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1 1 Case :-cv-00-akk Document 1 0-1 Filed 0/01/ Page 1 of IN THE UNITED STATES DISTRICT COURT 1 APPEARANCES NORTHERN DISTRICT OF ALABAMA Appearing for the Plaintiffs: SOUTHERN DIVISION HAYNES & HAYNES, P.C. DANA ANDERSON; BELINDA BEVERLY; KATHY LACKEY; and KARI WALKER, Plaintiffs, vs. SURGERY CENTER OF CULLMAN, INC.; SURGERY CENTER OF CULLMAN, LLC; SURGICAL CARE AFFILIATES, LLC; and KEVIN JOHNSON, M.D., individually, Defendants. CIVIL ACTION NUMBER: CV--RRA-0-S DEPOSITION: DR. KEVIN JOHNSON VOLUME 1 - APRIL, S T I P U L A T I O N S IT IS STIPULATED AND AGREED by and between the parties through their respective counsel that the deposition of DR. KEVIN JOHNSON may be taken on April,, before Sallie NeSmith Gunter, Certified Court Reporter of the State of Alabama, ACCR License Number, Commissioner and Notary Public, at the law offices of Haynes & Haynes, P.C., 00 Woodmere Drive, Birmingham, Alabama. IT IS FURTHER STIPULATED AND AGREED that it shall not be necessary for any objections to be made by counsel to any questions except as to form or leading questions, and that counsel for the parties may make objections and assign grounds at the time of trial or at the time said deposition is offered in evidence or prior thereto. By: Alicia K. Haynes, P.C. 1 of 0 sheets Page 1 to of 0// 0:: PM 1 By: Gina E. Pearson, Esq. 00 Woodmere Drive Birmingham, Alabama Appearing for the Defendants Surgery Center of Cullman, Inc.; Surgery Center of Cullman, LLC; and Surgical Care Affiliates, LLC: LITTLER MENDELSON, P.C. By: Aimee P. Keane, Esq. th Street, North 00 Wells Fargo Tower Birmingham, Alabama Appearing for the Defendant Dr. Kevin Johnson, M.D.: JOHNSTON BARTON PROCTOR & ROSE By: Mac B. Greaves, Esq. By: Justin Barkley, Esq. Colonial Brookwood Center Suite 01 Brookwood Village Birmingham, Alabama Also Present: Belinda Beverly Kathy Lackey Kari Walker Dana Anderson Lori Bates Certified Court Reporter: Sallie NeSmith Gunter, CCR, CSR ACCR License Number Videographer: Susan Jackson Pope, CLVS Video Visions FILED Apr-01 PM 0: U.S. DISTRICT COURT N.D. OF ALABAMA
1 1 Case :-cv-00-akk Document 0-1 Filed 0/01/ Page of I N D E X 1 I, Sallie NeSmith Gunter, a Certified Court Reporter of the State Examination by Ms. Haynes... of Alabama, ACCR License Number, Examination by Mr. Greaves...1 acting as Commissioner, certify that on Examination by Ms. Haynes... this date there came before me at the Examination by Mr. Greaves... law offices of Haynes & Haynes, P.C., Examination by Ms. Haynes... 00 Woodmere Drive, Birmingham, Examination by Mr. Greaves... Alabama, on April,, beginning Examination by Ms. Haynes... at or about : A.M., DR. KEVIN Examination by Mr. Greaves... JOHNSON, witness in the above cause, Plaintiff's Exhibit... for oral examination, whereupon, the Plaintiff's Exhibit... following proceedings were had: Plaintiff's Exhibit... Plaintiff's Exhibit... THE VIDEOGRAPHER: This begins Plaintiff's Exhibit... videotape number one in the deposition Plaintiff's Exhibit... of Kevin Johnson, M.D., in the matter Plaintiff's Exhibit...1 of Dana Anderson, Belinda Beverly, Plaintiff's Exhibit...1 Kathy Lackey, and Kari Walker versus Plaintiff's Exhibit...0 the Surgery Center of Cullman, Plaintiff's Exhibit...0 Incorporated; Surgery Center of Plaintiff's Exhibit... Cullman, LLC; Surgical Care Affiliates, Plaintiff's Exhibit... LLC; and Kevin Johnson M.D., Plaintiff's Exhibit... individually, Civil Action Number Plaintiff's Exhibit...0 Plaintiff's Exhibit...0 Plaintiff's Exhibit 0... Plaintiff's Exhibit 1... Plaintiff's Exhibit... Plaintiff's Exhibit...0 Plaintiff's Exhibit... Defendant's Exhibit 1...0 Defendant's Exhibit... CV--RRA-0-S. We are on the record at : A.M. Today is Friday, April the th,. The deposition is taking place at the offices of Haynes & Haynes, 00 Woodmere Drive, Birmingham, Alabama. My name is Susan Pope. Would counsel identify yourself and state whom you represent, and then, Madam Court Reporter, please swear in the witness. MS. HAYNES: Alicia Haynes and Gina Pearson for the plaintiffs. MR. GREAVES: Mac Greaves, Justin Barkley for Dr. Johnson. MS. KEENE: Amy Keane for the Surgery Center of Cullman, both entities, and Surgical Care Affiliates. THE COURT REPORTER: All right. Would y'all like the usual stipulations? MR. GREAVES: Yes. MS. HAYNES: That's fine. 0// 0:: PM Page to of of 0 sheets 1
