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Sample loaded: Condensed 4-up. 5 pages (61–65), 25 lines per page: 2 items to review. Your own file: 1 file per day, up to 10 pages, no account.

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Page 61
  1. Q. Turning to the March 9 load out of Dock
  2. 7, who assigned the trailer?
  3. A. Dispatch did, based on what was
  4. available at the time.
  5. Q. Do you know whether that trailer had
  6. been pre-cooled?
  7. A. I do not know that from personal
  8. knowledge. The yard checklist would
  9. show it.
  10. Q. Let me hand you what has been marked as
  11. Exhibit 4. Is that the yard checklist?
  12. A. It looks like the checklist for Dock 7,
  13. yes.
  14. Q. Please read the entry for trailer 5521.
  15. A. It says pre-cool complete, forty-one
  16. degrees, initialed by the yard lead.
  17. Q. Forty-one degrees is above the range
  18. you described a few minutes ago,
  19. correct?
  20. MR. BAKER: Objection. Form. The document
  21. speaks for itself.
  22. THE WITNESS: The range is for transit.
  23. Pre-cool targets are a
  24. separate instruction.
  25. Q. Where is that separate instruction
Page 62
  1. written down?
  2. A. In the yard procedures manual. I
  3. believe it is section six.
  4. Q. Have you brought the yard procedures
  5. manual with you today?
  6. A. No. I was not asked to.
  7. (Exhibit 4 was marked for identification.)
  8. Q. After the trailer left Dock 7, who
  9. monitored the temperature?
  10. A. The reefer unit logs it automatically,
  11. and the driver is supposed to check the
  12. display at each stop.
  13. Q. Did the driver report any alarm on that
  14. trip?
  15. A. Not that I am aware of.
  16. Q. Would you expect to be told if there
  17. were an alarm?
  18. A. I would expect dispatch to tell me if a
  19. load was in jeopardy.
  20. Q. And was anyone from Harbor Point told
  21. that the load was in jeopardy?
  22. A. I do not believe so, because at that
  23. point we did not think it was.
  24. Q. When did you first learn the load had
  25. been rejected at delivery?
Page 6324 of 25 lines
  1. A. The afternoon of March 11. The customer
  2. called our account manager.
  3. Q. What did you do after that call?
  4. A. I asked for the reefer download and the
  5. driver logs so we could see what
  6. happened.
  7. Q. Did you receive them?
  8. A. The download came the next morning. The
  9. driver logs took longer.
  10. Q. How much longer?
  11. A. About a week, as I recall.
  12. Q. Did anyone tell you why it took a week
  13. to locate the driver logs?
  14. A. They said the driver had changed
  15. carriers and the paperwork had to be
  16. tracked down.
  17. [line not extracted]
  18. you get to a stopping point.
  19. Q. One more question and then we can
  20. break. Who at Northgate approved the
  21. rejection credit?
  22. A. I did, along with our finance lead,
  23. after reviewing the reefer download.
  24. (Recess taken from 11:42 a.m. to 11:55 a.m.)
  25. (Exhibit 5 was marked for identification.)
Page 64duplicate copy dropped
  1. Q. Do you recognize the format of Exhibit
  2. 5?
  3. A. That is the standard reefer download.
  4. It lists the set point and the return
  5. air reading every fifteen minutes.
  6. Q. Please look at the readings beginning
  7. at 6:15 on the morning of March 10.
  8. A. The return air starts at thirty-nine
  9. degrees and climbs to forty-six by
  10. 9:30.
  11. Q. Is forty-six degrees within the range
  12. you described earlier?
  13. MR. BAKER: Objection. Asked and answered.
  14. A. No. It is above the range.
  15. Q. Do you have an explanation for why the
  16. return air climbed?
  17. A. The unit may have been cycling into
  18. defrost. That would be consistent with
  19. the pattern.
  20. Q. Do you know that, or are you
  21. speculating?
  22. A. I am inferring from the pattern. I have
  23. not spoken to the technician.
  24. Q. Has a technician examined the unit?
  25. A. It went to the shop on March 14. I have
Page 65
  1. not seen the work order.
  2. Q. Who would have the work order?
  3. A. Fleet maintenance, which reports to me.
  4. Q. So you could have obtained it?
  5. A. I could have asked for it. I did not.
  6. Q. Why not?
  7. A. Because by then our counsel had told us
  8. to preserve everything and route
  9. requests through legal.
  10. MR. BAKER: I am going to instruct the
  11. witness not to disclose the
  12. substance of communications with
  13. counsel.
  14. Q. I am not asking for the substance. I am
  15. asking when you received the
  16. preservation instruction.
  17. A. March 18.
  18. Q. Between March 11 and March 18, did
  19. anyone delete or overwrite data from
  20. the reefer unit?
  21. A. Not to my knowledge.
  22. Q. Did anyone take steps to confirm that?
  23. A. Not before March 18, no.
  24. Q. After March 18, what steps were taken?
  25. A. Legal sent a hold notice and IT
# Transcript

Cite as Dep. page:line, for example Dep. 45:12–46:3. Pages 61–65, 25 numbered lines per page. Converted from a PDF by software: check every quotation against the certified transcript before you rely on it. 2 continuity checks need review.

