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Kleiman-Wright Discovery Meeting Transcript
Kleiman-Wright Discovery Meeting Transcript
11 HEARING
TRANSCRIBED FROM DIGITAL AUDIO RECORDING
12 BEFORE THE HONORABLE BRUCE E. REINHART
UNITED STATES MAGISTRATE JUDGE
13
APPEARANCES:
14
FOR THE PLAINTIFF(S): DEVIN FREEDMAN, ESQ.
15 BOIES SCHILLER FLEXNER, LLP
100 SE 2nd Street
16 Miami, FL 33131
(305) 357-8438
17 [email protected]
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1 APPEARANCES (CONT'D)
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1 Thereupon,
4 Please be seated.
8 Craig Wright.
16 plaintiff? Go ahead.
18 Flexner.
2 defense?
5 Anybody else?
9 better.
12 that.
16 and I did go back as well and review the prior joint discovery
21 may have one or two questions at the end that I may ask of you.
6 assess today.
13 defenses you may have and any claims they may have. But if
18 respond.
4 just need to know what the answer is. I don't really care one
5 way or the other. I just want to make sure I'm with you.
2 side that kind of within the, whatever the overall topic was,
3 within that certain statements and documents may exist that are
7 Ms. Markoe.
11 sometime in the tax, I think the tax year 2009, 2010, and
13 Dr. Wright was involved with. And to the extent that any of
19 produced.
21 think as I read this, that was what Dr. Wright says was -- I'm
23 the generic sense between Dr. Wright and Mr. Kleiman to set up
24 a Bitcoin exchange.
1 be?
8 currencies.
14 aware of.
16 Dr. Wright located Dave Kleiman's heirs where Dr. Wright held
17 Dave Kleiman's shares in trust for those heirs, and then upon
18 finding the heirs provided those shares and turned those shares
2 W&K and Coin Exchange with the transfer of Bitcoin. Can you
19 the --
2 litigation.
7 S.
22 version of what this all is, but I will let you explain to me
1 the ATO investigation is that we're not exactly sure what they
2 were exact -- well, the ATO, from what we have, the information
3 we have, the ATO was investigating R&D credits that had been
6 the R&D by reference to work he had done with Dave Kleiman and
15 investigations unit.
12 the fact that Dr. Wright claims that he died with a fortune of
12 the case.
14 motion you need to file with Judge Bloom based upon that
10 "Dave's documents."
16 gears.
20 because there was some legacy documents that still hit on the
4 court wants more, I'm sure Mr. Roche can speak to that.
12 electronic media.
18 was Ira Kleiman because the collection took place from Ira
19 Kleiman.
21 that any document that was last modified prior to the date of
8 respect to what they are doing in the case, but it is March 26,
9 2019. Dave died on April 26, 2013. Many years have gone by
11 this date.
14 received so far.
2 including junk mail, Craig's List, CoRA Forum, things that are
12 though we have the images with our experts, that isn't content
21 we're talking about are 70,000 documents, OK, we know that the
6 June 10th discovery deadline. While I know that there has sort
13 what we're finding, your Honor, and I'm taking advantage of the
24 your Honor.
4 reverse.
7 The search terms that the plaintiff has been handing over show
23 commingled.
25 all data as before X date and probably hand that over. I don't
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3 but plaintiff has a similar concern that they are in the dark.
5 with her and try to get her that information. To the extent --
7 deliver. But I think I can deliver all this and I don't have a
12 period.
3 case, we talked about Dave Kleiman, W&K, and that's what we're
19 THE COURT: But when did Judge Bloom deny the motion
21 really the operative date for discovery purposes. When was the
3 years. Let's use the right time frame when you talk about who
5 effort to produce.
7 but we already have concerns, your Honor, about not having the
17 cutoff or, as I mentioned before you can consent the case and
22 Let's find everything, which I think you have all done and done
23 relatively quickly.
25 doing the searches which produces now this universe which gets
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9 every day, that gets over the hurdle. That gets out of the
10 review box and into the production box. Maybe it's every 24
15 that process so we don't sit and wait and now you get 20,000
16 documents the end of next week when you could have gotten 3,000
19 tight time frame and you've got teams reviewing, the parties
24 parties to do that.
8 sort of thing.
10 sides to prioritize.
14 everybody would agree more likely than not are not privileged
16 provision in place.
