a temporary solution, that doesn't 16 affect or minimize the impact on the software. That 17 is accepted as okay, as something that -- that could 18 be worked by the City. 19 Q (By Ms. Shoaei) Understood. And you said 20 if it doesn't minimize or impact the software. Who 21 determines whether it would -- a temporary solution or 22 an error would impact or minimize the software? 23 A The client. 24 Q Okay. And in this case, just so we're -- 25 the City here? Page 144 1 A Yeah: the City. 2 Q Okay. 3 A Through a SOW, when we -- we request to 4 apply a temporary solution, the client has the -- the 5 opportunity to say, I accept that, or I don't accept 6 that. 7 If I accept that, it's implying or is the 8 formal approval that that works for the client and we 9 are okay and we can continue. 10 If the client doesn't accept it, then 11 normally what we look at is why it doesn't accept it. 12 Maybe look to another workaround or try to explain, 13 normally what happens. But it is just . . . 14 Q I see. So if -- if Open provided a 15 temporary solution for a software operation issue and 16 the City accepted it, under the MPSA, it was able to 17 be -- it was able to be added into this 96.4 percent? 18 A Yeah. 19 Q Okay. It also mentions here that the 20 remaining 3.6 percent are scheduled to be delivered in 21 Q1 2020. Do you see that? 22 A Yes, I see. 23 Q This document speaks for itself. So here, 24 did Open deliver the 3.6 percent by Q1 2020? 25 A Yes. Page 145 1 Q Did that include all permanent solutions? 2 A How is that? If we -- can you explain that 3 question. 4 Q Just did Open deliver all outstanding 5 permanent solutions by Q1 2020? And this is all for 6 Broadband, just to make it even more specific. 7 A Yeah. I -- yes. At least -- at least for 8 the ones that were identified during the Go-Live. 9 Q Just the -- right here, right? So we have 10 96.4 percent. It's every -- here it's saying the 11 remaining 3.6? 12 A Yeah. Yeah, yeah. For the 3.6, yeah. Is 13 that -- is that -- and let me be precise with the 14 answer: is that you could have -- you can have -- or 15 the City could log a SOW, a bug, an incident by the 16 end of Q1. Can log it. 17 And the hour after they log it, we will 18 provide -- or maybe a couple of hours after -- we will 19 provide a temporary solution. But it was logged just 20 before the Q1 ends. 21 So what I can be positive -- or I can say 22 is that all the things that part of solutions that 23 were -- that were during the Go-Live were delivered 24 during Q -- or before Q1 of 2020 ended. 25 Q Okay. And when you say -- I just want to 37 (Pages 142 - 145) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 38 of 86 Page 146 1 clarify: It's temporary and permanent or just 2 temporary? 3 A Is that a permanent solution is just -- 4 it's just that: It solved the problem. A permanent 5 solution is if you -- if your -- it's like the sole -- 6 the solution of the problem. 7 So a permanent solution closed the issue. 8 You don't need to do anything else after the permanent 9 solution. 10 Q And the 3.6 percent that was going to be -- 11 to be delivered, that was done through the online -- 12 Open's online support team? 13 MS. PIERCE: Objection. Form. 14 A What do you mean "through"? 15 Q (By Ms. Shoaei) Who was going to be 16 responsible for delivering the remaining 17 functionalities to the City? 18 A I think it was here -- yeah. It says -- 19 no, no, no, it's not here. It was a joint effort 20 between the project and -- and Open online support; 21 because after Go-Live, it's like a joint effort 22 between these two areas of the company, a project that 23 is like transition to Open online. So to refer is a 24 joint effort. 25 But there was a document that we created Page 147 1 with Fort Collins after Go-Live that -- it was called 2 the transition plan. And in that transition plan, 3 we -- we -- we anticipated Fort Collins in which 4 release they were going to be -- to be delivered. 5 And once the release arrived to Open -- 6 to -- when Open released -- or in that release -- 7 sorry -- for the -- that we applied on that servers of 8 Fort Collins. 9 And we notified Fort Collins and said, Fort 10 Collins, this release is already applied in your 11 testing environments. Please execute the process for 12 deploying to production. 13 So that was the -- the process we did to -- 14 to deliver these 47 RFP points. 15 Q Right. And that's -- the 47 RFP points are 16 functionalities; is that right? 17 A That is exactly -- 18 MS. PIERCE: Objection. Form. 19 A -- that is exactly what I said at the 20 beginning. For me, not necessarily functionalities. 21 Functionalities are, for me, something broader or more 22 big than an RFP. 23 An RFP can be as little as I need that -- 24 that -- I don't know -- that billing system can -- can 25 show in the upper bar the name of the user. That is Page 148 1 not a functionality; that is a requirement. 2 So to be fair, I think that they are 3 requirements. More appropriate. 4 Q (By Ms. Shoaei) Okay. So when Open was 5 sent this letter and it said, The remaining 3.6 is 6 related to 47 RFP points, Open was not referring to 7 functionalities, but just requirements; is that right? 8 A Yeah. 9 MS. PIERCE: Objection. Form. 10 A Which is -- which is the base of the 11 functional matrix and the base of the scope of the -- 12 of the project. 13 Q (By Ms. Shoaei) Okay. 14 A And . . . 15 Q And did Open provide 100 percent OSF 16 functionality for Broadband? That's a question: 17 Did -- did Open provide 100 percent OSF functionality, 18 as needed -- or that were, in general, any grade -- 19 we're not talking about grade here. 20 So did Open provide 100 percent OSF 21 functionality to the City for Broadband? 22 A At what time? 23 Q Anytime. I'm asking you: Did -- right 24 now, did -- 25 A Yeah. They did. If you ask me -- if you Page 149 1 ask me before Go-Live, I will -- I cannot say yes, 2 because it was 96 percent of the RFP, and somebody 3 could say that the functionality was not complete. 4 Q Right. 5 A But after Q1 of 2020, yes. 6 Q Okay. What about before Q1 2020? 7 A It is the plan that we just said here: 8 that we have a 96 percent, and we were missing 47 9 RFPs. 10 Q Okay. That's all I'm asking you: Did 11 Open -- when did -- and if you tell me it's Q1 2020, 12 then that's your answer. 13 I just want to clarify: When did Open 14 provide -- by when did Open provide 100 percent of OSF 15 functionalities for Broadband to the City? 16 MS. PIERCE: Objection. Form. 17 A I think that the last item of these 47 18 things were delivered early 2020. I think it was 19 January or February. 20 Q (By Ms. Shoaei) Mr. Lopez, let's move on 21 to Utilities here. So after Broadband went live, as 22 you mentioned, the project transitioned to the 23 Utilities, correct? 24 A Yes, you can say so. 25 Q Okay. And as -- we looked at -- the prior 38 (Pages 146 - 149) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 39 of 86 Page 150 1 Go-Live date, as part of the MPSA for Utilities, was 2 originally I think September 2019. But that was 3 pushed. 4 Do you -- and it was pushed, I believe, 5 first to March 2020. Does that sound right to you? 6 A Formally, no. And -- because really the 7 next move for them was -- formally agreed upon the 8 parts was October 4, I guess. 9 Q Correct. And that's for the first 10 amendment that you mentioned earlier. 11 A Yeah. 12 Q But informally, it was extended first to 13 March 2020 and then June 2020, correct? 14 A And I want to put subjects to that 15 information. Open, with that knowledge that they 16 had -- or we had, proposed to move it to March. 17 By the time that I was in the project, I 18 entered into the project because that -- in that 19 same -- in, like, November, I was getting into the 20 project as a PM. Michelle Fray entered to the project 21 as a PM from the client. 22 And the first thing that she did was to 23 make an assessment. And the first question was, one, 24 if March was possible from the client's side. 25 And when Michelle -- she went with our Page 151 1 proposal, March, having some assumptions. She came 2 back and said, Diego, these couple of assumptions, we 3 are not going to be ready to meet them. I'm 4 proposing, because of what I have known, that we move 5 it until October. 6 She explained that she feels like if we 7 push, we can -- by that time, we can get live in 8 September; but she wanted to leave four or six weeks 9 of wiggle room, of cushion, in order -- for any 10 unpredicted or anything that happens. 11 So that's why March was out of -- off the 12 table, and then the new date was October. 13 Q Well, then it was June, correct? It went 14 from March 2020 to June 2020? 15 A Yes, I think so. It went back and forth, 16 because they -- we will need to be very sure that at 17 least the -- the -- but we were assuming it was going 18 to pass and it was going to happen when we would be 19 ready to. So there were -- so, yeah, March, June, and 20 then October. 21 Q Okay. And for March, I understand you're 22 talking about what the City told you and Dr. Fray. 23 But isn't it true that by the end of January of 2020, 24 there were still functionalities that were in the RFP 25 that were not available in the software? Page 152 1 MS. PIERCE: Objection. Form. 2 A No. By that time, what happened was that 3 Fort Collins had logged additional observations, has 4 told us very late in the project, Look, this doesn't 5 work for me. I need to adjust it or -- or modify it, 6 because my business process doesn't allow it. 7 That became an issue because it was 8 bringing it very late in the project, after the 9 solution scope. Regardless of that, what we did was, 10 Okay. Some of them -- most them were not contractual. 11 Very few of them were contractual. 12 But there were not things that were pending 13 in the software, were things that Fort Collins wanted 14 differently. And after discussions, we agreed to 15 modify it in the software. 16 But Plan B -- 17 Q (By Ms. Shoaei) Mr. Lopez -- 18 A Plan B will be to -- to use it as -- as we 19 have it in the product. 20 Q Okay. But let me just show you the 21 document. Hopefully that will make things go a little 22 quicker. I think we're at, if I'm not mistaken here, 23 464 and 465. These will be back to back. 24 MS. SHOAEI: And, Alex, it will be 21 and 25 22 for you. Page 153 1 Q (By Ms. Shoaei) Okay. Mr. Lopez, do you 2 see this on your screen? 3 A Yeah. 4 Q Okay. The subject line is "RFP Not 5 Fulfilled." And it's an email from Ms. Mercado to you 6 and several others at Open. 7 And she says, "Hi Diego, Attached is the 8 list of RFP where the functionality is not available 9 in the product. Diego is sending me the corresponding 10 SAOs in the morning. Let me know if you need anything 11 else." 12 So then we go to the attachment. This is 13 Exhibit 465 now. These are what she attaches. And it 14 says again, "Attached is the list of RFP where the 15 functionality is not available in the product." 16 So as of January 29, 2020, there were 17 functionalities in OSF that were not available per Ms. 18 Mercado, correct? 19 A No. 20 MS. PIERCE: Objection. Form. 21 A No, that is not a true statement -- or a 22 fair statement. Sorry. 23 Q (By Ms. Shoaei) I -- 24 A What happened here -- 25 Q Okay. Go ahead. No. I was just reading 39 (Pages 150 - 153) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 40 of 86 Page 154 1 her email. So tell me how -- 2 A Yeah, yeah. And you will find more emails 3 with the same language. What happened here is that 4 from the project management perspective, we have a 5 process that is a scope management. 6 On the scope management, what we -- at 7 least from the project management perspective, we ask 8 our team to anticipate in terms of risks what could be 9 things that -- now knowing what we know from Fort 10 Collins, understanding the business process, having a 11 different view that we have back then when we answered 12 the RFP, what are the things that they feel could be 13 in risk of not fulfilling. 14 And this is something -- we did it, like, 15 twice or -- more than one. And we came with a list. 16 And after this email, what we did was sit down with 17 the people that answered the RFP, the people also that 18 initially had the view, and we clarified. 19 And we were clarified of that, of how we 20 can fulfill or how we initially -- the thought of what 21 our perspective is to fulfill it. 22 To give you an example, she -- I don't 23 remember exactly, but I remember -- I don't know if it 24 was in this review or in another one. 25 There were -- there were RFPs that Page 155 1 eventually, yeah, the -- the RFP -- the software, she 2 didn't saw anything or the team -- not to put it on -- 3 the team didn't saw something around that, but the RFP 4 says clearly that it should be covered by report or 5 integration. 6 And they were not taking that into 7 consideration. So we sit down and we reviewed that. 8 We said, Okay, this is a report. So we tell Fort 9 Collins, Look, Fort Collins, you are missing that. 10 Some of them were de-scoped. And what I 11 mean de-scoped was that Fort Collins didn't even knew 12 what they were asking on that RFPs. 13 So when we -- when we have this review, we 14 came out that there were a lot of RFPs that have some 15 kind of ambiguity. 16 And when we review it, we clarify a lot. 17 And there were other ones that -- we talked with Fort 18 Collins. We said, Fort Collins, look, we're looking 19 at this. And they -- they even say that I really -- I 20 don't know what -- what does -- the RFP is saying. 21 So the conclusion there was, You know what? 22 Let's take it out of the -- of the scope. There were 23 to handle the scope. 