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In The Matter Of:

Caffrey vs. Gladwin Community Schools, et al.

ERIC DION May 29, 2013

Mid-Michigan Reporting LLC 1606 W Carpenter St Midland MI 48640

(989)835-9171

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ERIC DION - May 29, 2013

   

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STATE OF MICHIGAN

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IN THE CIRCUIT COURT FOR THE COUNTY OF GLADWIN

 

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PHILIP CAFFREY,

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Plaintiff/Counter-Defendant,

 

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vs.

File No. 12-6665-CZ

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GLADWIN COMMUNITY SCHOOLS, GLADWIN COMMUNITY SCHOOLS BOARD OF EDUCATION,

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SALLY HIGHTOWER, KELLY GOWER, GREG ALWARD, TREVOR GRAVELLE, BRAD WITHROW,

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LISA SCHWAGER, LINDA WINARSKI, RICK SEEBECK, JULIE A. SHEARER, jointly

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and severally,

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Defendants/Counter-Plaintiffs.

 
 

/

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DEPOSITION OF: ERIC DION

 

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May 29, 2013, at 1:45 p.m.

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401 West Cedar Avenue, Gladwin, Michigan

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APPEARANCES:

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For Plaintiff/ Counter-Defendant:

CLINE CLOSE DYER BY: KURT N. HANSEN (P14622)

 

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For Defendants/

O'NEILL WALLACE & DOYLE BY: DAVID A. WALLACE (P24149)

 

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Counter-Plaintiffs:

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ALSO PRESENT:

PHILIP CAFFREY BRADLEY WITHROW

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Reported by:

DIANE KRAYNAK, RPR, CRR, CM, SCC

 

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Certified Shorthand Reporter 2122

(989)835-9171

Fax: (989)835-6064

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Mid-Michigan Reporting LLC (989)835-9171

ERIC DION - May 29, 2013

   

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EXAMINATION INDEX

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PAGE

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Examination By Mr. Hansen

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EXHIBIT INDEX

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(No exhibits marked.)

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ERIC DION,

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having been first duly sworn,

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testified on his oath as follows:

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ERIC DION - May 29, 2013

   

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EXAMINATION

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BY MR. HANSEN:

 

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Q

Would you state your name, please.

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A

Eric Dion.

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Q

And how old are you?

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A

40.

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Q

You're a member of the Gladwin School Board?

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A

Yes.

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Q

And how long have you been a member?

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A

January. Mid January.

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Q

You were just recently elected then?

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A

Yes.

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Q

Okay. Were you at the meeting on December 24th?

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A

No.

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Q

So the first meeting you were at would've been, I believe,

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January 14th, at the organizational meeting?

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A

I believe somewhere around there I was sworn in, yes.

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Q

Okay. Do you have any knowledge about any protective order

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that was being sought in this case?

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A

No.

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Q

Anybody talk to you about that at all?

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A

No.

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Q

Was there a procedure or system set up that, if Mr. Caffrey

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talked to you, that you were to report this to Mr. Seebeck?

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A

No.

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ERIC DION - May 29, 2013

   

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Q

No? In fact, you did e-mail him about a meeting that you

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had with Mr. Caffrey, right?

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A

Yes.

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Q

Was there anything out of line, as far as you were

 

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concerned, concerning that meeting that you had with him?

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A

No.

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Q

Apparently you went over -- you were over at the sandwich

 

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shop and he came over and told you that there was something

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he wanted to talk to you about and asked you to come down to

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his office, is that right?

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A

Yes.

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Q

And you went down to the office then.

 

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A

Yes.

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Q

Okay. And apparently this had to do with some pornography

 

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sites that were on the superintendent's, I don't know,

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Twitter account or something of that nature?

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MR. WALLACE: I'm going to object, counsel.

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You're intentionally putting untrue statements in this

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record, and I object and I will seek sanctions if you

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continue to persist.

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Q

Well, there were in fact some porn sites on --

 

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MR. WALLACE: Now you're doing it again. You know

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what the truth is.