22 Mr. Roche and Mr. Kass were three hours on the phone yesterday
17 done to its finality within ten days, but we can set another
22 start.
25 request --
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4 ahead.
12 counts that we can say, please, run these search terms first
19 Ads, Craig's List ads, CoRA Forum reviews. So that the next
22 their claims.
9 the search terms that have been agreeable to both sides. Start
12 the prioritization.
22 you away from doing the other important things that I think
11 time.
17 mind. The case law says that the opposing party under Rule
2 and what plaintiff said was, well, technically the dates we're
6 once.
9 believe by the defendant and their response date has not every
12 production that touch on Mr. Paige and Mr. Conrad because there
13 was discussion between the defendant and Mr. Paige after the
20 yes, the defendant only needs to ask them about what happened
25 relationship between Mr. Paige and Mr. Conrad and the defendant
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5 from how they want to depose them, I will give you leave to
7 get your documents and take Mr. Paige and Mr. Conrad's
8 deposition once you get your documents and they want to take
12 are local. They are here in West Palm Beach. If that's how it
2 Maybe Ms. Markoe can testify to represent how many have been
3 produced.
21 that's Judge Bloom, not me. But I will tell both parties if
22 Judge Bloom asks me, I will tell her that I have been doing
24 can to move the case forward, but both sides recognize -- this
2 does -- I will truthfully tell her that you all are trying
6 But I will tell Judge Bloom the truth of the matter, which is
7 the parties have not been sitting on their hands. I know that
8 much.
15 Mr. Conrad?
22 Lauderdale for magistrate judges and they had someone there who
24 in San Diego, and they talked about how Qualcomm, the initial
5 used 80.
20 Honor.
14 intellectual property.
22 why this is relevant. The first is, plaintiff has the burden
25 profit.
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2 one had access besides Dave Kleiman and Craig Wright, it helps
7 witnesses and to know that they exist so it can defend its case
11 for profit.
21 access to the computers and servers that were used to mine the
9 that the use of an e-mail address or, frankly, even the use of
17 or otherwise.
19 I will say this. They are going to London. They are going to
23 deposition. That hopefully will shut the door and not open
3 identified and that has the imprimatur of your Honor that they
10 inappropriate.
15 But I think they don't have to wait that long if they don't
2 a date by when --
22 should say Dr. Wright does not maintain e-mail messages as long
1 OK.
9 issue is here and your theory again as to why you should get
13 the dark. Plaintiffs have two basic asks here. One is give us
20 addresses.
13 e-mails Dr. Wright used during the relevant period and then you
14 want them to identify any other e-mails that Dr. Wright used
18 platforms.
1 designated it confidential.
2 May I?
5 thought I was pretty good with Signal, but I've been lapped.
10 Bitmessage account.
17 the record?
20 Dave Kleiman, and then if the court looks at the topics -- may
21 I just --
1 alleged hold the Bitcoin that they are entitled to, and so
3 through, you can see there are just many, many. This was not
6 It's just --
9 didn't know about it, but they turned it over anyway. So let's
5 messages.
8 e-mails and those e-mails, to the extent they are relevant, are
9 being produced.
14 format they are going to provide that. Certainly you can probe
17 I guess the ask here, and this relates to I guess the next
18 issue, we're just trying to wrap our hands around the universe
20 collected.
24 our production down like the court asked. But we're not
3 just get barred. You know, we can't tell you that, we're not
4 going to tell you that. Then we have to raise it here and they
6 reports. No. And then we come to the court and the court says
1 what has been collected. And further, I would say that every
2 single search term hit request that they have requested has
8 second.
10 2 --
5 review and prioritizing the actual binders that were the first
6 set of the production to make sure that they got the most
10 order?
14 with that when the time comes, but I didn't know that. Are
25 the case. I don't even understand what that means. How can
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12 the relevant information that would have been from those e-mail
3 both sides saying is I don't really know what the other side
7 would be, all right, you just sent us whatever this was, your
9 accounts for it. Where did these PST files come from, which of
10 these many devices did the PST file come off of, and how many
15 feel like they just don't know what the other side has, please
16 don't make me order you to sit down and talk to each other and
17 make full disclosure of what you have and what you are looking
19 exchanged.
5 get to the heart of the matter and drill down on what really
9 faith. But at the end of the day it's not that we don't know
19 explained this.
24 you're not around, we are just kind of the gerbil on the wheel.