24 So that -- that was the first step of a 25 process that ended at the end reviewing the functional Page 156 1 matrix and having some additional information for the 2 project team in order to work towards the first 3 implementation -- or the first perspective was -- or 4 view that we had when we answered the -- the RFP. 5 Q Okay. Earlier we talked about the 6 Utilities Go-Live going from March to June. And it 7 did not -- Utilities did not Go-Live in June 2020. 8 And at that time, when -- when Utilities 9 did not Go-Live in June 2020, was there a plan of when 10 it would Go-Live? 11 A By June, yes. 12 Q Okay. And what was the plan? 13 A October 4th. 14 Q Okay. And when was that plan, I guess, 15 determined or decided by? 16 A Initially what decided -- I think when we 17 closed the amendment, that it was -- or in the 18 discussions of the amendment, I will say March. March 19 or April, we closed the plan and -- to Go-Live in 20 October -- 21 Q Okay. 22 A -- because the planning amendment was to 23 Go-Live in October. So more or less, that is the time 24 frame. 25 Q Why did Open not submit a project change Page 157 1 request for the Utilities Go-Live in March or April 2 when the June date was going to get -- knowing that 3 the June Go-Live was going to get pushed to October? 4 MS. PIERCE: Objection. Form. This is 5 beyond the scope of Mr. Lopez' -- 6 MS. SHOAEI: No, it's not. 7 MS. PIERCE: -- topics. 8 MS. SHOAEI: It is not. He is designated 9 for all project change requests on No. 46. 10 MS. PIERCE: Yeah, but not, you know, 11 non-existing project change requests or theoretical 12 ones. 13 MS. SHOAEI: I know. I'm asking why there 14 was not. 15 Q. (BY MS. PIERCE) Why did Open not submit a 16 project change request prior to the June 2020 Go-Live 17 for Utilities when it knew as of March or April it was 18 going to get pushed to October 2020? 19 MS. PIERCE: Same objection. Topic 47 20 clearly contemplates PCRs and decisions not to issue 21 PCRs, and that has been designated for Mr. Parrott. 22 MS. SHOAEI: I disagree. I saw he's here 23 for No. 46. 24 MS. PIERCE: Disagreed. 25 But, Mr. Lopez, you can do your best. 40 (Pages 154 - 157) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 41 of 86 Page 158 1 A Okay. Exactly as the previous question, we 2 were in the middle of the discussion and planning of 3 when we will release Go-Live. 4 So the date of March and the date of June 5 were preliminary plans, that after this process, 6 eventually ended in October. 7 Once we have October, we -- we did a change 8 control. And when I say, "we," it is Fort Collins and 9 Open, because the change controls are not something 10 that is -- that is made by only one party; it's 11 something that is agreed. 12 And that's why all of the changes or the 13 preliminary plans for March that I sent to -- to -- to 14 Michelle, a secondary that we discussed, that it was 15 mainly possible in June, and the last one, that was 16 October, all of that get into Change Control -- I 17 think it was 25. I don't remember. 18 But because the correct process for the -- 19 was first let's have an agreement on when does both of 20 us feel comfortable on a plan for Go-Live. And 21 neither March or neither June Fort Collins was 22 comfortable of -- committed to that -- to that date. 23 So until we didn't have that, like, 24 approval from Fort Collins that they committed to 25 October 4 -- 4th, I guess, or 5th, any change control Page 159 1 was made. But as soon as we have that, the change 2 control was made. 3 Q (By Ms. Shoaei) In October 2020, you sent 4 a project change request to Open -- to the City dated 5 September 10, 2020. So it was backdated. 6 Why did Open send that project change 7 request to the City? 8 A Can you show me the change request? 9 Q Absolutely. I can. 10 MS. SHOAEI: It's -- 466 and 467 will be 11 the exhibits, will be the cover and attachment. 12 And for you, Alex, it will be 27 and 28. 13 Q (By Ms. Shoaei) Okay. Mr. Lopez, do you 14 see this document here? 15 A Yeah. 16 Q Okay. So this is the cover email. And 17 we'll make this 466, just to make sure I get this 18 correct. 19 A Okay. 20 Q And I'll show you the second page too. I 21 don't think there's much there, but just so you have 22 it. Okay. And this is 466 -- excuse me -- 467. I 23 knew I was going to make this mistake. 24 So -- and this is from you. And then 25 really you here are going to be Open, but also you Page 160 1 individually. But from Open to the City. 2 And it's about three pages. And you see at 3 the top here, it's dated September 10, 2020. Do you 4 see that? 5 A Yeah. 6 Q Okay. What -- what is the origin of you 7 sending this PCR? 8 A That as the plan that we have was going to 9 live in October, and when we get to October or 10 previously, we start discussions that we will not make 11 it to October, we start making the next review of when 12 will be that next plan or the next plan to Go-Live for 13 Utilities. 14 And that -- that review started I think 15 before September. I think late August, September, we 16 start having the discussion because it was -- it was 17 pretty obvious that we will not Go-Live in October. 18 And our task -- one of the tasks was sit 19 down and formulate a plan taking into consideration 20 that it was starting things and -- a realistic plan to 21 come bring things to completion. 22 So we sit down with Andrew at -- the same 23 as we did with -- with Michelle. Back and forth, we 24 proposed -- we proposed some dates. 25 And this was the result of this Page 161 1 back-and-forth, of saying, for example, Fort Collins, 2 are you -- are you -- do you think that by October 16, 3 we will be ending around two, and my -- and 4 November 6, we will be ending around three. They were 5 making that assessment. 6 And this was, like, the first kind of 7 agreement or draft that we have -- we have it. And we 8 agree that I will put it in a change control so that 9 it can be discussed like the other things, as 10 something that -- why I give it, merely Andrew asked 11 me to send this, because he was not so familiar with 12 the process. 13 So I take the -- the -- the task and I fill 14 it with what we have been discussing in the meetings 15 and send it to Lisa and Andrew to review it and -- 16 just to -- to get to a point in which we were -- that 17 we agreed on that new movement of the project. 18 Q Okay. Did -- did Utilities -- the 19 Utilities portion that we have been talking about for 20 a while, did Utilities Go-Live on the project? 21 A No. 22 Q Did Open deliver 100 percent of the 23 functionalities in OSF for the project to the City for 24 Utilities? 25 A From our understanding, yes. 41 (Pages 158 - 161) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 42 of 86 Page 162 1 Q By when did Open deliver 100 percent of the 2 functionalities to the City? 3 A Before system testing, as I said, in Q1 of 4 2020. 5 Q For Utilities? 6 A Yeah, for Utilities. 7 Q I'm sorry. 8 A Utilities, yeah, yeah. Yes. Because in 9 there, there were not outstanding -- many outstanding 10 things. 11 Q Are you -- so there's a PCR called PCR 29 12 that has a list of things. And I can show it to you 13 just to refresh your memory. It's formerly Exhibit 14 27. 15 So PCR 29 here was entered -- or excuse 16 me -- it was addressed. And it has these things that 17 I believe it was committed to or was going to do next, 18 right? 19 And the first -- one of the first things 20 was to -- you see here, Fort Collins to deliver a 21 prioritized list of Broadband issues. And then 22 there's a monetary component to this. 23 But there's also that -- it says that, The 24 City is to deliver an updated project plan. And the 25 updated project plan, though, needed to be done after Page 163 1 the parties did a functional matrix review, correct? 2 A No. 3 Q Okay. So the City was supposed to provide 4 an updated project plan prior to the parties doing a 5 functional matrix review? 6 A No. 7 Q Okay. One of those questions has to be 8 yes, so let's try this again: Was the City required 9 to provide an updated project plan prior to the 10 parties doing a functional matrix view? 11 A No. 12 Q Okay. So it was supposed to do it after, 13 right? The City was supposed to update -- provide an 14 updated project plan after the parties did a 15 functional matrix view, correct? 16 A They already had done it, so yes. 17 Q Okay. So -- so -- so you're saying that 18 the parties -- the parties finished doing a functional 19 matrix view? 20 A Let me -- let me give you context on why 21 I'm answering it this way: The functional matrix 22 review was supposed to be done, and Fort Collins told 23 us that they do it before the system testing. So it 24 was before May 4 of 2020. 2020, yeah. 25 During the project, during the system Page 164 1 testing -- 2 Q Okay. Mr. Lopez, we're talking about two 3 different things, so let me put you in a scheduling 4 time. We're talking about two different time periods. 5 In 2021 -- so let's go to a whole year 6 later, because this PCR is not even dated until 7 December 2020. So -- 8 A Yeah, yeah. 9 Q So we've got to -- we've got to put 10 ourselves back. 11 A Yeah. 12 Q So did the parties -- Open and the City 13 were going to partake into a -- under a functional 14 matrix review in 2021, correct? 15 A Yes. But for the third time. And for the 16 first time -- 17 Q Okay. And for that third time -- I 18 understand. In -- but this PCR -- so we have to be 19 doing a comparison to this PCR, is what -- I'm trying 20 to bring us together here. 21 A Okay. 22 Q The City was going to provide an updated 23 project plan after the parties finished the functional 24 matrix view in 2021, correct? 25 MS. SHOAEI: Thank you, Dennis. Page 165 1 A No. We were -- our understanding here was 2 that Fort Collins already made a functional matrix 3 review. 4 When we did this PCR, Fort Collins was 5 asked to do a second matrix review since September. 6 And they told us that by December, they already had 7 that functional matrix review. 8 So that's why we were asking them not only 9 that, but -- because of all the things that were 10 pending. But they provided us the review of a new 11 project plan. When -- when this -- when the 12 configuration -- all the standard things will be 13 finished. 14 So that's why we put February 5, because at 15 that time, Fort Collins told us that they already 16 reviewed the functional matrix and that, for us, there 17 were no more things pending to be done. 18 Q (By Ms. Shoaei) Okay. So with the 19 functional matrix review, there was no requirement or 20 there was no decision by Open and the City to conduct 21 a functional matrix review in 2021. 22 Is that what you're saying? 23 MS. PIERCE: Objection. Form. 24 A No. That's -- 25 Q (By Ms. Shoaei) Okay. 42 (Pages 162 - 165) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 43 of 86 Page 166 1 A That's not what I'm saying. What I'm 2 saying is that -- 3 Q No, no, no. Let me -- let me try to fix it 4 here since that's not what you're saying. Did the 5 parties do a functional matrix review in 2021; yes or 6 no? 7 A Yes. 8 Q Did the parties finish doing the functional 9 matrix review in 2021? 10 A From my understanding -- no, no. We -- not 11 finished. Fort Collins didn't have the time and the 12 availability, so we didn't finish that -- that matrix 13 review. 14 Q And was there anything that the -- that 15 Open needed to do to finish the matrix review? 16 A No. We were there. We were -- the people 17 were assigned. And what -- what make -- don't finish 18 it. But all the people were working on Broadband, 19 were not available, and they were dedicating all of 20 the -- a few hours per week to this assessment. 21 So it started taking long. And eventually, 22 the contract was terminated or the legal dispute 23 started. So that was the -- the . . . 24 Q Okay. I think I have two minutes left. 25 And I'm just going to go through one last -- let me Page 167 1 actually make sure I can do this or not. Yes. 2 Okay. So this will be the last document 3 I'll show you. It will be 468, if it opens here. And 4 here it's the final project report that you have seen 5 here. 6 If we go to page 9. Do you see that here? 7 A Yes. 8 Q Okay. And it says the -- what it's 9 actually saying is that the final -- the total hours, 10 as been planned -- 73,389.2 hours had been executed. 11 Do you see that? 12 A Yes. 13 Q Okay. And this is almost -- so the 14 original hours we saw from the very beginning of today 15 was about 38,000. 16 Do you recall that? 17 A Yes. 18 Q Okay. So for this -- there's additional -- 19 if my math is correct, an additional 35,000 hours, 20 roughly -- 21 A Yes. 22 Q -- is that right? Okay. 23 How can I -- how can -- how -- how can we 24 determine that number? What is that based off of? 25 A This number came from -- from our system Page 168 1 that we have, that is also the SAO. Every person that 2 works in Open logs, like, a time sheet. And they 3 logged, and we pulled up that information and bring 4 these numbers up. 5 Q So it's personnel that were working on the 6 project? 7 A Yeah. 8 Q Okay. All right. 9 MS. SHOAEI: Well, I believe my time it up, 10 Mr. Lopez. So thank you very much for your time 11 today. 12 THE DEPONENT: Thanks, Maral, for your -- 13 MS. SHOAEI: And round two. 14 We can go off the record. 15 THE VIDEOGRAPHER: Okay. We're going off 16 the record at 2:05 p.m. Columbia time. And this 17 concludes today's 30(b)(6) testimony of Open 18 International given with designated representative 19 Diego Lopez. 20 The total number of media units used was 21 three and will be retained by Veritext Legal 22 Solutions. 23 Thank you, all. And please stay online for 24 any orders or spellings the reporter might have. 25 (The following colloquy is not on the video Page 169 1 record.) 2 THE REPORTER: I just need to get 3 transcript orders on the record again. 4 MS. SHOAEI: We want roughs. So we'll go 5 with roughs. 