1 Case :-cv-00-akk Document 0-1 Filed 0/01/ Page of MR. GREAVES: And Dr. Johnson 1 given a deposition before? would like to read and sign his A. No, I haven't. deposition. Q. Do you understand the oath THE COURT REPORTER: All that you've taken? right. Would you raise your right A. I do. hand, please, sir, to be sworn? Q. Okay. Does that mean something to you? DR. KEVIN JOHNSON, A. It's an oath to God, as far as being first duly sworn, was examined I'm concerned -- and testified as follows: Q. Okay. EXAMINATION BY MS. HAYNES: A. -- to tell the truth. Q. Will you state your full name for the record, please. A. Kevin Gerald Johnson. Q. Is that Gerald with a J or G? A. G. Q. And your address, please? A. Cullman, Alabama. Q. And your date of birth? A.. Q. And Social Security number, please, sir? 1 A. Q. A. And driver's license number? It's an Alabama license Q. Any restrictions on that license? A. None. Q. Has it ever been revoked, suspended? A. Never. MR. GREAVES: I assume we have the same under-seal protection for Dr. Johnson's private information as the other? MS. HAYNES: Absolutely. MR. GREAVES: Thank you. Q. (BY MS. HAYNES) You understand you're under oath today? A. Yes, I do. Q. Have you ever been under oath before? A. No, I haven't. Q. Ever testified in court or, Q. All right. I've seen notes or references that you have referred in the past to yourself as the anti-christ. Is that correct? A. That is not correct. Q. Okay. So the oath that you've taken today does mean something? A. It does. Q. Okay. And you deny ever making the comment that you were the anti-christ? A. I deny that comment. 1 Q. Okay. You have sat through I guess about five days of depositions, four days of which were my clients; is that correct? A. Yes. Q. Okay. And you understand the allegations that they have brought about you? A. Yes. Okay. Have you ever been accused of sexual harassment in the past? Ever been investigated for sexual harassment? Yes. How many times? Once. When was that? That was Woodland Medical Center. I think the year may have been or 00. Who investigated you? Q. of 0 sheets Page to of 0// 0:: PM A. Q. A. Q. A. Q. A. Q.
Case :-cv-00-akk Document 0-1 Filed 0/01/ Page of 1 1 A. 1 A. Q. Okay. Did you ever ask her Q. And you deny that that -- the question who owns her? A. Yes. A. Q. That you did that? Q. Did you pay for a tattoo for A. Yes. Ms. Potter? Q. And you deny that you A. requested her to have a tattoo that Q. Does she -- what's her tattoo says "eternal slave"? that she has? A. I do. A. She has multiple tattoos. Q. Okay. Tell me about the Q. What tattoo did she receive tattoo that -- well, you said Ms. while your relationship was going on? Hunter had tattoos before -- A. It was either a tattoo of her A. She. grandmother, something to do with her Q. -- your relationship? grandmother, or I think she got a A. She had a single tattoo. tattoo, a black star on I think it was Q. What was the single tattoo, her right ear that was similar to a what was the depiction? rock star, Bjork, or someone that she A. It was a Sanskrit tattoo enjoyed. across her low back. Q. Okay. Any Chinese characters? Q. Similar to Kari's? A. A. I guess it would be the same Q. Does she have a tattoo that region, yes. says "eternal slave"? Q. Describe it, please. 0 1 A. Q. And you did not pay for that tattoo? A. Q. Okay. When's the last time you talked to Ms. Potter? A. I talked to Ms. Potter this week. Q. Okay. What day? She's called me a couple of times. She was -- felt like she was being harassed by Kari. Okay. Did she tell you she had a conversation with me? If she told you -- me -- well, let me ask you this. Strike that. Any reason she would not be truthful about you? I can't think of any. Okay. Do you know of any reason she would tell me that you paid for a tattoo that says "eternal slave"? A. Q. A. Q. A. Q. 1 A. Sanskrit letters, black letters across her low back. Q. What did the letters mean? A. She said that they meant "awakened." Q. Did you look it up? A. Q. Did you pick out what tattoo she would have? Did she get another tattoo? That was the only tattoo she had during the entire relationship with you? Yes. Did you pick out the tattoo that Kari Walker had done to her lower back? The two of you did not discuss that? She discussed it with everyone A. Q. A. Q. 0// 0:: PM Page to of of 0 sheets A. Q. A. Q. A.
