UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

ADRIAN LOFTON,

Plaintiff,

vs. Case No.3:08-cv-986-J-34HTS

FIDELITY NATIONAL INFORMATION SERVICES,N/K/A LENDER PROCESSING SERVICES, INC.

Defendant.

STATE OF FLORIDA )

COUNTY OF DUVAL )

The following is an excerpted portion of the

deposition of JAMES DORRIAN taken pursuant to Notice of

Taking Deposition, on behalf of the Plaintiff herein,

on Wednesday , February 4th, 2009, at 233 E. Bay

Street, Suite 1113, Jacksonville, Florida; commencing

at approximately 1:00 p.m., before Ginger Rowland

Besecker, Court Reporter and Notary Public in and for

the State of Florida at Large.

EXECUTIVE REPORTERS1113 Blackstone Building

Jacksonville, Florida 32202

ORIGINAL

12 A P P E A R A N C E S

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5 ADRIAN LOFTON, PRO SE

6 4269 Timuquana RoadJacksonville, Florida 32210

7Appearing on behalf of the Plaintiff

LATASHA GARRISON-FULLWOOD, ESQUIRE10 BRADLEY JOHNSON, Esquire

11 TAYLOR, DAY, CURRIE, BOYD & JOHNSON50 N. Laura Street, Suite 3500

12 Jacksonville, Florida 32202

13 Appearing on behalf of the Defendant

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EXECUTIVE REPORTERS, INC.904-355-7801/800-752-4202

1 (The following is the requested

2 excerpted portion of James Dorrian's

3 testimony:)

4 * * *

5 BY MR. LOFTON:

6 Q All right. Mr. Dorrian, is there any

7 particular reason why you sent the email to Mr. Punk?

8 A Because he's my supervisor I felt it

9 necessary to let him know that I had received feedback.

10 Q Okay. Going back to Exhibit H, which is

11 going to be Plaintiff's Reguest for Production. What I

12 need you to do is read it to yourself. Your attorney's

13 going to object to you reading it out loud. Could you

14 read that highlighted portion? Both P and Q.

15 A Okay.

16 Q Now, when you're signing off on is an

17 acknowledgement agreement, FNIS employee

18 acknowledgement agreement, and would those be in terms

19 and conditions inside the employee handbook — that's

20 what this is. Does it — are there terms in the

21 employee handbook that allow you to reach out over

22 password sharing or to address your concerns over

23 password sharing?

24 MS. GARRISON-FULLWOOD: Objection to form.

25 MR. LOFTON: All right. What's wrong

EXECUTIVE REPORTERS, INC.904-355-7801/800-752-4202

1 with the form?

2 MS. GARRISON-FULLWCOD: It's vague.

3 BY MR. LOFTON:

Q Would you read the first — would you read

5 just this first sentence for me?

6 A P?

7 Q Yes.

A "Employees should never access any technical

resources using another employee's password."

10 Q Okay. And, again, that's part of the FNIS

11 employee handbook. For the record.

12 Did you receive a response from Dave Funk?

13 MS. GARRISON-FULLWOOD: Objection to form.

14 MR. LOFTON: What's wrong with the form?

15 MS. GARRISON-FULLWOOD: A response

16 regarding what?

17 BY MR. LOFTON:

18 Q A response regarding the email you sent —

19 sorry about that, the email that you sent August 22nd

to Mr. Funk. Let's go back, it's going to be Exhibit

C/Dorrian, Bate stamp no. 146. This email that you

sent to Mr. Dorrian — I mean, Mr. Funk, did you

receive a response from Mr. Funk?

A Not an email response.

Q Not an email response? All right. In that

EXECUTIVE REPORTERS, INC.904-355-7801/800-752-4202

1 email you addressed Michael Cloin here at one point in

2 time. Would you like me to — so did you contact

3 Michael Cloin?

4 A Dave Funk advised me to set up a meeting with

5 Michael Cloin and two other individuals.

6 Q Set up a meeting with Michael Cloin and two

7 other individuals? Do you recall these two other

8 individuals.

9 A Bill Newland and Chris Hymer.

10 Q Bill Newland and Chris Hyrrer. And you were

11 to set up the meeting and you were to attend the

12 meeting with Bill Newland and Chris Hymer?

13 MS. CARRISON-FULLWOOD: Objection to

14 form.

15 BY MR. LOFTON:

16 Q All right. Did you set that meeting up?

17 A Yes.

18 Q All right. Did you attend that meeting?

19 A Yes.

20 Q Is there any documentation for this meeting?

21 MS. GARRISON-FULLWCOD: Objection to

22 form.

23 BY MR. LOFTON:

24 Q Were any notes taken at this meeting?

25 MS. GARRISON-FULLWOOD: Objection to

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form.

BY MR. LOFTON:

Q What did you discuss during this meeting?

A We discussed the subject during this meeting.

Q Okay.

A Although the only person present was Chris

Hymer.

Q All right. Chris Hymer was the only person

present. So it was just you and Chris Hymer?

A And Cave Funk.

Q And Dave Funk.

* * *

(Conclusion of excerpted testimony.)

EXECUTIVE REPORTERS, INC.904-355-7801/800-752-4202

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C E R T I F I C A T E

STATE OF FLORIDACOUNTY OF DUVAL

I was authorized to and did stenographically report the

foregoing deposition; and that the transcript is a true

record of the requested excerpted testimony given by

the witness.

I further certify that I am not a relative,

employee, attorney or counsel of any of the parties,

nor am I a relative or employee of any of the parties'

attorneys or counsel connected with the action, nor am

I financially interested in the action.

WITNESS my hand and official seal at Jacksonville,

Duval County, Florida, this j^ day of //Ue^A.

2009.

GINGER ROWLAND BESECKERNotary Public - State of FloridaMy Commission No. DD 619332My Commission expires: December 3, 2010

EXECUTIVE REPORTERS, INC.904-355-7801/800-752-4202