6 THE REPORTER: And Alex? 7 MS. PIERCE: Yeah, we'll have roughs as 8 well. And our usual. 9 (At the time of production, Exhibit 465 had 10 not been received by the court reporter.) 11 * * * * * * * 12 WHEREUPON, the foregoing deposition was 13 concluded at 1:05 p.m. Total time on the record was 14 5 hours and 1 minute. 15 16 17 18 19 20 21 22 23 24 25 43 (Pages 166 - 169) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 44 of 86 Page 170 1 I, DIEGO FELIPE LOPEZ GAVIRIA, the deponent 2 in the above deposition, do hereby acknowledge that I 3 have read the foregoing transcript of my testimony, and 4 state under oath that it, together with any attached 5 Amendment to Deposition pages, constitutes my sworn 6 testimony. 7 8 _____ I have made changes to my deposition 9 _____ I have NOT made any changes to my deposition 10 11 ___________________________________ DIEGO FELIPE LOPEZ GAVIRIA 12 13 14 Subscribed and sworn to before me this 15 _______ day of __________________________, 20____. 16 My commission expires: 17 ______________________. 18 19 __________________________________ NOTARY PUBLIC 20 21 22 23 24 25 Page 171 1 CERTIFICATE OF DEPOSITION OFFICER 2 STATE OF COLORADO ) 3 CITY AND COUNTY OF DENVER ) 4 I, Kimberly Smith, a Registered 5 Professional Reporter and Notary Public within and for 6 the State of Colorado, commissioned to administer oaths, 7 do hereby certify that previous to the commencement of 8 the examination, the witness was duly sworn by me to 9 testify the truth in relation to matters in controversy 10 between the said parties; that the said deposition was 11 taken in stenotype by me at the time and place aforesaid 12 and was thereafter reduced to typewritten form by me; and 13 that the foregoing is a true and correct transcript of my 14 stenotype notes thereof; that I am not an attorney nor 15 counsel nor in any way connected with any attorney or 16 counsel for any of the parties to said action nor 17 otherwise interested in the outcome of this action. 18 My commission expires June 21, 2025. 19 20 <%22401,Signature%> KIMBERLY SMITH 21 Registered Professional Reporter Notary Public, State of Colorado 22 23 24 25 44 (Pages 170 - 171) Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 45 of 86 & &2:3,11 6:14,17 0 02063 1:2 5:22 1 1 5:15 29:6 65:24 111:14,24 112:24 135:19 135:25 136:14 136:22 137:4 138:15 ,21,23 169:14 1/29/2020 4:4 10 62:8 63:18 65:13 95:6,9,14 159:5 160:3 10/2/18 4:14 10/7/2020 4:6 100 44:11 98:8 98:11 ,23 99:22 100:13 148:15 148:17 ,20 149:14 161:22 162:1 103 4:1,2 11:00 66:6 11:22 79:9 11:24 79:12 11:25 80:6 11:26 80:9 127 4:14,15 12:55 124:12 13 39:9 1400 2:3 141 4:16 152 4:3,5 159 4:6,8 16 161:2 162 4:11 167 4:9 17th 2:12 18 105:3 19 72:13 ,17 76:18 ,19 95:12 105:3 1:05 169:13 1s 137:6 2 2 36:11 66:3 124:5 128:8 ,11 129:4 135:20 136:14 20 59:16 61:23 62:1,5,23 63:7 63:22 64:2 105:3 114:3 119:8 170:15 2018 15:19 25:22 26:4,20 30:5,9 30:21 31:9 32:19 34:11 ,24 35:10 ,12,18 47:4 50:15 ,17,23 53:3 56:25 60:3 61:20 ,23 62:8 ,8 63:19 65:13 67:3 72:1 80:20 81:2 85:11,15,18 94:22 122:19 125:15 128:8,11 128:22 129:4 2019 25:20 47:5 50:18 51:2 52:6 52:7 ,20 62:1 ,1,5 62:5 64:2 80:21 80:24 81:12 94:23,25 95:5,20 95:23 96:20,21 97:12,22 100:13 112:6,17 113:2 ,3 113:7,10 114:5 114:18 ,24 115:11 ,12,14,22 116:21 118:25 120:9,15 121:8 125:7,12,15 131:3 132:1 134:20 ,22 135:2 135:2,6 136:20 138:16 ,19 139:16 ,23 140:19 150:2 2020 80:24 112:2 112:4 134:25 144:21 ,24 145:5 145:24 149:5 ,6 149:11 ,18 150:5 150:13 ,13 151:14 ,14,23 153:16 156:7 ,9 157:16 ,18 159:3 159:5 160:3 162:4 163:24 ,24 164:7 2021 86:24 132:11 164:5 ,14 164:24 165:21 166:5,9 2022 1:13 3:7 5:5 2025 171:18 21 1:2 5:22 152:24 171:18 22 152:25 22401 171:20 23 1:13 3:7 5:5 24.9 30:22 31:18 32:12 34:12 ,13 34:24 241 4:12 69:13 80:1,14 246 4:14 127:18 127:24 133:12 246.1 4:15 246.1.127:18 128:2 25 158:17 26 76:20 27 4:11 159:12 162:14 28 44:9 159:12 29 3:16 4:11 63:20 153:16 162:11 ,15 2:05 168:16 2:41 124:5 3 3 30:5 37:10 94:9 124:9 135:20 136:14 3.6 144:20 ,24 145:11 ,12 146:10 148:5 3/7/18 3:16 30 1:12 3:3 5:15 44:23 45:13 66:4 124:10 [& - 30] Page 1 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 46 of 86 168:17 300 2:7 303-295-8578 2:13 303-352-1116 2:4 31 26:20 31st 29:1 97:8 3200 2:12 35,000 167:19 356 4:16 141:1 36 3:17 37 3:19 38,000 39:21 167:15 38,360 39:5,12 40:14 ,24 42:9 4 4 50:2 94:22 136:14 150:8 158:25 163:24 4,175 45:22 400 2:3 455 3:16 29:5 456 3:17 36:10 457 3:19 37:8 458 3:20 50:1 459 3:21 60:19 63:15 46 157:9 ,23 460 3:22 61:6,22 461 3:23 93:23 462 4:1 103:1,8 463 4:2 103:1,11 464 4:3 152:23 465 4:5 152:23 153:13 169:9 466 4:6 159:10 159:17 ,22 467 4:8 159:10 159:22 468 4:9 167:3 47 147:14 ,15 148:6 149:8 ,17 157:19 4th 156:13 158:25 5 5 60:20 165:14 169:14 50 3:20 52 80:15 555 2:12 59.4 30:20 31:3 31:17 34:22 5th 158:25 6 6 1:12 3:3 5:15 50:17 61:7 62:8 64:11 66:4 124:10 161:4 168:17 6,178,402 38:5 6.1 32:18 33:9 6.178 60:10 6.178.64:9 6.6 64:12 ,16 65:16 6.674 64:10 60 3:21 14:9 46:2 51:5 61 3:22 69 4:12 7 7 3:13 30:9 ,10 31:9 ,10,11,11,11 31:13,15,18,23 32:12 40:25 42:4 47:9 93:24 7/10/18 3:21 7/11/18 3:17 70 46:2 51:6 73,389.2 167:10 8 8 25:18 ,19 27:22 28:18 31:11,13 31:19,23 32:1,3 32:13 34:14 40:9 41:1,4,6,8 41:19,22 42:4,10 47:9 ,10,11,14 48:3 49:21 54:2 65:17 70:18 71:1 ,4,6,9,16,22 72:10 96:22 97:2 ,11,12,16,18 97:21 98:6 ,7,13 98:14,19 99:10 100:4,6 103:2 125:24 126:2 127:5 131:10 8/14/18 4:1 80202 2:4,12 80521 2:8 84.3 30:23 31:22 8:02 3:7 9 9 103:2 167:6 93 3:23 96 142:19 149:2 149:8 96.4 140:20 141:11 ,14,24 142:5 ,19 143:9 144:17 145:10 970-290-4200 2:8 9:02 5:4 a a.m.3:7 5:4 65:25 66:6 ability 25:6 74:9 96:17 able 24:17,22 29:16 50:21 51:1 88:1,10,11 95:22 118:3 126:24 144:16 144:17 absolutely 159:9 accept 144:5,5,7 144:10 ,11 accepted 141:10 143:14 ,17 144:16 access 126:4 134:9 ,11 137:12 acknowledge 6:23 170:2 acronym 83:11 84:21 acronyms 15:6 action 1:2 6:4 96:2 117:9 130:24 171:16 171:17 [30 - action] Page 2 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 47 of 86 actions 96:14 123:11 ,21 129:12 130:23 134:20 activation 87:22 activities 39:23 102:11 103:22 103:23 104:5 106:1 ,23 107:11 121:20 ,22 activity 18:19,24 18:24 19:12 56:10 82:22 83:17 92:23 101:24 ,25 102:17 104:10 104:17 106:3,25 106:25 107:7,8 108:12 ,13 actual 21:18 28:11 94:23 126:16 ,20 add 22:14,14 31:20 33:5 87:25 141:23 added 129:5 ,10 144:17 adding 30:24 addition 82:4 additional 31:19 68:20 89:23 90:3 152:3 156:1 167:18,19 addressed 102:24 162:16 adjust 41:20 49:5 88:18 138:3 ,4 152:5 adjusted 93:19 adjustments 26:7 60:13,15 administer 171:6 administered 7:2 administrative 38:16 42:14 44:17 ,17 aepierce 2:13 affect 40:3 109:24 115:2 123:1 143:16 affiliations 6:11 aforesaid 171:11 afraid 130:2 ago 7:21 14:4 agree 5:13 56:21 63:19 78:9 81:5 161:8 agreed 7:11 ,12 16:25 42:20 78:20 81:1 86:5 99:11 ,20,24 107:2 113:22 150:7 152:14 158:11 161:17 agreement 4:13 7:8,9 58:20 63:5 66:22 82:18 84:5,17 101:4 105:2 ,10,13 106:2 ,14,16,18 135:22 138:13 143:3 ,12,13,13 158:19 161:7 agreements 136:13 138:12 agrees 139:1 ahead 14:18 36:9 60:18 65:21 66:19 85:2 96:9 124:3 153:25 alert 117:12 alex 7:12 9:11 29:6 36:11 37:10 50:2 60:20 61:7 69:11 72:18 77:2 93:24 103:2 118:17 127:19 152:24 159:12 169:6 alexandria 2:11 6:16 allow 152:6 allowed 127:10 alternative 131:5,15 amato 4:6 ambiguity 155:15 amendment 99:23 111:4,9,9 111:14 ,20,21,23 112:4,23 150:10 156:17 ,18,22 170:5 america 88:22 american 30:9 amount 64:6 65:16 analysis 44:23 45:5,21 47:3 analyst 44:20 andrew 160:22 161:10 ,15 announced 98:1 answer 8:12,22 10:18 13:14 ,14 15:14 19:19 28:22 33:17 34:6 35:2 39:16 41:10 42:8 71:22 73:6 78:1 115:20 125:21 131:19 133:21 138:17 140:1 142:9 145:14 149:12 answered 12:4 19:21 26:12 87:14 99:19 154:11 ,17 156:4 answering 9:1 120:7 163:21 answers 10:1 40:6 49:20 69:2 anticipate 154:8 anticipated 68:23 147:3 anticipating 71:19 anybody 103:24 137:20 anytime 148:23 apis 48:9 apologies 80:10 apologize 23:14 61:17 83:19 [actions - apologize] Page 3 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 48 of 86 93:23 appearance 6:8 appearances 2:1 6:10 appearing 3:6 application 133:22 applied 139:2 147:7 ,10 apply 15:13 131:6 144:4 applying 131:12 appreciate 132:9 approach 19:6 appropriate 3:2 148:3 approval 144:8 158:24 april 35:18 156:19 157:1,17 architects 54:23 architecture 41:13 54:23 architectures 41:14 area 33:2 38:16 38:20 39:20 90:20 areas 55:12 146:22 arrangement 7:5 arrived 147:5 arrow 52:11 asked 10:18,20 12:6 16:24 17:3 72:19 77:2 78:4 85:23 93:8 118:15 124:23 161:10 165:5 asking 28:16 39:2 72:14,16 77:25 80:12 91:17 115:20 120:8 139:21 140:10 ,11,11 148:23 149:10 155:12 157:13 165:8 aspect 51:20 aspects 11:13 assessment 111:3 119:14 142:12 150:23 161:5 166:20 assigned 166:17 assignment 14:10 assist 16:9 assistance 89:7 assume 15:15 assuming 81:23 151:17 assumption 99:9 105:23 assumptions 18:10 36:5 51:18 ,21,25 54:9 57:7,13 64:1 75:14 82:1,11 85:1 92:2 96:16 108:2 151:1 ,2 assurance 26:8 attach 22:5 attached 3:18 4:6 106:24 153:7 ,14 170:4 attaches 153:13 attaching 61:3 attachment 4:5 4:14 49:23 60:24 84:22 103:5,9 128:1 153:12 159:11 attachments 4:7 37:2 attorney 2:6 6:12 171:14 ,15 attorney's 66:10 audio 5:12 augment 17:6 august 52:7 61:23 62:4 ,23 63:7 ,13,22 67:3 72:1 80:20 81:1 85:18,18,18 96:20 112:6 113:23 114:10 119:23 138:19 139:16 ,23 141:16 ,16 160:15 authorization 53:14 availability 111:12 166:12 available 111:6 111:7,11,14,19 113:16 ,18 151:25 153:8 ,15 153:17 166:19 avenue 2:7 aware 16:13 133:20 b b 1:12 3:3 5:15 66:4 68:7 71:2 124:10 134:14 134:15 152:16 152:18 168:17 back 34:11 50:16 54:7 61:17 63:14 66:2,7 72:22 79:11 80:1,8 103:1 ,1,3,4 112:3 ,5,6 116:18 118:14 ,24 124:8 151:2 ,15 152:23 152:23 154:11 160:23 161:1 164:10 backdated 159:5 background 99:3 backlog 33:4 bad 121:23 138:2 bar 147:25 base 54:20 58:8 148:10 ,11 based 25:16,18 31:4,17 32:6 39:13 40:17 ,25 41:3 42:10 47:8 47:14 53:25 54:2 65:11,17 70:18 113:6 167:24 basically 25:25 45:6 51:3 [apologize - basically] Page 4 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 49 of 86 basis 76:16,21 77:7 91:5 97:25 98:14 batteried 79:14 battery 79:2 bear 69:5 beginning 6:11 17:23 66:3 86:4 92:6 107:19 114:4 115:11 122:12 124:9 147:20 167:14 begun 46:16 behalf 2:2,10 6:14,17 14:5,12 believe 10:10 ,19 11:9 53:20 70:10 95:21 ,22 105:16 111:4 125:7 ,11 150:4 162:17 168:9 believed 73:5 77:3 81:11 believes 76:23 beneath 53:3 74:2 best 19:21 62:23 132:25 157:25 beta 127:7,8 130:21 better 83:17 131:1 ,8 132:21 beyond 3:23 75:13 157:5 big 18:24 38:1 147:22 bigger 50:7 83:24 biggest 101:3 billed 24:20 billing 21:17 ,19 21:22 ,24 22:5 ,7 22:11 23:20 93:10 ,11,12 147:24 bishop 4:1 75:23 132:1 ,4 bit 19:12 21:21 51:18 61:1 65:9 black 115:18 ,20 122:7 blah 28:23 ,23,23 28:23 ,23 blank 120:23 blocking 29:17 143:2 blurry 80:19 box 48:1 142:16 break 8:11 ,13 23:8 65:22 66:13 ,17 124:3 124:14 ,21 127:17 breaks 39:3 44:4 briefly 14:3 bring 34:2 58:13 101:6 112:3 118:14 160:21 164:20 168:3 bringing 56:2 152:8 broad 46:3 51:18 broadband 10:17 21:3,12,18 21:20 22:14 23:10,23 24:6 36:7 50:18 ,22 51:2 52:6 57:18 58:1 ,12 59:13 61:25 63:20 64:17,21,24 80:20 81:12,16 82:6 85:6,14,19 86:16,20 87:1,16 88:1 ,11,11,13 89:14,17 90:21 94:10,12,21,24 95:4 ,8,20 96:7 96:15 99:7 108:23 ,24,24 110:15 112:5 ,7 112:16 113:2 114:18 115:22 116:3,21 119:4 119:18 120:10 120:17 121:7 134:19 135:1 ,5,8 136:21 ,22 138:20 139:15 139:24 140:13 140:14 141:8 ,8 141:11 ,19 145:6 148:16 ,21 149:15 ,21 162:21 166:18 broader 147:21 bug 136:8 137:3 137:9 142:21 ,25 143:6,14 145:15 bugs 137:9 138:7 138:14 ,21 built 48:8 bullet 141:8 bullets 62:22 business 21:2,4,5 33:1 87:7 89:14 90:7,9 91:11 152:6 154:10 businesses 21:7 c c 5:1 68:15 ,15,20 69:4,5,8,8,22 83:20 calculate 141:24 calculation 143:9 calculations 32:6 call 8:1 18:24 21:6 22:8 25:8 32:21 41:13 44:17 45:9,12 46:24 66:21 70:5,21 75:8 85:21 90:7,12,24 92:11 102:2 103:18 111:23 127:7 137:9 called 3:5 26:25 32:15 40:3 44:2 45:3 50:8 67:7 67:10 70:10 82:11 84:10 88:25 101:9 103:10 114:13 135:24 147:1 162:11 calling 101:21 134:13 [basis - calling] Page 5 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 50 of 86 calls 9:21 camera 5:8 canceled 110:5 canceling 87:23 carlos 59:15 case 5:21 11:19 12:15 25:11 33:25 40:2 45:7 58:22 69:25 71:7 89:7 129:25 143:24 cases 71:11,14 102:18 catalog 87:4 90:15 ,17,21 categories 42:13 44:4 75:11 categorize 136:13 category 69:8 central 21:23 88:22 certain 14:5 91:3 91:7 96:12 104:19 ,19 105:20 108:12 108:13 111:7 112:11 119:11 139:10 ,11 certificate 171:1 certify 171:7 chance 96:13 change 4:8,11 40:3 41:22 48:15 ,16 62:9 65:5 106:18 ,19 114:12 ,13,16,23 115:1 116:19,20 117:12 120:11 120:15 ,21,22 121:6 ,7,13,16,18 121:24 124:1 129:12 130:25 134:2 156:25 157:9 ,11,16 158:7 ,9,16,25 159:1 ,4,6,8 161:8 changed 60:11 90:22 ,23 106:12 129:11 changes 41:18 73:24 114:12 158:12 170:8,9 changing 33:20 119:3 131:14 characteristics 49:15 77:24 89:4 characterized 51:7 charged 79:14 charger 79:4 charging 79:17 chart 30:19 102:10 ,19 check 120:23 checked 99:15 circle 52:20 53:17 cis 15:5 21:1,13 21:25 22:4,11 23:9,12,16,21 38:3 44:3 47:16 58:9 74:4 city 1:3 2:6,7 5:18 6:14 12:4 13:4 14:22 16:17,24 17:3 19:16 20:10,15 20:21 22:13,21 22:22 25:15,21 26:14,17 27:4,8 27:21 28:2 ,7 30:14 35:14,15 35:23 36:6 39:14,22,24 40:20 45:7 ,20 47:8 ,20 50:23 51:1 56:24 59:22 62:11,11 63:7 66:10 ,10 67:3 68:21 69:25 70:7 75:25 76:12,21 77:4 ,7,16,21 78:16 81:1 ,15,16 82:8 ,25 85:6 ,13 85:18,24 86:15 87:8 ,25 89:13,18 91:3 ,6,11,17,20 91:25 98:2 102:17 105:15 105:19 106:7 107:17 ,22,24 108:16 ,19 110:5 110:13 ,16 111:1 111:16 112:7 ,19 113:1 114:24 115:9,14,21 116:3 117:25 118:23 ,24 121:7 121:19 122:16 122:18 126:15 126:18 128:23 129:22 130:9 131:22 132:18 132:23 133:1 134:8 ,9 135:11 141:10 143:18 143:25 144:1,16 145:15 146:17 148:21 149:15 151:22 159:4,7 160:1 161:23 162:2 ,24 163:3,8 163:13 164:12 