Case :-cv-00-akk Document 0-1 Filed 0/01/ Page of 1 Q. You'll have to come back with 1 it. that one. Gräfe -- Q. Okay. What did you post A. -- Z-Z-P-A-Z-Z-E-R. about? Q. What does that mean? A. The last thing I remember A. GazzPazzer, it's a -- a long posting about was during the CON way of saying "gas passer," which is a hearings we had in -- back in maybe derogatory term most medical about ', 00. specialties call anesthesiologists. Q. That's the thing you remember? Q. Okay. A. Yes. It was only when we were A. We're just known as gas in a big lawsuit with the Cullman passers. Regional Medical Center was anything Q. And -- posted on it by me. A. I know, it's Out of Gas is the Q. Did you post about the Cullman name of -- Out of Gazz, G-A-Z-Z, is the Regional Medical Center? name of it. A. No, I posted about the Surgery Q. Of your blog? Center of Cullman. A. Yes. Q. Did you post like you were a Q. Out of Gas? patient? A. Out of G-A-Z-Z, Out of Gazz. A. I posted about the Q. But you've never posted advantages of an ambulatory surgery anything or blogged? center. A. Never blogged a single thing Q. Anything else you've posted on on it. Cullman Underground? 1 Q. Reblogged anything? 1 A. A. Never reblogged anything. Q. Have you posted about any Q. Had any followers? person on Cullman Underground? A. A. Q. Followed anyone? Q. Any other blogging or postings A. you've done in the last ten years? Q. Any other social media? A. I posted on an AR- site, I A. think, some questions about ammunition, Q. Do you know what the Cullman but that's -- I think that's it. Underground is? Q. What did you post? A. Yes. A. Some questions about some Q. What is it? ammunition, federal as compared to UMS. A. It's a -- anonymous posting Q. What's AR-? board for Cullman, Alabama. A. It's a rifle. Q. Have you ever posted on that? Q. What's the site that you A. I have in the past, yes. posted? Q. How many times? A. AR-, I think it was A. Maybe a half a dozen. AR.com. Q. Do you have those postings? Q. And how did you post, A. anonymous? Q. Did you post as Juan Kryptic A. I don't remember on that. Juan? That's been quite a few years ago too. A. You post anonymously on Q. Do you have an AR-? of 0 sheets Page to of 0// 0:: PM
Case :-cv-00-akk Document 0-1 Filed 0/01/ Page 0 of 1 A. Yes. 1 A. That is it. Q. Is that a semi-automatic? Q. Under assault weapons, as you A. Yes. would define those? Q. Is it considered an assault MR. GREAVES: Object to the weapon? form. A. Define an assault weapon. A. Three AR-s. Q. Under the terms that we refer Q. Okay. What other weapons do to assault weapons in today's society. you have? A. Assault weapon is a fully A. I have multiple shotguns. automatic weapon. Q. What does "multiple" mean, Q. What does the A stand for in over ten, less than ten? the AR? A. Less than ten. A. It's not for assault. Q. Over five? Q. Does it mean automatic rifle? A. Yes, probably five to six. A. I don't know what it means. I Q. Okay. What else? know it's not an assault. A. Probably about six or eight Q. Okay. pistols. A. I think it was just the first Q. What else? in the series. A. That is all. Q. How many postings did you make Q. Any knives? on AR? A. A. One or two. Q. Do you collect any other Q. When? weapons? 1 A. Probably in -- I think it was 1 A. actually before I went to SCA. Q. Just as a collector? Q. Probably before or do you know A. for sure? Q. Where have you bought your A. I think it was around that weapons, the shotguns, pistols, and the time. three AR-s? Q. Okay. How many other assault A. Multiple places. weapons do you have? Q. Where? MR. GREAVES: Object to the A. Gander Mountain. form. Q. Okay. Is that like a sporting A. I have -- goods place or from an individual? MS. HAYNES: What is wrong A. It's a sporting goods place. with the question? Q. Called Gander Mountain? MR. GREAVES: I don't think A. Gander Mountain. we've got a definition of assault Q. Is that online? rifle. A. MS. HAYNES: He's answering, Q. Okay. Where is it? so evidently he does. A. It's in Huntsville. MR. GREAVES: Well, if he can. Q. Okay. Not familiar with that. I mean, I'm just objecting to form. Where else? MS. HAYNES: Okay. A. Cullman Pawn, Cullman Gun and A. I have three AR-s. Pawn or something like that. Q. What else? Q. Where else? 0// 0:: PM Page to of 0 of 0 sheets