You knew it was determined to be an

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improper police report, false accusations, and that multiple

 

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agencies investigated and determined to the contrary of what

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ERIC DION - May 29, 2013

   

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you just stated.

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MR. HANSEN: I don't know that at all, counsel.

 

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MR. WALLACE: Well, then --

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MR. HANSEN:

Not only that, --

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Q

-- that's what the conversation was about, correct?

 

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A

Yes.

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Q

Okay. And, as a matter of fact, when you concluded, didn't

 

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Mr. Caffrey say, well, if he was hacked, then, you know, I'm

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not going to do anything more about it?

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A

Yes.

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Q

And is there anything out of that that would require you in

 

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any way to get a protective order or anything like that?

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A

No.

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Q

Now, this e-mail that you sent to Mr. Seebeck about that

 

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meeting -- well, you did do that, right?

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A

Yes.

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Q

Did you have any idea whatsoever that that was going to be

 

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used in this case to try and get a protective order?

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MR. WALLACE: Counsel, I'm going to object to form

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and foundation. There was no reference to that document in

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the motion pursuant to court rule to get a protective order

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relating to the conduct of litigation. You keep inferring

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that it was a personal protection order. There was no

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reference to this individual in that motion by name or on

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the record in the case by name.

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ERIC DION - May 29, 2013

   

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MR. HANSEN: It wasn't by name but it certainly

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was -- you used the information in your motion.

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MR. WALLACE:

I object --

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Q

Did you have any idea that that information was going to be

 

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used for that purpose?

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A

I'm -- I'm entirely unsure.

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Q

What do you mean, you're unsure?

 

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A

I'm a newly-elected Board member; I'm not familiar, really,

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with the legal system all too much, so I honestly can say

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that I'm not educated enough to really know.

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Q

Did anybody tell you it was going to be used in the case?

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MR. WALLACE: Form and foundation.

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Q

You can answer.

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A

No.

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Q

Do you have any fear of Mr. Caffrey?

 

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A

Absolutely not.

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Q

At the meeting in January, I believe, when it was -- when

 

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the minutes of the December 24th meeting were being -- when

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there was a motion and an order to approve those meetings, I

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believe you seconded it.

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Do you recall that?

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A

No.

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Q

If you did do that, that was just out of form?

 

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A

(No response.)

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Q

Because you weren't at the 24th meeting, correct?

 

Mid-Michigan Reporting LLC (989)835-9171

ERIC DION - May 29, 2013

   

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A

Correct. I was not there.

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Q

Do you have any idea who's paying for this litigation on

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behalf of the School?

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A

No.

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MR. HANSEN: That's it.

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(Deposition concluded at or about 1:55 p.m.)

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Mid-Michigan Reporting LLC (989)835-9171

ERIC DION - May 29, 2013

   

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STATE OF MICHIGAN

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COUNTY OF MIDLAND

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I, Diane Kraynak, Notary Public in and for Midland

 

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County, State of Michigan, acting in Gladwin County, State

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of Michigan, do hereby certify that I stenographically

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recorded the deposition of ERIC DION, the deponent in the

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foregoing deposition; that prior to the taking of said

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deposition the said deponent was duly sworn to tell the

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truth, the whole truth, and nothing but the truth, and that

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the foregoing deposition is a true and correct transcript of

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the testimony of said deponent, to the best of my ability.

 

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I

further certify that I am not a relative, employee,

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attorney or counsel of any of the parties, a relative or

 

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employee of such attorney or counsel, or am financially

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interested in the transaction.

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I

further certify that no request was made that the

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foregoing deposition be submitted to the said deponent for

 

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examination and correction by him or that he sign the same.

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Diane Kraynak, CSR-2122 Certified Shorthand Reporter Registered Professional Reporter Notary Public, Midland County, Michigan My Commission Expires: 11-1-13

 

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Mid-Michigan Reporting LLC (989)835-9171

Caffrey vs. Gladwin Community Schools, et al.

ERIC DION May 29, 2013

 

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ERIC DION May 29, 2013

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