164:22 165:20 171:3 city's 15:20 17:13 ,17 25:17 25:24 27:23 76:23 113:6 134:20 civil 1:2 3:2 claim 12:22,23 13:11 claims 5:20 clarification 12:1 27:1 clarified 45:10 99:12 154:18 ,19 clarify 13:3 27:20 48:5 130:11 142:2 146:1 149:13 155:16 clayton 2:14 5:24 clean 8:20 80:12 [calls - clean] Page 6 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 51 of 86 clear 26:5 63:3 89:3 109:17 120:9 clearing 82:3 clearly 91:10 155:4 157:20 clements 78:13 client 22:2,2 23:20 25:10 27:16 33:24 34:1,1 39:1 42:3 45:7,14,15 49:16 51:7,10 52:18 55:20 69:24 75:8 81:25 88:21 89:10 92:13 ,18 93:5 117:6 ,9 122:24 123:10 ,19,20,24 137:17 138:3 139:1 143:23 144:4 ,8,10 150:21 client's 150:24 clients 49:18 72:8 75:18 110:4 ,11 142:15 closed 62:18 78:18 112:23 146:7 156:17,19 closely 41:14 closure 80:24 cns 1:2 5:22 code 24:22 68:5 68:6 126:9 coding 24:21 68:2,5 col 32:14 collins 1:3 2:7,8 5:19 6:15 13:5 14:23 20:4 26:13 30:15 ,15 33:22 ,24 66:11 87:1 90:20 93:1 93:19 97:8 98:18 99:7,24 103:10 113:22 114:1 117:3 ,3,16 117:19 118:2,3 119:14 121:12 127:10 128:13 130:4 ,21 131:6,7 131:8 ,17,18 133:24 134:1 136:6 141:22 147:1 ,3,8,9,10 152:3 ,13 154:10 155:9 ,9,11,18,18 158:8 ,21,24 161:1 162:20 163:22 165:2,4 165:15 166:11 colloquy 168:25 colman 78:9 85:21 colorado 1:1 2:4 2:8,12 3:9 5:21 171:2 ,6,21 columbia 5:4 65:25 66:6 124:6 ,12 168:16 column 30:22 ,23 come 18:10 27:14 52:3 56:12 58:20 113:14 117:18 118:24 142:17 160:21 comes 54:6 93:13 105:9 comfortable 158:20 ,22 coming 99:5 135:16 commencement 171:7 commencing 3:7 comments 57:10 57:23 58:15 122:11 commission 170:16 171:18 commissioned 171:6 commit 117:14 commitment 47:25 86:5 ,11 commitments 81:19,25 97:7 115:9 118:2 committed 77:16 78:10 85:24 86:3 98:1 117:20 138:12 158:22 ,24 162:17 committee 55:11 56:13 116:11 committees 44:22 common 58:9,20 102:2 106:22 107:10 138:6 142:12 communicate 20:1 98:17 122:17 communicated 77:9 102:24 123:19 ,24 134:8 companies 25:11 company 9:13 9:15 27:24 146:22 compare 61:15 107:12 comparison 164:19 complained 86:8 complaint 12:18 13:4,7 complete 97:1 98:8 149:3 completely 71:14 completion 94:12 98:11 141:11 160:21 comply 18:11 81:21 ,23 component 59:20 162:22 composed 25:4 comprised 55:11 comprises 40:17 concepts 93:11 93:12 concern 74:22 concerned 130:16 [clear - concerned] Page 7 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 52 of 86 concerns 56:25 57:5,7,9 74:8,13 74:16 concluded 169:13 concludes 168:17 conclusion 96:6 155:21 conduct 126:3,6 165:20 conducted 5:7 5:23 35:15 confident 84:16 configurating 39:24 configuration 19:5 31:1 88:18 90:3,11,12 92:13 92:15 ,18 93:7 102:6 108:3 ,8,8 165:12 configure 88:16 91:13 92:14 93:13 118:7 configured 87:10 88:12 89:1 configuring 137:21 confirm 83:13 110:2 confuse 101:23 confused 84:4 confusing 13:19 61:18 connected 171:15 connecting 49:14 connection 5:9 48:6,22 connections 74:2 connectors 48:9 48:10 consent 7:5 consider 88:10 88:14 consideration 38:9 40:2 ,8 41:7 47:14 51:9,12 57:22 62:23 110:8 155:7 160:19 considerations 76:17 considered 54:25 constantly 33:20 constitutes 170:5 construction 32:24 consume 49:8 contained 97:7 contemplates 157:20 content 42:5 context 19:2 40:7 132:12 135:21 163:20 continually 119:3 142:23 continue 5:12 32:4 133:9 144:9 continued 104:2 continues 129:8 129:19 continuing 131:11 continuous 97:18 contract 62:16 62:25 65:15 112:9 166:22 contracted 87:13 contractual 63:9 152:10 ,11 contradict 58:18 contreras 9:16 9:21 ,24 10:20,20 12:2 132:6 ,7 control 29:12 36:18,22 117:12 120:22 121:13 121:16 ,18,24 158:8,16,25 159:2 161:8 controls 158:9 controversy 171:9 convenient 106:15 conversation 78:12 conversations 27:25 copy 12:9 core 21:22 24:21 25:1 ,3,7,14 corporate 9:5 14:5 140:5 correct 8:15 15:25 20:6 21:20 22:17 23:17 ,21 24:6 31:24 33:12 35:16 ,19,24 42:10 50:25 54:2 67:4,12,17 67:22 70:15 ,16 72:3 75:21,23 79:22 80:21 81:7 83:3 85:8,9 85:11 ,15 88:5,7 89:15 94:25 104:5 ,10 105:24 106:7 108:17 114:13 120:12 120:14 ,18 122:13 ,15 125:25 128:23 134:10 135:3 149:23 150:9,13 151:13 153:18 158:18 159:18 163:1 ,15 164:14 164:24 167:19 171:13 correcting 132:9 correctly 47:17 109:20 114:22 correspond 106:25 corresponding 153:9 cost 3:19 37:3,9 37:22 38:17 42:16 43:4,11,13 43:16 ,17 44:3 [concerns - cost] Page 8 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 53 of 86 45:2 47:19 53:25 54:1 59:20 60:1,8 64:13 68:16 ,20 69:6,24 105:7 122:1 costs 16:2 35:24 38:13 44:9,12 138:2 counsel 5:18 6:9 6:22,24 7:5,8 13:21 65:2 66:14 123:25 124:15 171:15 171:16 counterclaim 1:4,7 3:5 13:7 13:12 counterclaima... 6:18 counterclaims 12:18 13:15 county 171:3 couple 9:20 10:17 26:1 122:11 145:18 151:2 course 104:15 129:21 court 1:1 5:21 6:1 12:19 ,20,20 12:22 169:10 cover 23:21 63:15 78:5 103:4 ,15 127:25 159:11 ,16 covered 69:24 99:16 155:4 covering 45:17 covers 25:3 create 106:15 created 74:10 134:3 146:25 criteria 133:7 136:17 critical 82:13 cross 32:9 119:6 121:2 current 21:5 22:13 24:7 30:19 31:2,5 34:23 35:9 39:13 78:13 currently 21:14 cushion 151:9 customer 21:25 34:15 ,19 71:25 72:2 cv 1:2 5:22 d d 3:11 5:1 data 25:5 89:23 90:11 ,14 date 30:3 36:4 62:23 63:8,20,23 91:3,7 93:20 94:22 ,23 95:23 103:22 105:21 106:6 ,9,9,10,10 106:13 ,19 107:2 107:23 ,25 108:13 111:4,4,8 111:13 112:21 112:24 ,25 113:3 113:7 ,19,23 114:24 115:15 115:22 116:6 117:7,8,23 119:1 120:10 ,17 121:25 126:13 128:7 135:3 140:21 141:11 141:16 150:1 151:12 157:2 158:4,4,22 dated 159:4 160:3 164:6 dates 62:9 65:17 106:16 107:3 ,15 125:16 160:24 day 92:21 170:15 de 155:10 ,11 deadline 101:1 112:1 114:17 deadlines 100:24 112:1 117:15 deals 53:17 december 26:20 97:9 125:15 131:25 164:7 165:6 decide 131:21 decided 132:16 156:15 ,16 decision 119:4 119:17 ,18 165:20 decisions 157:20 declares 7:3 dedicated 44:11 77:17 dedicating 166:19 defendant 1:4,7 1:10 3:6 defendants 2:10 6:17 defer 49:18 define 51:7 90:21 91:11 92:14 93:11 101:12 ,15 105:6 107:5 115:2 120:19 121:14 137:3 defined 38:13,15 82:14 84:15 85:1 86:25 90:4 90:14 ,15,22 92:12 93:19 102:4 ,5 105:5 ,9 106:10 120:1 130:23 138:3 141:20 defining 102:14 definitely 26:24 42:17 57:24 73:19 84:8 89:19 108:9 ,10 113:4 ,13 114:2 121:15 ,15 129:7 129:24 definition 48:6 87:17 ,20,20 90:5 90:7,9 92:22 101:22 ,23 127:1 139:9 definitions 85:7 85:14 ,19 86:16 [cost - definitions] Page 9 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 54 of 86 86:20 ,24 87:7 89:15 ,21,22 90:25 91:1,2,7 91:21 ,22 92:1 93:7 94:12,17,21 94:24 95:5,8,10 95:16 ,20 113:10 113:11 114:8 117:21 118:5,6 definitive 139:3 delay 94:11 delayed 96:13 105:16 113:11 117:10 delays 86:14 deliver 48:11 85:24 86:15 89:18 91:3,6,21 91:25 98:20 ,23 99:22 106:7 107:18 ,23,24 108:16 ,19 110:14 ,15,16 111:1 112:19 118:3 127:2 144:24 145:4 147:14 161:22 162:1 ,20,24 deliverables 106:1 delivered 31:7 85:19 86:21 ,21 89:14 90:5 95:5 95:11 ,12 97:8,11 97:15 ,25 98:6,7 98:12 ,12,14 99:10 ,14,21 100:7 ,8,9,13 118:4 139:3 140:12 ,15,20 141:9 ,21,25 142:4 ,13 143:8 144:20 145:23 146:11 147:4 149:18 delivering 113:1 146:16 delivery 108:11 113:6 demand 81:19 demanded 95:17 demo 28:1 35:15 demonstration 35:15 dennis 2:14 5:24 164:25 denver 2:4,12 171:3 depend 49:15 117:5 depended 96:10 dependencies 102:12 103:21 depending 55:7 71:7 129:12 depends 5:8 63:8 71:3 98:10 117:5 136:3 deploy 32:3 91:12 118:10 130:25 deployed 89:2 deploying 147:12 deponent 6:24 7:1 23:1 78:25 79:4 125:19 168:12 170:1 deposed 11:16 11:19 deposition 1:12 3:3 5:6,16,22 6:23 ,25 8:1,5,5 9:10 10:8,23 11:6 ,14,20,22,23 13:23 14:1 ,8,12 14:20 15:14 66:4 124:10 133:16 169:12 170:2,5,8,9 171:1,10 deputy 2:6 described 55:23 84:12 102:16 103:16 106:1 descriptions 47:19 designated 5:17 14:15 66:5 76:25 124:11 140:6 157:8,21 168:18 designates 82:21 designee 9:5 detail 3:19 35:4 47:17 73:16 detailed 78:20 93:3 ,9 details 73:23 101:12 determin 31:3 determine 29:19 50:21,25 107:14 141:14 167:24 determined 156:15 determines 143:21 develop 26:8 59:2,13 68:3 75:15 103:25 developed 32:13 32:23 39:20 41:6 67:23 70:25 71:9,15 126:14 127:13 developing 54:4 72:2,16,19,23 development 30:12 33:2,18 39:17 40:15 68:2,8,9 71:21 72:20 126:11 developments 30:25 32:16 ,17 33:8,11 34:7 41:7 deviation 112:23 diagram 102:11 diego 1:12 3:4 5:17 7:13,24 66:5 124:11 132:5 151:2 153:7 ,9 168:19 170:1 ,11 difference 42:5 different 8:2 17:25 19:3 25:6 25:12 ,12,13 31:14 33:23 43:7 48:1 49:4 49:18 51:3,4,4 [definitions - different] Page 10 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 55 of 86 55:3,12 59:6,8 71:2 87:4 88:9 97:11 99:19 106:1 ,3 118:22 126:11 129:15 130:20 154:11 164:3 ,4 differently 91:15 152:14 difficult 8:18 19:19 30:3 33:17 45:25 63:4 96:11 111:18 difficulties 8:19 direction 55:13 55:13 ,14 directly 42:8 52:17 107:1 directors 55:11 disagree 157:22 disagreed 157:24 discuss 57:6 discussed 27:1,3 77:15 ,15 134:18 136:18 158:14 161:9 discussing 105:19 135:11 161:14 discussion 3:22 61:11 74:25 79:10 80:7 158:2 160:16 discussions 9:12 19:7 27:7 65:11 77:11 ,18 78:8 96:1 99:8 152:14 156:18 160:10 disposal 24:3 dispute 166:22 district 1:1,1 5:20,21 doable 51:15 document 10:6 12:22 ,24 13:2 ,6 13:11 29:5,13 32:7 36:16 51:2 53:1 76:10 77:10 82:5,9 83:24 84:12 92:24 93:21 100:23 ,23 101:10 102:3 103:17 104:3,9 105:14 106:9,17 111:24 112:23 119:17 127:22 129:6 ,15,15,17 129:21 ,22 133:13 140:22 141:6 144:23 146:25 152:21 159:14 167:2 documentation 82:13 documents 10:3 10:21 ,22,24 11:5 12:19 ,20 13:1 15:24 63:9 66:16 82:6 85:7 85:14 ,20,25 86:16 101:14 102:23 105:1 106:20 ,22 124:20 125:2 127:1,17 doing 24:12 57:7 81:24 93:18 108:7 109:19 110:2,3 121:10 128:23 163:4 ,10 163:18 164:19 166:8 dorsey 2:3 6:14 dorsey.com 2:5 doubt 19:7 doubting 84:8 doubts 10:18 18:2 ,14,14 19:1 20:2 download 133:23 downstream 90:8 dr 151:22 draft 161:7 drawing 53:2 dreams 3:23 driver 43:15 dropped 80:3 due 101:19 duly 7:14 171:8 duration 18:9 43:16 103:23 duval 2:6 5:2 37:17,19 66:10 dwayne 16:12 75:23 129:25 133:18 ,19 dynamic 129:13 e e 2:11 3:11 5:1,1 134:14 ,15 earlier 25:22 43:9 44:5 53:21 54:1 60:8 64:8 79:20 83:6 99:1 103:17 105:15 105:19 124:23 125:5 ,11,24 129:14 134:17 137:6 150:10 156:5 early 9:19 11:12 21:9 113:9 115:5 ,7,7 131:2 131:3 135:12 149:18 easier 64:12 easily 49:8 107:4 economic 33:18 edith 16:12 18:21 58:22 effort 38:8 49:11 49:12 117:6 146:19 ,21,24 efforts 44:18 48:17 either 42:3 90:21 102:16 105:11 126:25 130:19 137:20 elicits 142:12 email 2:5,9,13 3:16,17,18,21 4:1,3,6,14 29:25 37:23 49:24 50:16 60:24 [different - email] Page 11 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 56 of 86 61:2 63:15 103:4 ,15 127:25 153:5 154:1 ,16 159:16 emails 4:6 11:1,2 133:15 154:2 ended 114:9 125:15 145:24 155:25 158:6 ends 145:20 energy 24:4 enter 48:11 entered 28:8 67:4 150:18 ,20 162:15 entering 37:17 enters 12:25 entire 55:24 64:14 104:15 entities 88:15 environment 52:17 53:11 82:14 85:1 107:18 ,24 108:12 ,17,19 109:9 ,12,13,16 109:17 110:6,9 111:10 112:7,13 112:20 113:2,7 environments 52:16 63:10 105:17 ,20 106:4 110:15 147:11 error 136:8 137:13 ,25 142:14 143:22 errors 142:11 esq 2:2,6,11 establish 51:22 90:10 101:7 established 82:11 92:15 establishes 54:10 estimate 38:7 39:12 41:3 42:9 42:16 43:4,15 46:1 47:13 48:14 51:17 ,24 54:19 59:21 ,23 60:11 63:25 64:3 65:9 68:16 estimated 32:18 34:13 38:5,10 45:22 75:6,6 141:10 estimates 38:16 44:19 116:25 estimating 40:24 46:4 62:20 64:13 ,16 73:6 estimation 41:21 42:21 46:5 51:20 event 129:13 eventually 22:5 27:14 86:12 89:3 96:19 99:8 113:11 122:20 122:21 155:1 158:6 166:21 everyone's 66:20 evolving 129:19 129:21 exact 116:6 129:23 137:1 exactly 22:24 23:3 ,3,16 26:22 26:23 28:14,15 28:17,21,25 34:6 35:11 36:4 38:23 60:14 77:10 84:9 92:4 92:7 107:16 ,25 108:4 112:24 ,25 113:19 ,25 116:16 120:3 139:19 ,20 143:2 147:17 ,19 154:23 158:1 examination 3:5 3:12 7:16 171:8 examined 7:14 example 17:1 18:16 33:21 42:2 ,6 48:20 ,20 52:24 53:11 59:14 62:16,16 87:25 92:8 93:11 102:3,18 123:4,5 130:10 130:10 ,12 137:12 154:22 161:1 exceeded 105:25 excel 30:17 34:8 37:12 101:11 102:6 134:1 exchange 20:1 excuse 14:17 17:10 19:14 22:21 32:15 46:15 70:21 76:12 79:24 83:3 135:6 139:16 159:22 162:15 execute 109:23 136:10 137:15 147:11 executed 47:6,8 52:3 56:6 167:10 executing 99:5 101:6 executive 119:18 executives 28:3 exhibit 3:16,17 3:19,20,21,22,23 4:1,2,3,5,6,8,9 4:11,12,14,15,16 29:5 36:10 37:8 50:1 60:19 61:5 61:22 63:15 69:12 ,13 80:1,14 83:20 84:4,7,9 84:10 91:6 93:22 103:11 127:20 141:1 153:13 162:13 169:9 exhibits 3:15 4:10 103:1 127:18 159:11 existing 157:11 expand 39:19 expected 16:2 44:14 45:23 expecting 73:19 73:25 [email - expecting] Page 12 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 57 of 86 expenses 38:15 44:6,7 experience 17:7 17:8 56:7 58:10 58:12 59:17 77:24 expert 43:20,22 57:4 experts 44:1 54:21 56:4,11 expires 170:16 171:18 explain 114:25 115:17 ,17 144:12 145:2 explained 77:13 81:19 151:6 explaining 13:19 18:21 118:16 explains 13:6 explicitly 104:16 express 74:8,16 extended 150:12 extensive 77:11 external 48:11 48:19 73:22 76:22 77:2 88:15 extra 47:20,22 47:22 f face 106:25 factor 54:8 128:16 ,16 factory 138:1 fair 15:3,16 32:10 43:19 ,21 53:15 57:3,12 75:12 124:17 129:16 ,18 148:2 153:22 fairly 128:4 familiar 14:14 161:11 far 30:23 fc 128:1 fcgov.com 2:9 feasible 81:11 82:2,2 february 47:5 52:20 98:3 100:8 149:19 165:14 feedback 17:20 17:21 ,24 54:25 55:3,8 56:12,16 57:14 133:8 feel 36:15 51:15 131:17 154:12 158:20 feels 151:6 felipe 1:12 3:4 7:13,24 170:1 ,11 field 22:9 file 48:23 ,23,24 49:3,6,6 102:7 134:1 filed 5:20 12:15 13:4 fill 161:13 final 55:16 56:12 167:4 ,9 finally 97:25 107:1 116:25 financially 6:4 find 89:4 107:3 109:21 111:5 137:21 138:7 154:2 findings 99:6 finish 8:21 43:14 103:22 121:21 166:8,12,15,17 finished 163:18 164:23 165:13 166:11 firm 5:25 6:2 first 7:14 12:5 26:19 27:16,17 27:22 29:23 30:2 ,19,22 31:2 37:22 38:6 44:10 46:22 50:6 54:19 62:21 63:20 82:10 90:8 96:2 96:24 105:4 111:9,12 112:4 112:19 121:14 128:6 129:3 130:12 ,14 133:17 141:7 