1 UNITED STATES DISTRICT COURT 1 FOR THE NORTHERN ...

61Scottsdale, ArizonaDecember 14, 2006210:17 a.m.345678910111213141516171819202122232425THE VIDEOGRAPHER: We are on the record, andthis is the first tape in the videotaped deposition ofRick Smith, taken by the plaintiffs in the matter ofcase number CV 05-03658 JW, styled Heston versusSalinas, and also case number CV 05-03577 JW, (sic)styled Rosa versus City of Seaside, filed in the UnitedStates District Court for the Northern District ofCalifornia.Today is December 14th of the year 2006 atapproximately 10:17 a.m. Our location is 17800 North85th Street, Scottsdale, Arizona. Jackie Allen is yourcertified court reporter, and Jim Law is your certifiedlegal video specialist with Driver and Nix, 3131 EastClarendon Avenue, Suite 108, Phoenix, Arizona 85016.If counsel would please state their name, firm,and whom they represent, beginning with plaintiffs'counsel please.MR. BURTON: John Burton, the Law Offices ofJohn Burton, representing all the plaintiffs in bothcases.MR. BROWN: Ray Brown from the Law Offices ofLee A. Wood, representing defendant City of Seaside in