## Page 61

61:1 Q. Turning to the March 9 load out of Dock
61:2 7, who assigned the trailer?

61:3 A. Dispatch did, based on what was
61:4 available at the time.

61:5 Q. Do you know whether that trailer had
61:6 been pre-cooled?

61:7 A. I do not know that from personal
61:8 knowledge. The yard checklist would
61:9 show it.

61:10 Q. Let me hand you what has been marked as
61:11 Exhibit 4. Is that the yard checklist?

61:12 A. It looks like the checklist for Dock 7,
61:13 yes.

61:14 Q. Please read the entry for trailer 5521.

61:15 A. It says pre-cool complete, forty-one
61:16 degrees, initialed by the yard lead.

61:17 Q. Forty-one degrees is above the range
61:18 you described a few minutes ago,
61:19 correct?

61:20 MR. BAKER: Objection. Form. The document
61:21 speaks for itself.

61:22 THE WITNESS: The range is for transit.
61:23 Pre-cool targets are a
61:24 separate instruction.

61:25 Q. Where is that separate instruction

## Page 62

62:1 written down?

62:2 A. In the yard procedures manual. I
62:3 believe it is section six.

62:4 Q. Have you brought the yard procedures
62:5 manual with you today?

62:6 A. No. I was not asked to.

62:7 (Exhibit 4 was marked for identification.)

62:8 Q. After the trailer left Dock 7, who
62:9 monitored the temperature?

62:10 A. The reefer unit logs it automatically,
62:11 and the driver is supposed to check the
62:12 display at each stop.

62:13 Q. Did the driver report any alarm on that
62:14 trip?

62:15 A. Not that I am aware of.

62:16 Q. Would you expect to be told if there
62:17 were an alarm?

62:18 A. I would expect dispatch to tell me if a
62:19 load was in jeopardy.

62:20 Q. And was anyone from Harbor Point told
62:21 that the load was in jeopardy?

62:22 A. I do not believe so, because at that
62:23 point we did not think it was.

62:24 Q. When did you first learn the load had
62:25 been rejected at delivery?

## Page 63

63:1 A. The afternoon of March 11. The customer
63:2 called our account manager.

63:3 Q. What did you do after that call?

63:4 A. I asked for the reefer download and the
63:5 driver logs so we could see what
63:6 happened.

63:7 Q. Did you receive them?

63:8 A. The download came the next morning. The
63:9 driver logs took longer.

63:10 Q. How much longer?

63:11 A. About a week, as I recall.

63:12 Q. Did anyone tell you why it took a week
63:13 to locate the driver logs?

63:14 A. They said the driver had changed
63:15 carriers and the paperwork had to be
63:16 tracked down.
63:17 [line not extracted]
63:18 you get to a stopping point.

63:19 Q. One more question and then we can
63:20 break. Who at Northgate approved the
63:21 rejection credit?

63:22 A. I did, along with our finance lead,
63:23 after reviewing the reefer download.

63:24 (Recess taken from 11:42 a.m. to 11:55 a.m.)

63:25 (Exhibit 5 was marked for identification.)

## Page 64

64:1 Q. Do you recognize the format of Exhibit
64:2 5?

64:3 A. That is the standard reefer download.
64:4 It lists the set point and the return
64:5 air reading every fifteen minutes.

64:6 Q. Please look at the readings beginning
64:7 at 6:15 on the morning of March 10.

64:8 A. The return air starts at thirty-nine
64:9 degrees and climbs to forty-six by
64:10 9:30.

64:11 Q. Is forty-six degrees within the range
64:12 you described earlier?

64:13 MR. BAKER: Objection. Asked and answered.

64:14 A. No. It is above the range.

64:15 Q. Do you have an explanation for why the
64:16 return air climbed?

64:17 A. The unit may have been cycling into
64:18 defrost. That would be consistent with
64:19 the pattern.

64:20 Q. Do you know that, or are you
64:21 speculating?

64:22 A. I am inferring from the pattern. I have
64:23 not spoken to the technician.

64:24 Q. Has a technician examined the unit?

64:25 A. It went to the shop on March 14. I have

## Page 65

65:1 not seen the work order.

65:2 Q. Who would have the work order?

65:3 A. Fleet maintenance, which reports to me.

65:4 Q. So you could have obtained it?

65:5 A. I could have asked for it. I did not.

65:6 Q. Why not?

65:7 A. Because by then our counsel had told us
65:8 to preserve everything and route
65:9 requests through legal.

65:10 MR. BAKER: I am going to instruct the
65:11 witness not to disclose the
65:12 substance of communications with
65:13 counsel.

65:14 Q. I am not asking for the substance. I am
65:15 asking when you received the
65:16 preservation instruction.

65:17 A. March 18.

65:18 Q. Between March 11 and March 18, did
65:19 anyone delete or overwrite data from
65:20 the reefer unit?