150:5,9,12,22,23 155:24 156:2 ,3 158:19 161:6 162:19 ,19 164:16 fit 44:23 45:4,21 47:3 five 53:16 64:17 64:18 65:4 79:2 113:21 123:25 fix 137:25 138:1 143:5 ,8 166:3 fixed 139:3 fixes 98:15 flat 48:23 ,23 49:2,3,6,6 flavor 25:9 flip 23:13 ,16 132:9 flow 91:15 focus 44:8 following 168:25 follows 7:15 foregoing 169:12 170:3 171:13 forever 98:16 forgot 36:21 124:24 form 16:18 19:18 20:11 ,17 20:24 22:18 23:11 ,18 24:14 28:13 31:25 33:13 35:1 41:2 43:6 46:8 48:4 56:19 57:2 60:12 63:21 64:22 67:18 ,25 68:10 ,17 72:4,11 73:4,15 74:11 ,20 76:9,14 81:8 88:4 95:2 97:4 97:13 98:9 104:12 114:19 115:16 ,24 116:5 116:15 ,23 125:8 125:13 134:24 [expenses - form] Page 13 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 58 of 86 136:2 137:10 140:17 ,24 146:13 147:18 148:9 149:16 152:1 153:20 157:4 165:23 171:12 formal 102:4 144:8 formalize 111:24 formally 25:20 119:2 150:6 ,7 format 49:3,6 formats 39:1 former 141:1 formerly 69:12 162:13 forming 53:20 formulate 160:19 fort 1:3 2:7,8 5:19 6:15 13:4 14:22 20:4 26:13 30:14 ,15 33:22 ,23 66:11 87:1 90:19 93:1 93:19 97:8 98:18 99:7,24 103:10 113:22 114:1 117:2 ,3,16 117:19 118:2,2 119:13 121:12 127:10 128:13 130:4 ,21 131:6,7 131:8 ,17,18 133:24 134:1 136:5 141:22 147:1 ,3,8,9,9 152:3 ,13 154:9 155:8 ,9,11,17,18 158:8 ,21,24 161:1 162:20 163:22 165:2,4 165:15 166:11 forth 61:17 88:16 101:18 128:20 151:15 160:23 161:1 forward 133:9 found 111:18 four 151:8 frame 27:19 28:5 39:9 47:5 156:24 fray 150:20 151:22 free 36:15 frequently 90:23 front 125:2 fulfill 45:19 47:24 121:21 127:11 154:20 154:21 fulfilled 81:25 107:5 153:5 fulfilling 10:13 55:17 136:7 154:13 full 7:23 87:6 97:12 ,14 fully 41:6 89:14 functional 29:24 41:14 54:23 70:2,10 72:21 73:1,11 74:7,17 78:3 83:18,20 89:22 98:25 99:9 127:9 141:18 148:11 155:25 163:1 ,5 163:10 ,15,18,21 164:13 ,23 165:2 165:7,16,19,21 166:5,8 functionalities 29:20 30:20 31:2 ,5,19,23 32:11 33:10 34:23 35:6 41:8 67:11 70:3 ,21 71:24 74:9 ,17 85:5 98:24 99:20 100:14 126:9 135:7 142:4 146:17 147:16 ,20,21 148:7 149:15 151:24 153:17 161:23 162:2 functionality 30:13 35:6 ,9 67:14,16 68:8,15 69:4 ,6 70:6,23 89:11 134:22 135:24 136:1 140:21 141:9 142:14 ,14,17,20 143:4 148:1,16 148:17 ,21 149:3 153:8,15 future 26:15 27:21 28:19 30:24 32:15,17 33:6 ,8,11,25 34:7 41:7 g g 5:1 67:12 gantt 102:10 ,19 gap 44:23 45:4 45:11 ,21 47:3 gas 24:4 gate 48:21 gates 48:10,16 gaviria 1:12 3:4 7:13,24 170:1 ,11 general 9:9 11:13 16:5 38:17 42:13 51:18 128:6 148:18 generated 101:10 generates 48:24 getting 150:19 giovani 59:14 give 25:5 40:7 54:13 ,16,24,24 55:8 58:2 62:22 79:2 96:19 114:20 116:7 154:22 161:10 163:20 given 7:4 10:16 168:18 gives 103:24 go 5:13 10:16 14:18 18:19 19:11 22:4 29:14 34:11 36:7,9,23 37:21 37:25 44:2 [form - go] Page 14 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 59 of 86 47:16 49:23 50:18 ,22 51:1 52:4,6,6 54:4 60:18 ,25 62:1 63:14 ,16,20 64:2 64:5 65:17,21 66:19 79:4,7 80:4,20,23 81:12 81:17 85:2 88:11 92:19 94:9 95:15,16,22 96:9 108:23 110:3 ,3,3 112:6 113:3 ,7,23 114:17 ,24 115:15 ,22 116:3 116:21 117:1 119:1 ,15,19,23 120:10 ,17 121:7 121:8 ,15 124:3 134:19 ,23 135:1 135:5 136:20 138:1 ,20 140:21 141:11 ,15 142:23 ,24 145:8 145:23 146:21 147:1 149:1 150:1 152:21 153:12 ,25 156:6 156:7 ,9,10,19,23 157:1 ,3,16 158:3 158:20 160:12 160:17 161:20 164:5 166:25 167:6 168:14 169:4 goes 38:16 64:10 75:13 128:5 ,19 going 5:4 8:5,6 14:11 ,19 15:18 16:16 22:8,9,16 26:15 28:19 29:4,6,8,18 30:8 32:18 36:4 37:2 37:24 38:18 40:8 41:4 ,8,18 41:19 ,21 42:2 ,18 42:20 ,24,25 43:5 46:23 47:19 49:23 ,25 51:11 55:8 60:23 61:4 62:14 64:4 65:10 ,23 69:5 ,5 71:4,15,21 72:10 73:2,12,13,24 74:1 75:3 78:5 78:16 79:1,8 80:1,5,13 84:20 85:2 87:8 91:12 93:21 ,24 95:4 96:13 ,19 98:18 102:25 103:9,25 104:1 105:5 ,6 112:1 ,5 114:2 ,9 115:2 ,6 116:18 116:22 ,25 117:3 117:8 ,14 118:11 118:25 119:5,17 120:2 ,6,11 121:14 ,17,21,25 122:3 ,3 124:4 127:1 ,11,16,17 127:18 ,25 130:25 131:5,9 132:8 135:16 146:10 ,15 147:4 151:3,17,18 156:6 157:2,3,18 159:23 ,25 160:8 162:17 164:13 164:22 166:25 168:15 good 5:3 6:13 7:18 ,19 33:1 65:7 79:16 133:9 grade 148:18 ,19 graded 67:15 68:7 ,14,15,20 69:4 ,5 71:2 74:19 98:24 99:21 100:15 grades 67:11 grading 67:10 70:3 ,7 74:14 graph 53:2 great 14:25 66:19 79:18 green 53:17 group 13:1 54:5 groups 38:20 guarantee 129:23 guess 15:24 44:15 46:11,16 52:24 53:9 100:23 126:17 150:8 156:14 158:25 guidance 10:3 guts 74:3 guys 117:13 h handle 155:23 happen 22:6 46:18 115:25 116:4 ,22 120:11 121:17 151:18 happened 46:19 80:11 98:22 110:1 123:20 125:11 ,14 137:14 152:2 153:24 154:3 happening 35:8 109:22 happens 58:18 86:11 ,13 88:20 89:8 123:11 ,17 137:17 ,19 144:13 151:10 happy 69:10 hard 139:8 hart 2:11 6:17 head 8:9 125:19 headphone 79:1 health 66:21 hear 58:4,14 heard 5:10 77:1 hearing 57:22 held 77:19 help 9:25 21:12 33:25 52:8 69:7 101:13 120:7 131:18 helped 42:21 59:13 helping 59:2 hernando 9:16 [go - hernando] Page 15 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 60 of 86 hey 33:3 117:3 117:13 hi 153:7 high 46:5,11 95:24 119:12 128:19 hire 76:22 hiring 76:23 holland 2:11 6:17 hollandhart.com 2:13 homogenous 22:22 honest 26:23 hopefully 59:9 152:21 hotels 38:17 hour 145:17 hours 38:10 39:4 39:5,12,18,21,22 40:16 ,22,24 42:2 42:9,9,24,25 44:12 ,15 45:22 49:5 145:18 166:20 167:9,10 167:14 ,19 169:14 house 22:9 houses 22:9 huh 8:9 huhs 8:9 i idea 16:20 54:16 54:17 identified 82:6 103:15 105:19 107:12 115:6 122:15 ,18 128:12 ,22 130:13 136:22 145:8 identifies 84:1 100:24 identify 45:11 102:16 104:4,16 115:1 138:24 images 126:17 imagine 124:17 124:18 immediate 34:1 impact 41:20 113:2 115:1 116:25 122:4 123:12 ,14,14 128:16 129:11 143:16 ,20,22 impacting 143:6 implement 38:10 39:19 40:9,23 41:4 64:16 86:20 implementation 4:9 10:17 16:22 38:11 39:4,9,16 40:15 ,17,21 41:1 41:9,23,25 42:9 44:5,9,10 57:18 58:9 61:15 62:22 64:23 65:16 84:14 ,15 94:11 156:3 implementations 38:4 implemented 58:1 130:24 139:2,23 implementing 40:22 59:16,18 64:20 implied 104:25 implies 90:7 104:6,8 imply 90:2 implying 144:7 important 51:16 90:17 109:22 142:25 impossible 63:3 106:8 improbable 117:4 improvement 97:18 inactions 134:20 inaudible 12:7 19:8 32:9 37:15 40:13 97:3 119:6 121:2 123:12 136:23 incident 137:3 145:15 include 34:5,14 34:18 41:20 56:5 ,10 97:23 141:25 145:1 included 15:23 16:2 18:23 34:9 49:11 51:11 67:6 68:16 72:17 89:24 97:24,24 141:18 142:5 143:9 includes 40:20 54:22 82:24 106:6 including 6:9 8:19 15:25 39:21 47:2 64:17 76:17 106:4 incorporated 74:7 increased 65:9 incurred 104:25 indicate 7:8 indicators 54:15 individual 59:3 individually 160:1 individuals 54:4 75:12 industries 55:6 industry 25:2,8 33:1 45:4 informally 150:12 information 9:13 29:20 35:3 48:11 ,12,24 51:14 82:12 89:23 91:13 93:13 102:19 105:1 ,12 119:13 129:12 133:9 150:15 156:1 168:3 infrastructure 63:10 [hey - infrastructure] Page 16 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 61 of 86 initial 19:3 20:9 45:14 46:24 68:25 111:3 initially 16:19 154:18 ,20 156:16 initiate 62:13 63:23 initiation 50:14 61:19 80:19 innovation 3:23 input 41:19 42:15 43:15 53:22 54:14 90:17 122:24 inputs 18:7 51:4 75:14 install 22:10 46:22 131:9 installed 130:16 installer 130:19 131:2 ,2,11 instance 12:18 35:24 42:19 107:13 110:4 instances 19:24 instructed 93:16 integrate 21:4 49:17 integrated 22:17 22:22 23:5 integrates 38:22 integration 31:1 73:20 74:2 155:5 integrations 17:2,3 42:23 48:13 ,14 51:11 interact 88:17 interacting 88:19 interaction 22:2 interchangeably 83:15 interested 6:4 171:17 interface 47:16 47:18 interfaces 48:6 internal 38:23 59:3,4 76:23 90:20 123:1 129:1 internally 123:7 132:19 international 1:6 1:13 2:10 3:4 5:16,19 6:18 66:4 124:10 168:18 international's 9:6 internet 5:8 8:18 88:25 109:1 interpret 20:13 20:15 interpretation 19:21 interpreted 97:15 interrogatories 10:2 11:25 12:2 12:3 interrogatory 12:12 investments 1:9 2:10 6:19 involved 17:11 17:14,16 18:5 43:1 ,17 55:22,24 involvement 38:12 ip 24:9 88:25 irrelevant 39:15 130:21 issue 58:22 78:12 86:13 118:13 133:5 136:1 137:14 144:15 146:7 152:7 157:20 issues 136:22 137:7 162:21 item 149:17 items 93:12 j j 2:2 jairo 9:16 ,19,21 january 25:20 47:5 52:20 53:4 80:24 94:23,25 95:5 ,12,19 96:21 96:23,25 97:12 97:20,22 100:1 ,4 114:5 115:21 125:7,12,15 149:19 151:23 153:16 jduval 2:9 job 102:7 john 2:6 joined 66:11 joint 38:8 146:19 146:21 ,24 juan 9:16,19,22 10:11 july 30:7,7 50:14 61:20 62:8,14 63:3,18 65:12 85:10 ,11,15 119:9 ,22 jump 14:18 june 50:17,23 56:24 60:3 61:19 62:1,8 63:20 64:2 80:21 81:12 86:24 94:22 95:5,23 112:4 113:3 ,7,15,23 114:3 ,18,24 115:11 ,12,14,23 116:1 ,4,21 118:25 119:5,9 119:22 120:10 121:9 134:19 ,22 134:25 135:2,6 136:20 138:16 139:19 ,19 150:13 151:13 151:14 ,19 156:6 156:7 ,9,11 157:2 157:3 ,16 158:4 158:15 ,21 171:18 k keane 85:22 [initial - keane] Page 17 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 62 of 86 keep 70:22 115:7 120:8 132:22 keeps 30:24 key 51:20 kimberly 3:8 6:1 171:4 ,20 kind 18:25 20:21 29:9 36:7 46:20 58:6,21 96:1 137:21 140:3 155:15 161:6 kinds 136:4 knew 41:18 42:19 58:5,11 114:17 116:21 121:8 ,21 155:11 157:17 159:23 know 7:20 8:11 8:17 12:5,21,25 13:10 14:9 15:11 19:11 21:15 23:2,9 27:2 28:11,16,24 28:25 30:1,6,10 31:12 32:25 34:8 35:5,11 36:2 41:14,17 49:20 51:5 52:12 57:16 ,22 59:21 62:15 71:10 ,12,12 73:25 79:19 80:11 83:23 84:6,9 88:17,23 90:25 91:14 92:17 99:4 101:17 ,19 104:8 113:5 116:14 117:16 119:23 121:13 ,16 128:18 130:14 130:15 132:12 133:1 ,14 134:18 135:15 ,19,19 137:13 140:8 147:24 153:10 154:9 ,23 155:20 155:21 157:10 157:13 knowing 154:9 157:2 knowledge 90:18 150:15 known 151:4 knows 45:4 54:24 55:6 122:1 l landlines 24:8 language 154:3 laporte 2:7 large 128:4 late 19:12 35:18 47:4 53:5 87:12 119:22 135:12 152:4 ,8 160:15 launch 61:22 63:19 89:5 98:18 lawyers 9:11 layers 25:13 leading 65:1 leads 43:8 leave 151:8 led 56:6 ledger 25:2,2,8,9 left 52:10 53:17 127:16 132:4 133:2 166:24 legal 5:25 6:2 166:22 168:21 legalese 13:18 letter 30:15 67:11,15 71:22 72:21,25 148:5 level 46:12 135:19 ,20,20,25 136:13 138:12 levels 75:17 96:17 liana 130:12 licenses 38:13 licensing 44:5 lieu 7:2 likes 37:12 line 34:6 70:5 ,22 141:7 153:4 lines 105:3 lisa 161:15 list 47:18 70:6,9 131:15 153:8 ,14 154:15 162:12 162:21 listed 69:1 listening 57:22 little 14:4 19:11 21:21 37:12 44:21 50:7 ,8 51:18 52:23 59:9 60:25 61:18 65:9 79:17 80:19 83:24 99:2 147:23 152:21 live 10:16 19:11 36:7 50:18,22 51:1 52:4,6,6 62:1 63:20 64:2 65:17 80:20 ,23 81:12 ,17 88:11 95:15 ,16,22 96:19 110:3 ,3,3 112:1 ,5 113:3 ,7 113:23 114:10 114:17 ,24 115:15 ,22 116:3 116:21 117:1 119:1 ,5,15,17,19 120:2 ,10,17 121:7 ,8,15 134:19 ,23 135:1 135:5 136:20 138:20 139:15 139:24 140:14 140:21 141:11 141:15 142:23 142:24 145:8,23 146:21 147:1 149:1 ,21 150:1 151:7 156:6 ,7,9 156:10 ,19,23 157:1 ,3,16 158:3 158:20 160:9,12 160:17 161:20 living 129:8 ,15 129:17 ,22 133:13 llc 1:6,9,13 2:10 2:10 3:4 5:19 [keep - llc] Page 18 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 63 of 86 llp 2:3,11 log 133:11 134:2 136:4 137:3 ,22 145:15 ,16,17 logged 133:4 134:7 135:11 136:17 138:23 145:19 152:3 168:3 logging 137:18 logical 91:15 logs 137:18 168:2 long 28:5 83:23 166:21 longer 37:12 look 12:14 29:13 35:3 36:15 44:6 50:16 54:7 66:16 93:10 96:3 108:5 123:20 124:20 128:7 144:11,12 152:4 155:9 ,18 looked 37:23 60:1 61:16 64:8 83:6 98:25 107:14 149:25 looking 19:6,16 20:10 ,22 21:1,4 21:8 27:15 30:3 44:5 55:2 77:22 77:23 78:16 ,19 78:19 107:6 ,7 112:14 133:12 135:14 155:18 looks 30:11 44:3 52:19 64:9 80:2 lopez 1:12 3:4 4:1,3,6 5:17 7:13,18,24 8:1 9:1 14:17 29:8 36:12 37:11 50:3 59:9 61:9 66:5,8,12,25 69:3,15 72:12 ,22 76:15 77:6 79:13 80:10 91:16 94:1 97:5 100:18 103:6 104:7 114:22 115:19 116:12 118:9 ,11,18 120:6 122:10 124:11 ,13,24 127:21 132:5 140:4 149:20 152:17 153:1 157:5 ,25 159:13 164:2 168:10 ,19 170:1 ,11 lora 59:15 lori 78:9 ,12 129:25 lose 123:7 losing 93:23 lot 10:24 11:4 13:17 14:2 17:7 21:9 24:3 44:6 49:2 58:4 ,4,10 90:8 100:8 119:25 122:23 155:14 ,16 loud 125:21 low 128:19 ,19 m main 43:14 major 38:20 41:18 46:2 101:2 majority 26:11 89:9 making 46:3 73:13 160:11 161:5 manage 87:8 ,9 105:5 134:3 managed 113:18 management 4:9 22:1 44:11 92:25 133:6,7 154:4,5,6,7 manager 10:14 44:18,20 75:22 76:1 ,13,22,24 77:5 ,8,17 78:6 78:10,21 131:24 132:4,11 133:23 managers 55:4 ,5 56:5 59:7 113:19 132:15 132:16 ,22 mandatory 38:4 manner 7:6 maral 2:2 6:13 7:11 ,19 78:23,25 78:25 80:3 118:15 168:12 march 30:4 ,4,5,9 30:10 31:9 32:19 98:3 100:2,5,11,12 132:11 150:5 ,13 150:16 ,24 151:1 151:11 ,14,19,21 156:6 ,18,18 157:1 ,17 158:4 158:13 ,21 mark 29:5 50:1 60:18 61:5 71:1 71:4,6,9 marked 4:10 71:12 128:2 market 17:8 24:10 27:13 31:7 87:17 marketing 33:1 33:2 markets 45:15 45:19 massively 24:10 master 4:12 66:21 82:17 84:4,17,20,20 101:3 105:1 ,2,9 105:12 106:2,16 135:21 138:13 143:2 ,12,13 materializes 123:16 math 167:19 matrix 3:19 29:24 37:4,9,22 54:1 60:1,8 67:10 70:2,10 72:21 73:2,11 74:7,18 75:8,9 78:3 82:21 83:21 92:11 98:25 99:9 141:18 148:11 [llp - matrix] Page 19 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 64 of 86 156:1 163:1 ,5,10 163:15 ,19,21 164:14 ,24 165:2 165:5 ,7,16,19,21 166:5 ,9,12,15 matter 5:18 7:3 54:21 56:4,11 matters 171:9 mean 13:3 15:7 52:9,14 56:20 68:4,5 75:5 91:4 100:4 ,25 122:21 136:8 142:11,17 146:14 155:11 means 31:6 70:15 83:12 meant 67:15 68:7 139:10 measured 93:2 mechanism 91:8 127:14 130:20 131:5 133:25 134:2 media 5:15 65:5 65:24 66:3 124:1 ,5,9 168:20 meet 95:22 118:25 151:3 meeting 37:17 56:25 meetings 9:11 19:23 ,25 27:1 41:12 126:6 161:14 meh 1:2 5:22 members 123:7 memorandums 11:1,2 memory 60:17 69:9 162:13 mental 66:20 mentioned 10:19 11:9 12:1 14:3 18:13 22:13 23:9 42:12 45:24 53:21 59:20 84:25 100:19 101:17 105:15 137:5 149:22 150:10 mentions 144:19 mercado 4:4 153:5 ,18 merely 117:5 131:19 161:10 met 96:18 metaphor 48:21 meter 22:10 methodology 18:2 45:2 ,3 77:13 78:4 92:12 106:2 114:11 metrics 54:15 michelle 