1 efficient, because Judge Bloom may not move this date and we
2 all need to prosecute and defend our claims. So what our ask
5 sit down -- not at 5,000 meet and confers, but just on one. It
10 amended answers on the eve and we took that out. I don't think
17 said, that the parties should meet and confer and have a robust
18 meet and confer before you put together this memo and before
25 you have to use them. If you haven't had time to meet and
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7 good faith and there are a lot of complicated issues that need
13 here. Trust me. I see both sides are working through a very
16 Mr. Freedman.
20 MR. FREEDMAN: I'm more than happy to try and sit down
10 can know what they are, we can prepare for the deposition. We
11 have been met with you can ask our client at deposition, we're
20 minute.
22 can identify the dispute, please give us a list of all ESI that
25 from Australia, tell us. If the answer is you have got from
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6 and that is why this court's hearings have been very helpful.
10 any problem just identifying whether Dr. Wright has ever used
15 an e-mail address that Dr. Wright has used at some point in the
16 past.
24 there are other e-mail addresses here, I'm not saying if you
5 that they know that either Mr. Kleiman or Dr. Wright used
6 during the relevant time period. Just so you both know what
10 exchange of information.
15 in a second.
22 that these companies and trusts don't involve Dave Kleiman and
25 Kleiman.
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6 your Honor.
11 they have done a reasonable and diligent search and that the
23 THE COURT: In D.
10 right now is that the ESI that is disclosed and that we have
14 transportation.
22 One of the things that we can say and that I can say,
23 and this sort of goes back a little bit to C so I'm not trying
25 anyway --
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7 look at those.
22 produced and then they are going to say, oh, well, there's
8 asking for the list of what you've done and what you haven't
10 which brings us to C.
18 wasn't exactly sure where some of these hard drives came from
22 are most interested in, and I think what Ms. Markoe said is
11 and to the extent that my attorneys have any documents from any
13 33-3.
17 before.
20 documents.
5 that Dr. Wright made to the court swearing that he never had
9 has shown stock registers of W&K that show that Dr. Wright did
11 So --
19 that he and Ms. McGovern and Ms. Markoe apparently gave you
24 to impeach him with all these prior statements, you will have a
25 good time trying to do that. But I'm focused now on what are
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7 documents and that based on what they can figure out, the
10 word. I don't mean to cut you off, but let me hear from
11 Ms. McGovern.
13 integrity of my client?
16 today.
23 decide.
7 issue. If you are not talking about the companies and the
12 obviously barring any past dues, but that is not the issue.
17 have the legal right and it's within our custody and control to
19 we'll get back to you. But in the meantime, please know we are
3 I found out two days ago the final word, and here's
7 we are.
10 well.
17 United States law or Australian law, but I'm not talking about
6 bull and the dart going to the same place and maybe we just
10 etc.
16 defendant has gone from one extreme to the other, saying in the
17 first instance that he has nothing from the ATO and now saying
18 that he has so much from the ATO that going to his Australian
25 lawyers.
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10 accountants.
20 exists.
25 saying they have not done so. Let the record be clear. I am
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3 order them to do. I am not going to order them that they have
7 Australian accountants.
10 have learned the lesson sometimes you can rely on your client
13 engaged in. You can certainly inquire of all of this when you
4 to pick that date for something else, if you could just provide
18 don't know.
3 with search terms, guys? You know this case. I don't know
5 search terms you have to have and what search terms you don't.
12 to be five pages long and not continue to ask for more pages, I
13 called and asked whether we were going to bring the search term
17 using search terms and we are doing hit counts and we are not
18 deciding whether that hit count or that search term has any
21 triggering such a high hit count that in our cursory review the
4 perusing with all your other search terms, table that search
6 it's been my experience that this has been very helpful, and
8 some of these really big ESI cases, this is the way we've
9 resolved it, which is, if you find documents that suggest that
10 your other search term, which had a whole bunch of hits that
12 waste in effort and money, come back, explain I just saw this
25 are many Dave's that were in Craig's life. There are Davises
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1 that were in Craig's life. Because they don't want just Dave
5 entitled to because the facts are what they are. That is the
9 they are.
11 get them the most targeted stuff. Rather than dumping a bunch
18 work to go in and test some of these terms out and they just
19 don't work.
