- 117 -
The following colloquy ensued upon Mr. DeCastro's appearance
at the deposition, at a time when Mr. DeCastro had already
executed and delivered the initial Thompson settlement agreement
to Mr. McWade:
MR. McWADE: Let the record show that Mr. Luis
DeCastro from Los Angeles, who represents Mr. Thompson,
has arrived.
(Off the record.)
MR. MOSELEY: Not to stray from the subject, but I
could, for the record, find out, you represent Mr. --
MR. DeCASTRO: Thompson.
MR. MOSELEY: Thompson. He's one of the test
cases that were designated?
MR. McWADE: Yes.
MR. MOSELEY: I would just like for the record to
object to Mr. DeCastro's appearance here. And the
objection is on the basis that I have been informed
that Mr. DeCastro has informed at least some of the
petitioners' counsel that in fact they are planning to
settle Mr. Thompson's case, and if they are planning to
settle Mr. Thompson's case, then essentially his
appearance at a deposition of my client would not be
appropriate. I just want to enter that for the record.
And I'm going to go on, then, with the description of
what I was talking about in terms of the other
documents.
MR. McWADE: If we can take a break here, just so
I can advise Mr. DeCastro of where we are at this
point.
There is no further mention of the possible settlement of the
Thompson cases appearing in the transcript of the January 7,
1987, proceedings. As discussed below, Mr. Kersting eventually
was deposed in October 1988.
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