150:20 150:25 158:14 160:23 middle 44:8 48:17 158:2 migration 17:4 18:25 milestone 16:11 16:11 ,25 17:11 17:16 ,21 18:13 42:15 ,25 43:1 ,3 43:22 53:22 55:24 56:3 ,17,22 56:25 57:6 ,15,17 57:25 58:22 72:1 73:7 74:1 ,8 74:12,15 milestone's 16:15 18:14 57:23 58:2 72:16,19 73:12 73:14 million 60:10 64:10,11,12,16 65:16 mind 96:24 132:8 mine 14:13 minimal 123:12 123:13 ,14 minimize 143:16 143:20 ,22 minimum 75:16 minute 169:14 minutes 14:4 65:5 79:2 123:25 166:24 missing 149:8 155:9 mistake 159:23 mistaken 130:3 152:22 mitigate 96:8 ,16 114:6 mobi 109:2 mock 126:25 mocks 18:17,18 18:18,25 127:13 moderate 128:19 modification 67:16 ,20 modifications 69:1 73:1,3,13 modify 152:5,15 modules 38:4 moment 78:14 86:23 99:14 ,15 105:11 114:1 121:19 135:12 moments 19:3 19:24 99:25 momentum 109:5 ,6 110:18 112:10 mona 78:9 monday 11:12 11:12 monetary 64:5 162:22 money 59:23 monitoring 128:17 month 62:7 92:5 92:6 106:13 ,18 116:7 ,14,16 119:22 132:13 133:17 monthly 98:14 months 26:1 39:9 92:8 125:18 morning 5:3 6:13 7:18,19 153:10 move 62:9 63:12 66:20 96:15 113:22 115:6 [matrix - move] Page 20 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 65 of 86 121:25 133:8 149:20 150:7,16 151:4 moved 63:5 119:9 ,11 movement 111:25 161:17 moves 62:1,4 moving 120:8 mpsa 66:20 ,21 66:23 67:1,4,6 71:1 73:2 74:8 74:18 ,24 75:2,3 75:3 76:17 77:19 78:22 79:18 ,22,23 80:13 ,15,25 81:7 81:14 ,15 82:5 84:20 ,21 85:17 91:6,9,9,20,25 105:18 107:12 111:21 114:11 144:16 150:1 mutual 106:14 106:18 117:5 n n 3:11 5:1 name 5:24 7:9 7:23 8:2 10:10 12:23 45:1 106:24 147:25 narrow 59:10 86:7 natural 73:21 88:21 nature 58:6,8,24 122:22 navigate 36:18 nearly 63:2 106:8 necessarily 147:20 necessary 58:3 76:2 101:12 necessities 55:17 need 8:10 21:10 21:23 33:3 34:7 35:3 45:10 47:23 48:16 49:19 51:8,21 52:23 54:25 67:20 ,23 68:1 ,2 78:21 82:12 87:17 88:14 ,16 88:16 89:6,22,23 90:3,10,12 91:13 92:17 ,22,23 93:10 99:4,4 106:4 ,19 108:5 108:24 109:1 113:13 116:24 118:7 ,7 119:19 119:23 120:6,20 121:12 ,14 122:24 132:16 133:8 135:13 137:12 146:8 147:23 151:16 152:5 153:10 169:2 needed 9:13 49:3 62:13 68:8,9,24 73:1 75:17 82:8 93:6 96:7 107:24 112:14 113:14 118:4 131:14 148:18 162:25 166:15 needing 21:11 needs 20:4 25:10 45:20 48:18 52:2 107:5 136:7 negotiations 35:22 36:3 65:11 neither 158:21 158:21 never 57:17,25 86:17,18,20 87:6 87:6 89:14 116:19 new 21:1,2,4 27:11,12 87:14 87:15 88:1 ,24 95:15,15,16,17 99:6 111:17 112:1 127:16 129:12 ,13 137:24 151:12 161:17 165:10 nice 7:20 nine 5:5 40:5 nodded 125:19 nokia 108:25 110:18 112:10 non 52:9,13,14 52:21 53:5 ,7,8 53:10 157:11 normal 124:25 normally 48:15 49:10,12 55:5 58:19 62:25 86:11 96:5 101:11 102:20 104:24 106:21 107:9 123:9 ,18 137:17 ,19 142:22 144:11 144:13 notary 3:9 170:19 171:5,21 note 5:6,22 notes 3:22 61:12 125:2 171:14 notice 3:1 14:7 noticed 95:3 noticing 6:12 notified 147:9 november 53:5 125:15 150:19 161:4 number 1:2 30:15 39:13 40:16 ,16,25 60:6 60:11 128:17 139:20 ,22 140:9 140:9 ,10,11 167:24 ,25 168:20 numbers 38:25 137:1 168:4 nunez 3:17 o o 5:1 oath 7:2,7 8:14 170:4 oaths 171:6 objection 16:18 19:18 20:11 ,17 [move - objection] Page 21 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 66 of 86 20:24 22:18 ,25 23:11 ,18 24:14 28:13 31:25 33:13 35:1 41:2 43:6 46:8 48:4 56:19 57:2 60:12 63:21 64:22 67:18 ,25 68:10 ,17 72:4,11 73:4,15 74:11 ,20 76:9,14 81:8 88:4 95:2 97:4 97:13 98:9 104:12 114:19 115:16 ,24 116:5 116:15 ,23 125:8 125:13 134:24 136:2 137:10 140:17 ,24 143:11 146:13 147:18 148:9 149:16 152:1 153:20 157:4,19 165:23 objections 6:6 7:6 observation 135:16 ,25 136:5 136:15 ,17 observations 45:9,12 57:10 58:15 99:6 135:10 136:15 137:7 152:3 obvious 119:8 160:17 obviously 17:5 27:16 58:24 occur 46:12 ,13 46:15 ,16 113:8 114:18 115:15 115:23 121:8 123:18 occurred 46:6 65:12 125:6 occurs 108:13 october 112:2 128:8 ,11,22 129:4 130:16 140:19 150:8 151:5 ,12,20 156:13 ,20,23 157:3 ,18 158:6,7 158:16 ,25 159:3 160:9 ,9,11,17 161:2 offer 19:20 ,21 27:15 48:13 56:13 offering 32:4 office 42:13 66:10 officer 171:1 official 127:8 officially 98:5 okay 6:20 8:3,23 8:24 9:9,14,18 9:23 10:9 ,19,25 11:2,9,18 12:10 13:3,13,16,16,17 14:3,14,14,17,17 14:24 15:9,11,12 15:13 ,17,23 16:15 18:13 19:14 20:5,8,14 21:15 22:12 ,12 22:16 23:8 ,22 24:11 27:2 28:10 29:3 ,11,15 29:17,17,17 30:10,10,18 31:17,22 33:7 36:12,15,24,25 37:1 ,7,21 39:8 40:10 42:12 43:19 44:2 45:21 46:14 47:16 50:3 ,10 52:5 57:8,11,21 57:25 59:11 60:10,16,21 61:1 61:1 ,2,8,11,25 62:7 64:4,25 65:20 66:23 67:3 ,9 68:14 ,19 69:14,15,15,18 70:1 ,9,13,17,20 71:8 ,24 72:6 74:6 76:3,5,20 79:24 80:5 ,14,18 83:2 ,6,10 84:11 85:10,13 88:8 89:13,20 90:1 91:24 92:2 ,3 94:1 ,4,16,20,20 95:8 ,19 97:1 ,10 98:4 99:18 100:12 ,18 102:15 103:6 ,14 103:20 105:15 105:23 107:17 108:11 ,16 110:13 ,23,25 112:3 115:4,12 116:2 ,7,17 119:20 120:4,6 120:24 121:11 122:5 ,8,17 123:3 123:15 124:2,20 125:17 127:12 127:21 ,24 128:3 128:8 ,15 130:5,8 132:14 ,14 133:3 134:13 137:5 138:19 139:15 139:21 140:4 141:1 ,5,7 143:3 143:17 ,24 144:2 144:9 ,19 145:25 148:4 ,13 149:6 149:10 ,25 151:21 152:10 152:20 153:1,4 153:25 155:8 156:5 ,12,14,21 158:1 159:13 ,16 159:19 ,22 160:6 161:18 163:3,7 163:12 ,17 164:2 164:17 ,21 165:18 ,25 166:24 167:2,8 167:13 ,18,22 168:8 ,15 old 54:7 older 54:7 once 118:6 147:5 158:7 ones 12:4 16:13 26:19 38:24 58:16 93:2 127:4 ,12 129:3 [objection - ones] Page 22 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 67 of 86 130:8 133:7 145:8 155:17 157:12 online 134:15 ,15 146:11 ,12,20,23 168:23 open 1:6,9,13 2:10,10 3:4,23 5:16,19 6:18,18 9:5 10:16 13:8 14:5,12 15:2,2 15:19 16:9,16 17:12 ,16 19:15 19:16 20:5,9,16 20:22 21:17 22:21 24:16 ,25 25:16 ,23 26:14 27:21 29:19 35:13 ,15,22 37:13 38:6,20 40:24 42:15 ,24 43:19 44:14 45:2 50:21,25 54:10 56:16 57:16 ,16,21,21 58:2 59:3,12,16 59:21 63:6,19 64:13 ,15 66:4 67:3 70:16 71:1 71:9 72:23,24 73:2,9,13 74:8 74:16 75:19 ,22 75:25 76:12 ,23 77:3,4,7,12 80:25 81:5,10,15 81:16 82:5 85:5 85:13 ,17 86:16 88:10 ,17,21 89:8 89:12 91:3,7,19 94:5 95:20,22 96:21 97:11 98:23 99:21 ,22 100:13 102:16 107:18 ,23 108:17 ,20 112:6 112:20 113:5 114:16 ,23 115:5 115:12 ,21 116:3 116:19 117:5 118:24 120:10 120:13 ,13,14 121:6 122:15 ,16 122:17 124:10 124:18 126:3,16 127:4 128:11 ,22 129:1 ,20 131:21 132:1 ,19 135:7 135:10 ,17 137:13 ,23 139:3 139:12 ,24 140:15 ,19 141:9 141:14 142:11 143:7 ,15 144:14 144:24 145:4 146:20 ,23 147:5 147:6 148:4 ,6,15 148:17 ,20 149:11 ,13,14 150:15 153:6 156:25 157:15 158:9 159:4 ,6,25 160:1 161:22 162:1 164:12 165:20 166:15 168:2 ,17 open's 13:14,14 15:1 40:17 ,18 45:15,19 70:15 72:19 74:9 76:21 132:15 146:12 opening 37:21 opens 167:3 operate 21:12 45:15 operating 72:8 142:16 operation 142:15 143:2 ,7 144:15 operations 53:14 opinions 57:23 58:2 opportunity 144:5 orange 52:20 order 17:6 18:10 20:2 39:15 40:23 45:7 ,18 47:24 48:18 51:21 55:16 81:20 82:25 88:12,18 92:17 96:7 113:14 114:12 151:9 156:2 orders 168:24 169:3 ordonez 3:16 59:15 organizational 82:19 orient 101:13 oriented 27:12 37:1 69:20 origin 160:6 original 12:23 20:16 35:14 49:24 50:16 59:21 ,23 60:2 111:25 116:18 135:3 136:20 167:14 originally 60:1 150:2 osf 14:25 15:5 23:23 ,25 24:11 24:17 ,19,20,25 25:16 28:3 31:10 ,18,19 39:13 40:21 ,22 40:23 ,25 41:1 42:10 43:20 ,23 47:9,9 48:7,8,8 49:9 54:2 59:18 64:16 65:17 70:18 88:2,18,20 96:22 97:11 134:21 135:7 136:22 148:15 148:17 ,20 149:14 153:17 161:23 ospina 59:14 oss 44:3 47:16 outcome 6:5 171:17 outcomes 18:6 output 56:12 [ones - output] Page 23 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 68 of 86 outside 72:12 76:15 outstanding 62:19 145:4 162:9 ,9 overall 10:5 18:9 18:9,23 21:10 35:8 43:17 46:1 58:6 103:24 overcome 105:13 owner 85:22 ownership 121:20 p p 5:1 p&t 30:25 130:13 131:4 138:1 p.m.124:5 168:16 169:13 packet 4:16 69:12 page 3:12,15 20:3 70:1 92:4 94:9 159:20 167:6 pages 61:12 94:6 160:2 170:5 parallel 94:11 parameters 90:11 parrott 4:14 9:17 11:10,11,16 76:25 157:21 part 15:23 16:21 16:21 17:9 19:15 20:22 22:8 23:20 26:24 29:18 ,18 29:23 34:14 ,19 34:22 ,23 35:8 ,9 40:24 41:11 43:2,3,3 46:2 48:13 ,18 55:25 56:2,3 59:19,22 61:14 71:3,4,6 71:22 73:2,10 74:18 ,24 78:22 79:18 ,21 80:12 80:25 81:6 82:17 83:2 84:17 ,19,21 89:25 94:19 103:19 104:22 116:18 130:1 145:22 150:1 partake 164:13 partially 86:21 participants 5:9 participate 38:18 ,20 42:20 43:8 56:9 58:4 participates 44:22 participating 6:22 participation 44:21 58:23 particular 87:11 89:6 117:7 parties 3:6 5:13 7:4 16:9 102:16 105:11 121:24 163:1 ,4,10,14,18 163:18 164:12 164:23 166:5 ,8 171:10 ,16 partners 16:20 parts 91:10 150:8 party 6:3 48:7 49:7 59:3 81:20 87:13 100:25 104:17 120:20 158:10 pass 55:9 151:18 paul 3:21 61:3 61:13 pcr 160:7 162:11 162:11 ,15 164:6 164:18 ,19 165:4 pcrs 157:20 ,21 pedro 59:14 penalty 7:4 pending 8:12 26:7 62:17 86:24 96:14 117:21 121:20 126:5 152:12 165:10 ,17 people 9:12 14:11 16:11 27:3 28:7 39:22 54:5 ,6 56:6 59:15 83:14 90:19 104:21 119:4 128:17 154:17 ,17 166:16 ,18 percent 30:20 ,22 30:23 31:4 ,17,18 31:22 32:12,18 33:9 34:12,13,22 34:24 44:11 46:2 95:7,9,14 98:8,11,24 99:22 100:13 140:20 141:11 ,15,24 142:6 ,19,20 143:9 144:17 ,20 144:24 145:10 146:10 148:15 148:17 ,20 149:2 149:8 ,14 161:22 162:1 percentage 34:18 141:10 perception 99:8 perfect 8:25 15:18 65:6 127:24 perform 47:23 performed 57:17 performing 136:11 ,11 period 112:17 139:10 ,11 periods 164:4 perjury 7:4 permanent 139:12 ,16,18,25 140:12 ,15 145:1 145:5 146:1 ,3,4 146:7 ,8 person 7:2 30:25 30:25 71:19 125:1 136:17 137:18 168:1 personal 133:15 [outside - personal] Page 24 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 69 of 86 personnel 44:13 168:5 persons 41:17 55:21 perspective 23:5 23:7 92:24,25 100:16 133:6 154:4 ,7,21 156:3 phase 18:6,7 63:19 93:2 119:11 126:24 phases 17:25 phone 2:4,8,13 phones 24:8,9 phrase 129:14 physically 6:23 picture 26:5 129:8 pierce 2:11 6:16 6:16 7:12,12 16:18 19:18 20:11 ,17,24 22:18 ,25 23:11 23:18 24:14 28:13 31:25 33:13 35:1 41:2 43:6 46:8 48:4 56:19 57:2 60:12 63:21 64:22 67:18 ,25 68:10 ,17 69:14 72:4,11,14 73:4 73:15 74:11 ,20 76:9,14,20 80:3 81:8 88:4 95:2 97:4,13 98:9 104:12 114:19 115:16 ,24 116:5 116:15 ,23 118:15 125:8,13 134:24 136:2 137:10 140:17 140:24 143:11 146:13 147:18 148:9 149:16 152:1 153:20 157:4 ,7,10,15,19 157:24 165:23 169:7 place 5:13 21:3 27:9 38:18 64:1 95:4 120:1 123:11 ,21 171:11 places 91:20 plaintiff 1:4,7 2:2 3:5 5:18 6:14 plan 4:2 32:21 34:11 35:12 61:15 62:21 ,21 62:22 94:10 ,22 97:18 98:17 100:20 101:16 101:18 ,21,21 102:2 ,6,9 103:10 103:14 ,19 105:2 119:3 ,11,12 121:17 147:2,2 149:7 152:16 ,18 156:9 ,12,14,19 158:20 160:8,12 160:12 ,19,20 162:24 ,25 163:4 163:9 ,14 164:23 165:11 planned 30:21 34:24 35:10 167:10 planning 82:20 93:4 94:6 98:12 101:24 ,25 107:20 119:19 156:22 158:2 plans 101:9,10 105:6 119:2,5 158:5,13 platform 82:13 82:14 85:6 87:17 88:18,19 94:12 109:18 ,20 110:10 134:15 platforms 87:12 88:15 94:21,25 95:11 108:21 ,22 108:25 109:10 113:16 114:9 play 96:24 pleadings 12:15 12:17 please 5:6,22 6:7 7:8,22 8:8,21 36:15,18,19 47:23 79:7 120:8 121:4 132:3 138:3 147:11 168:23 plug 79:5 plus 14:9 31:23 59:16 pm 77:2,23 78:13,17,20 150:20 ,21 pmo 38:9,22 42:13 44:20 54:18 ,22,24 55:13 78:13 123:6 133:18 pms 129:24 point 45:8 63:18 67:19 68:24 81:1,10 117:19 118:12 ,18,19 122:24 ,25 128:11 ,21 141:8 161:16 pointing 110:8 points 48:7 147:14 ,15 148:6 portal 34:15,19 35:6,7,11 71:25 72:3,8,9,15,17 72:20 ,24,25 73:3 73:7,10,13,14,20 73:22 74:1,5 97:23 ,25 98:1,12 98:20 99:14 ,15 99:17 100:1 ,2,3 100:4 ,9 134:3 portion 161:19 portions 91:24 position 76:21 positive 145:21 possible 28:9 81:11 ,17 82:2 114:5 121:10 122:9 123:17 126:23 137:2,2 138:18 139:20 140:2 ,18 142:11 150:24 158:15 [personnel - possible] Page 25 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 70 of 86 post 19:11 potential 45:11 45:11 powerpoints 126:17 practice 106:22 107:10 121:23 142:13 practices 102:5 precise 99:15 101:20 145:13 prefer 8:1 preliminary 158:5 ,13 preparation 10:23 11:6,20,23 13:21 ,22 16:8 prepare 9:10 13:25 prepared 10:7 preparing 42:16 53:22 56:23 present 2:14 5:2 6:9,24 24:17 37:19 45:15 46:23 126:25 127:10 presentation 3:24 28:2 45:3 45:24 46:17 47:2,7 82:20 94:4 125:6,11 126:3 ,18 presented 56:24 67:14 126:25 pretty 41:24 ,25 84:16 119:8 ,21 138:6 160:17 preventing 9:1 previous 32:4 103:15 127:18 158:1 171:7 previously 4:10 11:19 128:2 160:10 prior 27:22 46:13 57:19 74:6,22 81:14 ,15 85:7 92:9 106:13 108:3,3 108:10 112:5 114:24 116:21 125:23 126:1 149:25 157:16 163:4 ,9 priorities 34:2 90:23 prioritization 33:23 138:4 prioritized 162:21 priority 22:8 34:3 81:18 probability 128:15 129:11 probably 77:1 90:25 115:25 problem 95:6 109:7 146:4 ,6 problems 111:10 procedure 3:2 proceedings 6:7 process 19:10 ,11 21:22 ,23 22:10 24:22 27:8 28:8 32:23 45:6 48:25 54:12 55:21,23,24,25 56:1 ,15 71:21 72:2 ,16 78:15 84:13 87:7 89:5 89:15 90:15 91:1 ,7,21 92:17 92:19 93:2 114:25 116:18 117:12 120:19 120:20 129:8 ,13 130:1 131:16 136:18 137:15 147:11 ,13 152:6 154:5,10 155:25 158:5,18 161:12 processes 17:25 21:23 26:4 82:15 83:1 85:1 86:22 87:9 91:12 93:14,17 93:17 104:20 processing 45:13 prod 52:9 produced 25:25 product 15:1 20:19 25:23 26:16 31:20 32:22 33:19 40:18 41:15,17 43:20,25 49:11 49:13 54:24 55:1 ,7,7 68:1,3,5 71:19 74:23 87:4 ,15,16,19 88:1 ,12,24 89:4 89:9 90:15 ,17,21 90:24,25,25 95:7 95:9,11,12 99:25 107:13 109:1 114:7 123:2 130:16 132:25 133:6 ,7 137:8 152:19 153:9,15 production 52:3 52:13 ,14,17,21 53:5,7,8,10,12 53:15 ,18 109:24 110:9 121:25 147:12 169:9 products 86:22 86:22 87:15 91:12 95:1,3,15 95:18 ,21 111:18 120:3 professional 3:8 4:12 17:2 39:18 40:4 41:16 55:12 66:22 82:17 84:5,17 101:3 105:2 ,10 105:13 106:2,16 135:22 138:13 143:3 ,12,13 171:5 ,21 progress 4:9 101:8 project 4:2,8,9,9 4:11 10:14 14:18 ,21,22 15:19 16:3,6,21 17:6,11,22 20:18 33:19 36:1 39:25 44:11 ,14 44:18 ,20,20 46:7 46:16 ,19,20 [post - project] Page 26 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 71 