22 Mr. Kass.
25 speak with Ms. McGovern. The term that was disputed was info
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8 broad and they have said that they dispute that and will be
2 to referee this issue, I'm going to tell you how I'm going to
4 order and I am going to pick one. The way that I pick it may
6 So you all can work this out like the grownups that
10 do tar, but I will make the decision for you. You won't like
13 resolved.
15 just both sides' search terms, that both sides resolve all
22 last go-around.
2 the appendix. I think all those issues are best dealt with
11 deposition.
20 was the loan for, how much was it, when did it occur, did it
22 move on.
1 level.
3 I was saying a second ago about the Australian tax office and
9 themselves once you all get the search terms resolved, I would
10 think.
12 something.
15 ways.
22 clarification.
13 that's what is relevant. Whether what Dr. Wright did with the
16 that he hid from the Australian tax office and had nothing to
2 Dave Kleiman or W&K and plaintiffs say, well, there are other
7 hard for me to look into a vacuum that I don't know. But, for
9 W&K into another entity ABC, then clearly ABC becomes relevant
14 You are all grownups. You know what I'm saying here
16 think you all are that far apart on this. Again, I think this
2 that's relevant.
17 conversation between Craig and/or his agents and the ATO that
20 entities that Dr. Wright has sworn were relevant to the case in
23 that.
25 objection to that being the scope of what you will look for?
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9 references Dave Kleiman or any trust which Dave Kleiman had any
12 also WKID, and that's what we're -- those are the topics that
15 that Dave Kleiman was involved in, they're getting that too.
21 THE COURT: But how do you deal with the fact that
2 affidavit.
4 what he said.
9 to order.
13 THE COURT: 36, 37, all the ones relating to the ATO.
18 on.
20 to these entities.
22 entities.
1 think is here.
3 the last meeting Mr. Rivero said, Ms. McGovern, you were the
9 Satoshi affair.
11 this is.
18 receives a call letting him know that the person on the other
19 end of the line had been contracted to sell the life rights of
1 says.
14 this court that suggests that the documents that they have
19 there's something that comes out of that that makes the Dave
21 partnership sound.
5 he's been cut out. I don't know what they're going to say.
15 today.
18 who made these representations and he was the one who talked to
25 him about Satoshi in the early assessment, and that will be the
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2 come to the court and then the English courts multiple times.
13 Dr. Wright was supposed to come forward and prove that he was
17 You can ask Dr. Wright about all this when you depose
18 him and depending on his answers, we will take the next step at
23 today?
6 full process you need to go through and not giving you enough
9 date just to have it on the calendar but that either side can
12 a situation where one side or the other feels like why are you
18 cancel them. And if it turns out you need me, we can get you
21 have a call?
19 on April 5th.
21 overseas?
23 Friday, I believe.
25 flight.
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16 earlier in the day in London? If you wait until the end of the
21 Savings Time.
23 Florida time?
25 Florida time.
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7 you.
9 you are going to need me because you are going to resolve all
15 a.m.
18 court is available --
20 and a half hours into the deposition with lunch and everything
11 after I rule.
15 everything --
17 me --
19 you do need us, I'm not sure -- if the court orders it, the
21 THE COURT: No. I want to work with you all, but I'm
23 fly back until the 5th. Then the deposition of Ira Kleiman is
2 I mean --
6 last time.
9 time.
18 But maybe you don't need it. If you don't need it, you don't
19 need it.
3 the questions I'm going to ask you. I always ask what you
7 spend the time talking to each other rather than writing joint
9 But that all being said, let's just set another date
11 on the calendar. How about the 11th? How about Thursday, the
12 11th? That will give you a chance to take Ira Kleiman's depo,
18 balance it.
20 you took the train so you will have a nice relaxing trip back
9 is on that.
11 motion in a while --
22 that.
4 items on his tax returns and did other untoward things with the
12 with all the estate's assets, what did you report, and we have
13 agreed to give the tax returns to the estate just to get that
16 done with the estate, what was communicated about the estate.
19 if that is stricken.
1 go away.
4 action brought by the estate, and how the estate was handled
6 basis for the claims. This is a claim that was brought many,
14 whether they were pursued in the probate, why these claims are
19 doesn't.
23 have a sense of that one way or the other. But I have heard
24 you on that.
2 with?
11 simply by applying the law under Rule 12, which is what I have
17 doesn't mean the defendants are going to get all the discovery
19 want to make.
2 THE COURT: All right. Well, thank you all very much.
3 We will be in recess.
4 (Adjourned)
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C E R T I F I C A T E