65:21 A. Not to my knowledge.

65:22 Q. Did anyone take steps to confirm that?

65:23 A. Not before March 18, no.

65:24 Q. After March 18, what steps were taken?

65:25 A. Legal sent a hold notice and IT
CiteSpeakerText
QTurning to the March 9 load out of Dock 7, who assigned the trailer?
ADispatch did, based on what was available at the time.
QDo you know whether that trailer had been pre-cooled?
AI do not know that from personal knowledge. The yard checklist would show it.
QLet me hand you what has been marked as Exhibit 4. Is that the yard checklist?
AIt looks like the checklist for Dock 7, yes.
QPlease read the entry for trailer 5521.
AIt says pre-cool complete, forty-one degrees, initialed by the yard lead.
QForty-one degrees is above the range you described a few minutes ago, correct?
MR. BAKERObjection. Form. The document speaks for itself.
THE WITNESSThe range is for transit. Pre-cool targets are a separate instruction.
QWhere is that separate instruction written down?
AIn the yard procedures manual. I believe it is section six.
QHave you brought the yard procedures manual with you today?
ANo. I was not asked to.
—(Exhibit 4 was marked for identification.)
QAfter the trailer left Dock 7, who monitored the temperature?
AThe reefer unit logs it automatically, and the driver is supposed to check the display at each stop.
QDid the driver report any alarm on that trip?
ANot that I am aware of.
QWould you expect to be told if there were an alarm?
AI would expect dispatch to tell me if a load was in jeopardy.
QAnd was anyone from Harbor Point told that the load was in jeopardy?
AI do not believe so, because at that point we did not think it was.
QWhen did you first learn the load had been rejected at delivery?
AThe afternoon of March 11. The customer called our account manager.
QWhat did you do after that call?
AI asked for the reefer download and the driver logs so we could see what happened.
QDid you receive them?
AThe download came the next morning. The driver logs took longer.
QHow much longer?
AAbout a week, as I recall.
QDid anyone tell you why it took a week to locate the driver logs?
A gapThey said the driver had changed carriers and the paperwork had to be tracked down. [line not extracted] you get to a stopping point.
QOne more question and then we can break. Who at Northgate approved the rejection credit?
AI did, along with our finance lead, after reviewing the reefer download.
—(Recess taken from 11:42 a.m. to 11:55 a.m.)
—(Exhibit 5 was marked for identification.)
QDo you recognize the format of Exhibit 5?
AThat is the standard reefer download. It lists the set point and the return air reading every fifteen minutes.
QPlease look at the readings beginning at 6:15 on the morning of March 10.
AThe return air starts at thirty-nine degrees and climbs to forty-six by 9:30.
QIs forty-six degrees within the range you described earlier?
MR. BAKERObjection. Asked and answered.
ANo. It is above the range.
QDo you have an explanation for why the return air climbed?
AThe unit may have been cycling into defrost. That would be consistent with the pattern.
QDo you know that, or are you speculating?
AI am inferring from the pattern. I have not spoken to the technician.
QHas a technician examined the unit?
AIt went to the shop on March 14. I have not seen the work order.
QWho would have the work order?
AFleet maintenance, which reports to me.
QSo you could have obtained it?
AI could have asked for it. I did not.
QWhy not?
ABecause by then our counsel had told us to preserve everything and route requests through legal.
MR. BAKERI am going to instruct the witness not to disclose the substance of communications with counsel.
QI am not asking for the substance. I am asking when you received the preservation instruction.
AMarch 18.
QBetween March 11 and March 18, did anyone delete or overwrite data from the reefer unit?
ANot to my knowledge.
QDid anyone take steps to confirm that?
ANot before March 18, no.
QAfter March 18, what steps were taken?
ALegal sent a hold notice and IT

5 pages (61–65), 25 lines per page: 2 items to review

  • p. 64 Page 64 appears 2 times with identical text. The extra copy was dropped.
  • p. 63 Page 63 has 24 of 25 lines (line 17 not extracted).
  • Page numbers were read from the top of each page.
  • Layout looks condensed: 5 transcript pages on 2 PDF pages.
Pages found
5 (61–65)
Layout
condensed (5 transcript pages on 2 PDF pages)
Page numbers
5 read from the page (top of page), 0 inferred
Lines per page
25
Turns indexed
66 (30 Q, 29 A, 4 colloquy, 3 notes)
Not in turns index
none
Headers/footers removed
“Smith, John A. 06/14/2024”
Deponent
not found on a caption page

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Layout looks condensed: 5 transcript pages on 2 PDF pages.

The two items it asked a person to review:

  • Page 64 appears 2 times with identical text. The extra copy was dropped.
  • Page 63 has 24 of 25 lines (line 17 not extracted).

Page 63 as written, with line 17 held by its placeholder:

63:15 carriers and the paperwork had to be
63:16 tracked down.
63:17 [line not extracted]
63:18 you get to a stopping point.

The page headings of the result. Page 64 appears once, because the identical second copy was dropped:

## Page 61
## Page 62
## Page 63
## Page 64
## Page 65

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