of 86 53:13 54:16 55:3,5,18 56:5 57:18 ,19 58:1,7 58:25 59:7 61:19 ,22 62:14 63:24 64:14 70:4 74:3 75:12 75:22 ,23 76:1,13 76:18 ,22,22,24 76:24 77:5,8,16 77:17 78:6,10,11 78:21 79:19 80:24 81:2 85:8 86:4,6,9,10,11 90:19 91:15 ,21 92:9,25 96:4,5 99:5 100:19 ,20 101:6 ,7,9,9,10 101:16 ,18,20,21 101:25 102:2,10 103:10 ,14,18,19 104:1 ,2,15,15 105:2 ,5,6 106:4 106:11 ,13,14 109:22 111:25 113:18 114:6,12 114:13 ,16,23 115:2 ,5,6,8 116:19 ,20 117:4 117:13 120:14 121:6 122:12,22 128:1 ,13 129:9 129:19 ,21 131:24 132:4,10 132:15 ,16,22 133:17 ,22 135:17 137:19 138:7 146:20,22 148:12 149:22 150:17 ,18,20,20 152:4 ,8 154:4 ,7 156:2 ,25 157:9 157:11 ,16 159:4 159:6 161:17 ,20 161:23 162:24 162:25 163:4,9 163:14 ,25 164:23 165:11 167:4 168:6 projected 17:16 projects 51:12 52:2 54:8 55:5 56:7 59:17 proportion 141:24 proposal 15:20 15:21 ,23 16:8 ,10 16:16 ,24 17:10 17:12 ,17 19:15 20:6,9,16,23 25:21 ,24 26:13 26:14 27:3,22 28:11 ,18 29:19 35:14 59:19 ,22 151:1 propose 25:23 proposed 15:25 16:6 17:12 57:1 63:6,6,23 150:16 160:24 ,24 proposing 151:4 provide 9:5 11:5 23:5 24:11,17 25:12 29:20 42:18 43:5 44:14 47:24 48:18 51:10 74:9 ,13,15 82:5 85:6 ,14 105:20 106:3 112:11 119:14 129:21 139:12 145:18 145:19 148:15 148:17 ,20 149:14 ,14 163:3 163:9,13 164:22 provided 10:2 17:17 24:9 25:21 53:22 56:24 59:22 68:16 70:8 87:6 89:14 131:4 132:23 139:24 144:14 165:10 provides 75:10 143:15 providing 7:6 17:1 21:17 105:16 132:17 provision 87:18 87:21 provisions 74:25 75:4 ,5 public 3:9 62:4 170:19 171:5 ,21 published 19:17 pulled 168:3 pursuant 3:1 push 151:7 pushback 56:17 56:20 pushed 150:3,4 157:3,18 put 12:19 18:22 27:8,8 29:10 33:10 ,15 35:12 36:2 41:8 43:7 46:21 48:1 49:5 51:17 62:12 64:1,15,19 67:21 70:16 83:17 85:4 90:16 92:9 94:4 96:11 97:6 97:19 99:2,23 100:7 102:20 104:20 105:12 106:8 ,16 116:10 116:11 120:1 123:5 143:7 150:14 155:2 161:8 164:3 ,9 165:14 putting 16:9 21:2 31:12 133:19 q q1 144:21 ,24 145:5 ,16,20,24 149:5 ,6,11 162:3 quality 5:7,8 26:8 80:18 quantified 69:1 quantify 122:1 question 8:12,22 15:14 41:10 42:8 49:21 59:8 69:2 72:23 78:1 97:10 99:3,19 108:18 116:19 121:5 122:6 [project - question] Page 27 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 72 of 86 133:21 145:3 148:16 150:23 158:1 questions 20:1 36:17 37:25 78:3 99:6 120:7 128:6 163:7 quick 65:4 quicker 152:22 quickly 54:13 83:23 r r 5:1 raci 92:11 raise 56:25 117:12 ,13 raised 78:11 85:22 113:21 114:1 117:2 raising 86:13 read 10:7 11:22 12:13 ,14,17 34:8 47:17 60:25 170:3 reading 14:2 26:23 153:25 ready 62:11,12 63:11 86:2,3 94:25 95:25 126:10 134:22 135:8 151:3 ,19 realistic 160:20 really 23:12 34:25 53:1 60:22 65:4 71:11 ,13 82:13 123:17 150:6 155:19 159:25 reason 63:12 120:5 reasons 73:16 134:18 ,19 recall 11:3 13:2 13:24 22:24 23:3 24:21 26:22 ,23 27:6 28:1,15,20,21 33:14 ,15 46:1 47:4 53:1 60:2,7 60:9,14 71:13 74:21 ,21 77:10 78:7 84:9 108:4 108:7 109:8 112:25 135:9,10 138:18 167:16 recalling 60:13 receive 112:7 received 95:20 169:10 recess 66:1 124:7 recollect 112:21 113:25 recommendati... 75:10 110:8 record 5:4,14 6:11 7:9,22 8:21 37:16 65:23 66:3,9 79:7 ,8,10 79:12 80:4,6,7,8 80:12 124:4 ,9 168:14 ,16 169:1 169:3 ,13 recorded 5:11 5:16 recording 5:7,12 recover 117:10 117:18 reduced 171:12 refer 14:21 ,25 15:5 66:22 105:11 146:23 referenced 33:8 referred 29:24 referring 12:3 13:14 15:1 ,10 37:3 44:13 ,24 52:21 59:1 67:1 87:2 ,3,3,5 111:22 148:6 refers 40:19 135:20 refresh 69:9 162:13 regarding 9:25 10:15 35:23 78:4 138:21 regardless 17:25 58:7 142:21 152:9 register 133:23 registered 3:8 171:4,21 rehearsals 18:20 reinforce 19:4 rejected 81:6 related 5:20 6:3 22:10 39:23 48:17 52:16 87:14 96:16 99:17 101:24 106:23 109:1 128:12 138:8 ,10 138:15 ,24 141:18 148:6 relation 142:8 171:9 relations 142:8 relationship 22:1 23:20 relative 92:6 relay 45:2 release 26:15 28:19 87:16 97:12 ,14,15 98:2 98:13 ,19 125:24 131:10 147:4,5,6 147:10 158:3 released 25:19 25:20 ,23 26:20 47:11 73:14 96:21 ,23 97:2,17 97:19 ,22 98:5,14 126:2 ,5,13 147:6 releases 31:14 98:20 releasing 29:1 98:15 relevant 16:13 46:6 131:17 remaining 100:1 100:11 144:20 145:11 146:16 148:5 remember 18:16 18:21 19:8 28:4 36:6 49:1 51:6 58:17 ,21 62:10 73:25 84:7 85:21 92:4,7 107:25 109:1,2,4 [question - remember] Page 28 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 73 of 86 110:17 111:2,13 117:4 118:5 119:2 120:3 133:14 141:6 154:23 ,23 158:17 remind 132:3 reminder 8:4 64:9 remotely 3:6 5:23 6:10 7:1 rephrase 59:25 86:19 report 4:9 132:17 142:21 155:4 ,8 167:4 reported 78:18 138:7 reporter 3:8 6:1 6:20,22 12:8 19:9 121:3 123:13 125:21 136:24 168:24 169:2 ,6,10 171:5 171:21 reporting 6:25 represent 24:17 25:14 representation 72:15 representative 5:17 66:5 124:11 140:5 168:18 represented 22:21 72:20 ,24 72:25 73:10 77:12 85:5 140:20 representing 5:24 request 4:8,11 15:20 22:4 29:13 36:20 ,22 75:7 114:17 ,20 114:23 116:20 116:20 ,20,24 120:11 ,15 121:6 144:3 157:1 ,16 159:4 ,7,8 requests 36:5 45:20 114:14 136:4 157:9 ,11 required 65:5 67:16 68:25 76:21 77:7 86:20 91:2,6,11 95:16 ,16 100:14 102:5 104:23 105:20 107:7,17 118:6 ,6 140:21 163:8 requirement 29:19 49:1 70:22 ,24,25 76:4 76:7 77:4 ,22 84:2 93:9 101:1 148:1 165:19 requirements 16:5 45:20 47:18 55:18 ,19 70:7,9,10 71:25 73:1,11 74:7,18 76:19 77:14 ,14 82:7,7 83:21 85:4 95:15 98:25 127:11 141:23 148:3 ,7 requires 115:1 121:16 resign 123:8 resolve 138:11 resource 3:19 resources 96:7 96:15 104:21 ,21 117:21 respect 14:5 16:16 17:22 43:4 135:23 respond 25:17 response 15:20 17:17 20:8 22:20 27:23 28:18 66:24 responses 8:8 78:2 responsibilities 84:15 101:7 102:14 ,23 105:9 106:24 107:4 responsibility 82:22 92:14,16 101:15 107:5 ,6 responsible 84:2 100:24 ,25 102:17 104:4 ,10 104:17 122:2 128:17 146:16 responsive 118:12 ,20 rest 82:25 96:4 result 96:19 138:22 160:25 retained 168:21 revenue 22:1 review 10:22 12:6,10,11 18:4 18:5 30:1,12 33:16 41:11 ,11 42:23 45:9 55:15 ,16 56:2 58:13 89:7 99:11 113:9 ,12 117:17 ,20 118:24 133:7 137:24 154:24 155:13 ,16 160:11 ,14 161:15 163:1,5 163:22 164:14 165:3 ,5,7,10,19 165:21 166:5,9 166:13 ,15 reviewed 11:6 14:13 18:3 54:20 56:13 102:21 141:17 155:7 165:16 reviewing 18:9 43:9 135:14 155:25 reviews 55:10 rfp 17:13 ,18 19:17 20:15 ,22 22:21 25:17 ,24 26:21 27:23 28:7,18 34:17 38:21 46:13 78:2 147:14 ,15 147:22 ,23 148:6 149:2 151:24 [remember - rfp] Page 29 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 74 of 86 153:4 ,8,14 154:12 ,17 155:1 155:3 ,20 156:4 rfps 28:22 30:13 45:17 99:16 100:1 126:19 141:17 149:9 154:25 155:12 155:14 right 9:7 10:10 15:18 ,21 16:3,6 22:14 ,23 23:10 23:22 ,24 27:4 29:21 ,25 30:16 30:23 31:8,10,14 31:15 36:1,8 37:20 39:6,8 40:18 43:5,10 45:25 47:14 ,21 48:22 49:22 50:6,11 52:5 53:16 ,23 60:3,11 61:23 62:5 65:13 ,18,19 66:19 67:7,24 68:9 70:4,11,18 74:25 75:19 76:1 79:13 81:3 83:16 ,20 84:19 84:25 88:2,10 89:10 ,12 91:22 96:1,1 100:22 101:19 102:1 104:3 108:14 109:15 115:20 119:6 121:1 122:10 125:7,18 127:5 ,14 128:13 132:6 ,10,11 134:16 135:8 137:8 139:13 ,18 145:9 ,9 147:15 147:16 148:7,23 149:4 150:5 162:18 163:13 167:22 168:8 risk 95:24 96:8 96:16 105:7 114:5 117:13 122:3 ,18 123:4,5 123:5 ,6,9,11,16 123:17 ,18 128:16 ,16 129:5 130:11 ,18,23 131:16 ,22 132:17 133:2,4,5 133:23 134:7 154:13 risks 122:11 ,12 122:15 ,23 123:23 128:1,10 128:12 ,21,25 129:1 ,5,24 132:18 ,23 133:10 154:8 roadmap 32:20 32:21 33:19 ,22 71:20 role 16:15 roles 18:5 42:21 43:16 room 86:7 151:9 rotate 69:21 rough 62:21 roughly 60:10 62:7 132:14 167:20 roughs 169:4,5,7 round 168:13 row 31:3 32:15 44:9 ,10,23 45:13 rule 1:12 3:3 71:18 138:3,3 rules 3:2 8:5 15:13 90:4 ,11 105:13 run 29:9 s s 5:1 sadly 96:18 sales 27:6 ,7,25 38:12,14,24,24 42:13 54:13 55:16,19 sandbox 107:18 107:24 108:11 108:17 ,19 109:13 110:14 111:5 112:20 113:2,6 santacoloma 3:16 sao 4:8 168:1 saos 153:10 sat 113:12 satellite 24:8 saw 7:20 37:3 57:14 60:1 ,3,7 68:25 155:2,3 157:22 167:14 saying 8:8 27:21 28:17,22 34:21 42:8 54:7 63:15 79:1 84:23 87:6 89:13 91:17 ,19 100:12 107:11 109:11 ,12 110:2 110:11 ,12,13 111:20 114:23 115:7 121:24 134:6 135:12 ,12 136:6 137:13 142:3 145:10 155:20 161:1 163:17 165:22 166:1 ,2,4 167:9 says 30:3,4,14,19 30:21 ,22,23 39:4 39:8 44:10,23 47:19 52:10 53:16 92:5 94:8 94:20 ,22 105:8 108:6 120:20 128:8 ,10 141:8 146:18 153:7,14 155:4 162:23 167:8 schedule 15:25 17:12 ,16,22 18:12 ,23 36:1 43:9 54:19,20 55:15 ,17 57:4,8 57:11 ,14 63:25 75:15 79:20 82:1,19 92:19 93:3 100:20 101:8 102:10 103:18 105:7 106:23 107:1,8 107:13 [rfp - schedule] Page 30 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 75 of 86 scheduled 95:23 144:20 schedules 76:18 82:7 104:16 scheduling 164:3 scope 45:3,23 46:6,17 47:2,6,7 65:1 67:7,9 72:12 76:15 82:20 83:4,5 93:8,16 99:12 105:7 125:6 ,9,10 126:3 ,20 148:11 152:9 154:5 ,6 155:22 ,23 157:5 scoped 155:10 155:11 score 70:14,14 70:15 scratch 17:10 screen 5:10 29:10 36:13 50:4 69:16 80:16 85:3 94:2 127:23 141:3 153:2 scroll 94:5 scrolling 83:22 seamlessly 74:4 second 12:5 25:2 37:11 82:16 89:25 96:25 97:19 ,22 104:7 111:9 136:12 159:20 165:5 secondary 158:14 section 44:9 82:10 ,10 92:2 105:24 107:4 sections 105:18 105:22 see 7:20 13:9 30:18 ,18 32:14 33:24 36:13 ,24 37:5,6,12,21 38:2 39:6 ,9 50:4 50:9,14,19 52:10 60:23 61:8,15 62:2 63:14 67:20 68:25 69:16 ,21 74:17 80:16 ,17,19 82:4 92:19 94:2,3,14 96:3 102:11 103:6 ,10,12 105:8 106:12 107:10 117:18 117:22 119:16 119:17 124:25 127:22 134:16 141:2 ,3,12 142:7 144:14 ,21,22 153:2 159:14 160:2 ,4 162:20 167:6 ,11 seeing 47:25 53:3 127:23 seen 5:9 14:7 ,12 102:9 131:23 140:22 167:4 sees 143:1 seminal 82:16 send 127:20 159:6 161:11 ,15 sending 33:2 61:12 153:9 160:7 sense 54:6 60:5 sent 37:22 50:15 50:16 62:9 148:5 158:13 159:3 sentence 43:14 september 1:13 3:7 5:5 62:5 80:23 150:2 151:8 159:5 160:3,15,15 165:5 sequence 46:21 46:25 series 61:11 128:12 134:17 server 53:11 servers 52:25 53:6 ,7,18 142:21 147:7 service 24:9 ,24 34:15,19 55:13 71:25 72:2 87:18,21 110:5 131:6 136:13 138:12 services 4:12 16:23 17:1 ,2,4 23:4 24:3,12,13 24:18 25:12 38:11 39:17,17 39:19 40:4 41:16 42:1 ,18 43:4 44:14 48:9 51:10 52:1 53:6 55:12 64:23 66:22 session 93:8 sessions 77:15 set 12:5,5 50:2 54:18 60:20 82:1 89:10 95:13 99:25 103:2 105:4 111:8 113:3 130:22 ,23 sets 101:18 setting 111:17 setup 63:9 severities 136:14 136:16 138:11 severity 135:19 135:20 ,20,25 136:14 ,21 137:4 137:6 ,6 138:15 138:21 ,23 shakes 8:9 share 42:6 126:6 131:17 ,22 133:23 ,25 shared 17:19 122:25 123:9 129:24 130:3,6,8 130:9 sharepoint 133:22 134:4,9 134:10 sheet 168:2 shoaei 2:2 3:13 6:13,13 7:11,11 7:17 12:10 17:9 19:14 20:5,14,20 21:15 22:20 [scheduled - shoaei] Page 31 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 76 of 86 23:2,13,22 24:16 28:16 29:4,8 32:5 34:10 35:13 36:9,12 37:8,11,18,20 41:5 43:10 46:11 49:22 ,25 50:3 56:22 57:16 60:16 ,18 60:22 61:5,8 64:4,25 65:3,6,8 65:21 66:7,12 67:22 68:4,12,19 69:11 ,15 72:6,13 72:18 ,22 73:9 74:6,15,24 76:11 76:16 77:1,6 79:3,6,13 80:10 81:10 88:6 93:22 94:1 95:19 97:5,21 98:23 102:25 103:3 104:14 114:21 115:19 116:2 ,7,17 118:9 118:17 ,21 121:5 123:15 124:2,13 125:10 ,17,23 127:19 ,21 135:2 136:19 137:5 138:14 140:19 140:25 143:19 146:15 148:4,13 149:20 152:17 152:24 153:1,23 157:6 ,8,13,22 159:3 ,10,13 164:25 165:18 165:25 168:9,13 169:4 shoaei.maral 2:5 show 29:4 45:6 60:5 61:4 69:10 79:25 80:14 93:21 94:8 102:25 103:9,21 126:14 ,16,17,20 127:10 ,17 133:15 140:25 147:25 152:20 159:8 ,20 162:12 167:3 showed 93:2 127:3 showing 50:13 69:18 82:19 103:3 104:11 ,13 127:22 ,25 shown 32:11 64:12 shows 55:18 94:10 103:19 sick 123:8 side 81:22 83:19 132:15 133:1 150:24 sign 62:16 85:17 121:24 signature 171:20 signed 77:19 112:9 signing 62:24 81:14 ,15 86:3 120:23 similar 29:1 41:24 ,25 56:8 79:21,25 single 25:1 33:15 57:4 84:13 93:1 122:18 sir 8:15 69:16 sit 58:19 93:1 ,3,5 96:2 154:16 155:7 160:18 ,22 sitting 28:10 situation 86:12 123:18 131:25 situations 140:3 six 151:8 size 51:9 slas 136:12 ,12 138:12 slide 94:21 slightly 96:13 97:10 small 50:8 smartflex 15:1,2 59:16 74:4 88:10,17,21 89:12 109:19 136:10 sme 58:13,18 59:1 ,12 smes 54:21,23 55:10 56:1 ,3 58:16,20 smith 3:8 6:2 8:6 171:4,20 snapshot 129:8 software 20:25 21:10,12,13,16 23:5 ,6,6 24:22 25:9 39:19 43:18 45:1 ,16,17 46:23 48:7,14,15 89:11 126:4 ,8,12 126:20 ,21 127:3 138:8 ,11,15,21 138:24 141:21 143:14 ,16,20,22 144:15 151:25 152:13 ,15 155:1 sole 146:5 solution 23:6 45:3,7,23 46:5 46:17 47:2,6,7 82:20 92:13 ,18 93:8,16 99:11 125:6 ,9,10 126:3 138:25 139:4,13 139:13 142:5 143:1 ,5,15,21 144:4 ,15 145:19 146:3 ,5,6,7,9 152:9 solutions 5:25 6:2 139:5 ,7,17 139:18 ,22,25 140:12 ,13,14,15 142:1 145:1 ,5,22 168:22 solved 146:4 somebody 110:10 130:13 137:2 149:2 soon 113:17 159:1 sorry 12:8,16 17:15 19:9 23:1 23:16 30:6,8 33:20 36:21 ,21 40:13 41:12 [shoaei - sorry] Page 32 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 77 of 86 43:10 50:24 53:6 59:23 68:12 75:1 78:25 80:18 82:3 83:9,12 84:3 86:25 88:6 91:14 97:5 104:7 107:21,21 110:22 ,22 114:21 121:3 132:20 133:21 134:13 136:25 139:6 147:7 153:22 162:7 sound 150:5 source 68:5,6 sow 83:12 84:4 84:10 136:3 ,3 144:3 145:15 sows 136:4 sp 31:1 speak 9:14,18,23 9:24 10:9,12 11:10 ,15 13:20 66:13 124:14 speaks 144:23 specialized 55:13 specific 9:6 12:11 18:5,18 19:5 25:5 26:8 28:21 33:14 36:6 42:20 43:8 48:19 49:13 62:12 82:12 93:20 105:20 106:23 108:13 126:22 138:17 145:6 specifically 11:3 16:12 28:25 42:17 59:18 76:19 134:10 specifications 21:9 73:24 specifics 33:7 specify 93:5 spellings 168:24 spend 42:3 spent 117:25 spoke 10:10 11:10 13:22 ,22 spoken 11:15 ,18 sponsor 44:21 spreadsheet 4:15 61:16 68:22 128:4 spring 15:19 25:22 stabilization 19:10 staffing 16:5 74:25 75:4,6,8,9 75:17 76:18 77:14 96:17 stage 26:3 32:23 71:21 84:13 ,14 92:12 93:4 stages 82:18 126:11 stakeholder 103:25 stall 86:9 standard 41:25 62:17 165:12 stands 52:12 start 36:4 62:23 63:8 ,11 69:19 78:11 85:8 86:6 92:23 93:4 103:22 106:13 119:3 122:19 160:10 ,11,16 started 63:22,22 66:9 77:19 86:10,13 92:10 92:20 101:6 108:9 111:16 115:10 130:19 130:20 160:14 166:21 ,23 starting 61:14 63:3 106:10 ,13 106:19 107:2 160:20 starts 46:20 ,20 54:13 70:2 state 3:9 6:7,10 7:22 104:9 170:4 171:2,6,21 stated 28:11,12 91:10 92:5 statement 6:21 69:19 83:3 ,7,9 153:21 ,22 states 1:1 5:20 38:3 94:9 101:24 stating 7:9 77:7 statistics 137:1 stay 168:23 steering 116:11 stenographer 8:6 stenotype 171:11 171:14 step 117:7 155:24 stick 112:17 sticking 112:16 stipulated 78:5 stopping 143:6 straight 40:6 straightforward 61:2 strategy 20:19 street 2:3,12 struggle 119:25 struggling 90:20 stuff 87:23 style 30:9 100:23 subject 30:4 54:21 56:4,11 153:4 subjective 136:16 subjects 150:14 submit 16:16 20:6 114:16 116:19 120:11 120:13 ,14,20,21 121:6 ,18 156:25 157:15 submits 38:22 submitted 15:19 20:16 ,23 26:12 27:6 30:13 35:14 39:14 45:17 50:22 51:2 114:23 [sorry - submitted] Page 33 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 78 of 86 submitting 16:8 27:22 subscribed 170:14 substantially 141:9 suggestion 75:7 suggestions 75:11 suitable 16:25 suite 2:3,12 sum 141:23 summary 38:1 support 10:15 15:24 18:11 21:2 24:7,8,8 44:19 55:14 88:12 111:17 135:22 146:12 146:20 supported 22:11 113:22 supporting 39:24 supposed 106:7 107:23 163:3,12 163:13 ,22 sure 8:20 20:2 27:18 28:24 34:20 42:7 45:18 50:14 53:21 55:16 69:10 70:5 79:6 84:16 87:3 99:18 100:10 109:18 112:8,10 112:21 114:22 127:20 133:8 140:1 ,1 142:3 151:16 159:17 167:1 suspecting 135:13 swear 6:21 7:10 swearing 6:25 switch 34:1 96:7 113:13 switching 114:6 sworn 7:14 170:5 ,14 171:8 system 18:8 20:21 21:5,19 22:14 ,17,22 48:11 ,19,23,24 49:14 ,17 89:1 ,24 92:14 93:13 102:3 108:3 ,10 110:9 118:7 126:16 137:16 137:20 ,25 147:24 162:3 163:23 ,25 167:25 t tab 29:6 36:11 37:10 ,22 38:1 44:2 47:17 50:2 50:6,8 60:20 61:7 93:24 table 151:12 take 5:13 8:10 8:12 29:12,13 34:4 36:15 37:12 40:2 41:7 48:12 ,25 49:8 51:9 ,12 54:8 57:21 58:14 65:21 74:1 85:2 107:11 124:3 155:22 161:13 taken 3:6 5:17 47:13 54:18 66:1 124:7 171:11 takes 38:9 62:25 talk 32:9 119:6 121:2 talked 18:8 25:22 36:3 54:1 54:14 77:20 79:19 100:18 125:5,24 134:17 155:17 156:5 talking 11:13 14:11,21,22 18:1 21:16 27:19 34:16 43:11 52:24 63:16 72:9 75:2 83:7 83:14,15 94:16 94:17,18 148:19 151:22 161:19 164:2,4 talks 94:6 task 160:18 161:13 tasks 101:19 160:18 team 16:21,22 17:6 ,6 27:6,7,25 30:12 38:13,14 38:24,24 39:19 44:22 54:5 ,10,12 54:13 55:16 ,19 101:13 102:5 119:24 ,25 123:7 146:12 154:8 155:2 ,3 156:2 teams 18:4 93:9 technical 130:14 technically 24:15 48:9 technology 5:23 telecommunic... 58:7 59:17 109:3 telecommunic... 21:18 23:23 24:2,5,7,10,12 24:18 57:19 58:1 tell 26:14 27:10 51:1,23 81:16 98:18 104:8 107:23 114:1 115:21 116:3 118:24 123:19 128:5 131:7 ,13 149:11 154:1 155:8 telling 53:4 93:10 101:5 132:18 templates 39:1 temporary 138:25 139:5,7,9 139:13 ,17,22 140:14 141:25 142:4 143:1 ,5,8 143:15 ,21 144:4 144:15 145:19 [submitting - temporary] Page 34 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 79 of 86 146:1 ,2 term 24:21 48:1 terminated 166:22 terminology 14:19 17:24 terms 13:18 20:18 ,18,25 25:10 41:23 51:25 78:2 87:22 92:5,6 154:8 test 60:17 112:12 118:8 testified 7:15 125:11 testify 171:9 testimony 7:3 9:6 168:17 170:3 ,6 testing 18:8 19:5 32:23 39:23 82:14 85:1 92:7 102:4 105:16 106:5 108:3 ,10 109:9 ,12,23 110:6 ,9,14 112:15 ,20 113:16 137:21 147:11 162:3 163:23 164:1 tests 109:18 text 69:8 thank 7:25 8:17 13:17 ,19 36:19 37:18 49:22 56:15 66:7 124:2 164:25 168:10 ,23 thanks 109:6 168:12 themes 114:7 theoretical 157:11 thereof 171:14 thing 8:11 10:7 19:1 33:15 46:22 71:6 83:11 ,14,16 90:8 100:20 105:4 109:12 142:25 150:22 things 10:13 18:6 19:6 25:5 26:8,9,11 27:10 32:13 ,22 33:4 ,25 34:2,5 35:23 36:3,7 41:21 45:10 49:19 54:25 58:5,17 61:4 62:13,17,19 62:25 63:16 68:24 71:14 81:20 82:12 ,22 82:24 87:7,12 88:9 89:9 90:8 90:12 93:6 96:18 99:10 100:6 ,9,11 111:15 ,16 113:14 ,15,20 114:9 117:9 ,20 117:22 118:22 122:23 123:1 125:5 126:22 128:5 134:17 135:11 137:11 137:11 ,22 145:22 149:18 152:12 ,13,21 154:9,12 160:20 160:21 161:9 162:10 ,12,16,19 164:3 165:9,12 165:17 think 10:5,5 12:1 12:21,23 16:12 20:12 24:6 26:25 28:1 ,5 33:3 34:7 38:19 39:15 51:5 57:3 58:23 60:2 ,15 63:6 68:18 69:2 70:22 71:15,18 71:18 73:5 ,8,12 75:13 76:15 78:1 ,7,7,8,17 82:10 98:2 ,19 100:3,19 101:2 104:18 110:17 114:15 117:17 118:18 ,19 129:14 130:13 130:13 143:7 146:18 148:2 149:17 ,18 150:2 151:15 152:22 156:16 158:17 159:21 160:14 160:15 161:2 166:24 thinking 71:5 134:25 third 16:9 32:14 32:15 48:7 49:7 59:3 87:13 109:2 164:15 ,17 thou 135:6 thought 16:24 73:11 154:20 three 38:19 42:13 44:4 62:21 78:8 85:7 92:8,9 103:16 108:2 ,25 120:3 160:2 161:4 168:21 throat 82:3 thrown 18:22 tibo 96:14 ticket 136:9 tickets 38:17 136:4 137:24 time 5:2 6:7 16:20 18:15 ,16 20:1 26:11 27:19 28:5 29:9 31:9 32:19 37:19 39:9,14 41:6 42:22 44:1 47:5 62:20 63:1 63:2,23 65:24 ,25 66:5,6 71:1 72:1 73:3,5,14 79:9 79:12 80:6,9 86:2 95:7,13,21 95:24 96:12 108:9 111:7 112:17 117:10 118:1 ,13,20 121:4 124:5 ,11 [temporary - time] Page 35 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 80 of 86 126:23 127:9 129:25 131:22 132:24 138:16 139:10 140:2 148:22 150:17 151:7 152:2 156:8 ,23 164:4,4 164:15 ,16,17 165:15 166:11 168:2 ,9,10,16 169:9 ,13 171:11 timeline 3:20 31:13 46:10 50:8,22,24 51:15 51:17 52:4,15,22 53:20 ,22 54:2,6 54:11 ,22 56:18 56:23 57:1 59:2 59:13 ,24 61:16 78:24 79:19 ,20 79:21 ,23,24 80:13 81:2,6,16 81:21 82:4 104:1 times 52:10 53:16 69:13 82:12 112:11 timing 65:7 101:18 113:1 today 6:1 8:8,15 8:25 9:4 10:23 11:7,20,23 13:23 14:1,8 28:10 88:21 167:14 168:11 today's 9:10 168:17 toggle 61:17 told 26:17 27:21 77:21 78:15 88:23 115:14 126:9 131:18 132:23 151:22 152:4 163:22 165:6 ,15 tools 133:20 top 29:18 32:11 34:3 61:14 160:3 topic 72:17 76:20 157:19 topics 9:6 14:6,8 14:10 ,15 18:18 72:12 76:15 127:16 157:7 torres 9:16,20,22 10:10 ,11 11:5 total 30:22 38:3 39:4 86:19 101:8 167:9 168:20 169:13 totally 86:17 ,18 track 93:23 101:8 117:14 118:14 132:22 133:11 ,19 134:2 tracked 133:5 134:6 ,8 train 45:14 46:23 trained 131:12 training 19:2 ,2,3 19:4,4,5 39:24 42:2 45:14 46:24 53:11 ,11 82:20 102:7 137:21 transaction 110:10 transactions 24:22 109:19 transcribing 8:7 transcript 169:3 170:3 171:13 transcripts 11:22 transition 146:23 147:2 ,2 transitioned 149:22 translates 38:25 travel 38:15 44:7 tricks 96:24 tried 114:6 119:24 trigger 111:15 true 81:12 95:10 134:21 136:21 151:23 153:21 171:13 truth 171:9 truthfully 9:2 try 8:22 20:2 38:1 50:7 58:20 60:17 83:19 96:8 ,15 99:19 111:17 117:22 118:21 119:25 142:8 144:12 163:8 166:3 trying 32:6 34:20 112:16 116:13 ,13 118:1 118:13 164:19 tuesday 11:13,16 tv 24:8 109:2,2 twice 100:3 154:15 two 49:18 52:10 53:5 78:8 87:24 91:10 ,20,24 98:20 99:25 102:25 109:9 110:14 120:2 121:24 127:17 132:9 135:6 136:4 146:22 161:3 164:2 ,4 166:24 168:13 type 56:7 types 25:13 55:6 55:7 typewritten 171:12 typically 23:9,10 23:17 ,23 u u.s.17:8 27:12 uh 8:9 uhs 8:9 ultimately 35:13 93:18 uncertainty 119:12 understand 8:14 9:4,8 13:13 ,15 13:18 15:6,10,12 17:14 19:16 20:9,21 32:5 34:20 40:14 ,15 [time - understand] Page 36 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 81 of 86 40:19 42:7 46:4 51:16 56:14 ,14 66:25 69:3 74:12 96:9 99:4 108:18 120:21 131:14 151:21 164:18 understanding 10:4 17:7 18:4 45:19 47:22 58:24 65:10 69:23 73:18 100:16 154:10 161:25 165:1 166:10 understands 86:1 understood 8:16 14:23 15:15 20:25 21:11 44:25 55:19 77:22 110:25 143:19 unfortunately 140:4 unfulfilled 115:10 unit 5:15 united 1:1 5:20 units 168:20 unofficial 127:7 unpredicted 151:10 update 163:13 updated 162:24 162:25 163:4,9 163:14 164:22 upgrade 21:12 22:13 upgrades 97:17 98:15 upgrading 98:16 uploaded 90:13 upper 147:25 use 8:8 14:19 17:24 21:6 25:6 25:12 ,13 37:14 41:15 42:6 54:15 57:9 73:7 73:12 83:15 84:21 87:25 104:6 139:1 ,8 152:18 user 22:9 25:6 147:25 usual 169:8 usually 23:17 38:25 114:13 utilities 21:5 ,14 21:19 22:3 23:15 ,17,21 24:2 24:3,13,18 52:7 58:6,8 62:4 64:17 ,18,20,24 80:23 94:10 112:2 114:7 149:21 ,23 150:1 156:6 ,7,8 157:1 157:17 160:13 161:18 ,19,20,24 162:5 ,6,8 v v1 103:11 valadez 3:21 4:14 61:3,12 valadez's 63:14 valuable 58:23 value 59:24 variables 49:15 51:5 52:1 54:14 variety 15:24 35:23 61:4 128:10 ,18 various 70:3,14 vendor 28:9 ,9 49:7 ,7 70:14 ,14 75:6 ,18 87:13 89:7 117:6 vendors 40:19 94:13 verbal 8:8 veritext 5:25 6:2 168:21 version 12:9 25:16,18,19,25 26:1 ,2,3,6,18 27:12,12,17,22 28:18 29:1 30:11 31:6 ,10,15 31:18,19,23,23 32:1 ,3,3,4,12 33:5 34:14 39:13 40:3 ,8,9 40:25 41:1 ,4,6,8 41:19,22,24 42:4 42:4 ,10 47:9 ,9 47:10,11,14 48:3 49:21 54:2 65:17 70:18 71:1 ,4,6,9,16,22 72:10 96:22 97:2,2,6,11,12 97:16 ,18,21 98:6 98:7,13,16,19 99:10 100:4 ,6 104:11 125:24 126:2 ,10 127:4,7 127:8 130:21 131:1 ,9,10,10 133:13 versions 104:19 versus 5:19 video 1:12 3:2 5:12 112:8 168:25 videoconferen... 1:12 2:1 3:3 videographer 2:14 5:3 6:1,20 37:16 65:2,4,23 66:2 79:8,11 80:2,5,8 123:25 124:4 ,8 168:15 view 33:21 45:8 67:19 68:25 103:24 122:25 122:25 123:10 154:11 ,18 156:4 163:10 ,15,19 164:24 virtual 5:23 virtually 5:7 vs 1:5 w w 134:14 ,15 wait 8:21 86:7 118:1 [understand - wait] Page 37 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 82 of 86 waiting 118:23 waive 7:6 walk 37:24 45:16 want 8:20 27:18 27:20 44:8 50:13 60:23 64:5 69:20 83:24 86:9 87:2 89:5 93:12 94:8 101:20 ,22 110:1 112:3 114:21 133:1 137:15 145:25 149:13 150:14 169:4 wanted 12:1,6 17:5 19:11 22:13 37:1 75:25 76:2 83:13 87:16 ,25 117:24 151:8 152:13 wanting 20:15 wasting 118:20 water 24:4 way 12:19 24:20 32:10 ,10 43:7 49:4 56:17 64:15 ,20 87:10 90:16 97:19 99:20 100:7 112:12 116:10 116:11 118:22 121:18 130:25 131:9 ,12,15 132:21 ,22 133:19 135:18 163:21 171:15 ways 25:6 we've 69:14 94:17 164:9 ,9 web 48:9 133:22 134:3 ,14 week 9:19 ,20 11:12 96:25 97:19 ,22 106:17 166:20 weeks 7:21 85:7 92:9 125:18 151:8 weight 58:2,3 welcome 29:12 66:7 went 76:17 88:24 117:2 139:15 ,24 140:14 149:21 150:25 151:13 151:15 west 2:7 wewatta 2:3 whatnot 127:13 white 115:18 ,20 122:7 whitney 2:3 6:14 wife 124:16 ,18 wiggle 86:7 151:9 window 137:12 witness 5:10 6:21 7:3,10 171:8 word 57:9 86:25 100:3 101:11 102:3 139:9 words 23:4 43:22 67:11,23 81:5 97:7 128:25 134:7 139:8 work 24:7 ,23 34:3 49:9 51:7 52:1 67:7,9 69:19 73:20 74:3 82:16 83:3 83:4 ,5,8,9 87:9 90:4 123:22 124:18 126:18 152:5 156:2 workaround 138:25 144:12 worked 32:13 143:18 workflow 87:22 104:2 workflows 25:4 working 10:1,14 18:1 26:2,18 27:11,11 31:8 39:22,23 43:24 86:8 109:20 111:16 126:21 127:9 133:9 137:20 166:18 168:5 works 138:5 144:8 168:2 worksheet 44:3 worksheets 38:23 workshops 19:25 26:25 77:12 world 124:24 ,25 worries 37:14 writing 8:7 written 3:1 19:22 20:13 26:21 ,24 27:2 28:12 ,12,14,15 28:17 108:1 ,1,2 108:4 x x 3:11 y yeah 8:16 9:8 10:12 14:9,16,24 30:11 31:11 ,13 31:16 ,21 32:8,10 32:11 36:14 ,19 36:21 ,21,22,22 37:14 39:7 42:17 43:1,12 47:15 ,22 49:21 50:12 52:13 53:8 56:9 60:15 61:21 ,24 62:3,6 64:7,23 65:3,19 65:21 67:19 68:2,6,13 69:17 69:23 70:16 75:8,21 79:15 80:3,17 82:2 84:24 85:9 89:19 91:23 94:3 96:11 97:16 98:21 100:21 102:18 102:22 103:7,13 107:16 108:15 [waiting - yeah] Page 38 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 83 of 86 109:16 110:22 111:23 112:18 113:4 115:13 126:1 ,1 127:6 ,15 127:23 128:9 129:2 ,17,17 130:7 ,15 132:2,2 132:7 ,12,12,13 134:11 ,15 135:4 140:7 141:4 ,6,13 141:17 143:10 144:1 ,18 145:7 145:12 ,12,12,12 146:18 148:8,25 150:11 151:19 153:3 154:2 ,2 155:1 157:10 159:15 160:5 162:6 ,8,8 163:24 164:8 ,8,11 168:7 169:7 year 28:6 112:6 164:5 years 26:2 59:16 87:24 yesterday 9:20 88:24 z zero 123:14 zoom 8:18 124:24 [yeah - zoom] Page 39 Veritext Legal Solutions 303-988-8470 Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 84 of 86 Colorado Rules of Civil Procedure Chapter 4, Disclosure and Discovery Rule 30 (e) Review by Witness; Changes; Signing. If requested by the deponent or a party before completion of the deposition, the deponent shall be notified by the officer that the transcript or recording is available. Within 35 days of receipt of such notification the deponent shall review the transcript or recording and, if the deponent makes changes in the form or substance of the deposition, shall sign a statement reciting such changes and the deponent's reasons for making them and send such statement to the officer. The officer shall indicate in the certificate prescribed by subsection (f)(1) of this rule whether any review was requested and, if so, shall append any changes made by the deponent. DISCLAIMER: THE FOREGOING CIVIL PROCEDURE RULES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE ABOVE RULES ARE CURRENT AS OF APRIL 1, 2019. PLEASE REFER TO THE APPLICABLE STATE RULES OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION. Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 85 of 86 VERITEXT LEGAL SOLUTIONS COMPANY CERTIFICATE AND DISCLOSURE STATEMENT Veritext Legal Solutions represents that the foregoing transcript is a true, correct and complete transcript of the colloquies, questions and answers as submitted by the court reporter. Veritext Legal Solutions further represents that the attached exhibits, if any, are true, correct and complete documents as submitted by the court reporter and/or attorneys in relation to this deposition and that the documents were processed in accordance with our litigation support and production standards. 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Veritext requires adherence to the foregoing professional and ethical standards from all of its subcontractors in their independent contractor agreements. Inquiries about Veritext Legal Solutions' confidentiality and security policies and practices should be directed to Veritext's Client Services Associates indicated on the cover of this document or at www.veritext.com. Case No. 1:21-cv-02063-CNS-SBP Document 267-2 filed 10/13/23 USDC Colorado pg 86 of 86