Case :-cv-00-akk Document 0-1 Filed 0/01/ Page 1 of 1 A. Van Sporting Goods. 1 Q. Which ones? Q. V-A-N-N? A. I have a gun permit to carry a A. I think it's just one N. concealed weapon. Q. V-A-N. Where is it? Q. When did you get that? A. It's in Cullman. A. Probably less than ten years Q. And is it a sporting goods or ago. a gun shop? Q. And what was the reason? A. It's a sporting goods. A. Because I was always working Q. Okay. Any other places you've late in an area that had a lot of bought weapons? narcotics. I bought some at gun shows. Q. What area was -- were you What gun shows? working that had a lot of narcotics? Birmingham. A. The hospital. How many gun shows have you Q. What is a Win Q? bought weapons? A. I've never heard of that I think two. before. Which gun shows, do you Q. What would be an M? recall? A. I've never heard of that BJCC. before. I understand that, but what Q. On the website you gave us, we year? just looked that up, and under that name that you gave, it was an entry You don't remember? that you wanted to buy in bulk Win A. Q. A. Q. A. Q. A. Q. A. Q. 1 A. Q. In the last five years? A. Yes. Q. Any place else you've bought weapons? A. There's another shop in Huntsville, but I can't remember the name of it. Q. Sporting goods or a gun shop? Gun shop. But in Huntsville? In Huntsville. You can't remember the name? Do you still have the bill of sale? Unlikely. Did you register any of those guns? Do you have a gun permit for any? Yes. A. Q. A. Q. A. Q. A. Q. A. Q. A. 1 Q and M. A. I'm sorry, I don't know what you're talking about. Q. Okay. Do you have a weapon on you today? A. Q. Do you have one in your car? A. Yes. Q. And why are -- why do you have one in your car today? I always carry one when I travel. What do you have in your car? A Glock. Is that one of the pistols? Yes. Can you tell me what type pistols you have other than the Glock? I have two or three Glocks, my wife has one Glock, I have a Kel-Tec PAT. Say that again. K-E-L dash T-E-C PAT. 1 of 0 sheets Page to of 0// 0:: PM A. Q. A. Q. A. Q. A. Q. A.
Case :-cv-00-akk Document 0-1 Filed 0/01/ Page of 1 Q. What is that? 1 A. B-E-N-E-L-L-I. A. It's a pistol. Q. Okay. Q. What type of pistol? A. Cordova, C-O-R-D-O-V-A. I A. Semi-automatic. have a Benelli Montelfro -- Q. When did you buy that? Montefeltro. A. Probably about three or four Q. Can you spell that? years ago. A. Not really, something like Q. Why? that. A. Because I wanted it. Q. M-O-N-T-E-L? Okay. Anything else? A. Yes. Huh? Q. Okay. Any other pistols? A. And I have a -gauge single Yes. shot, a Remington, and I think What? that's all. I have three. target Q. That was five that I count. pistols. A. Okay. Three separate? Q. Five shotguns? Three separate pistols. A. That's all I can think of..s? Q. And did you tell me three Uh-huh. Glocks? Okay. What else? A. Three Glocks. I have a Taurus 0. Q. That's a G with Glock, isn't What is that? it? Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. 1 A. It's just a small pocket pistol. Q. Okay. What else? A. I think that's all. No, I have a Steyr, S-T-E-Y-R. Q. And what is it? A. It's a pistol. Q. Automatic, semi-automatic? A. Semi-automatic. Okay. Any other pistols? None that I can think of at this point. Okay. And you said multiple shotguns. What type shotguns do you have? I have a Beretta over and under. Okay. Then I have another Beretta over and under that's a Silver Pigeon. Okay. I have a Benelli Cordova. That's a B, correct, Benelli? Q. A. Q. A. Q. A. Q. A. Q. 1 A. G-L-O-C-K. Q. Okay. Any other weapons as you sit here and having recalled those? A. Mossberg shotgun 0 or 00, one or the other. Q. Are you a member of a hunting club? A. Yes. Q. Which one? Maple Ridge. Where is that? It's in Cullman, County Road. Is that -- it's Maple Ridge Hunting Club or Shooting Club? Shooting, I think. How many members? Don't know. How often do you shoot? I haven't shot in two years. Do you hunt? I hunt birds maybe once every couple of years. A. Q. A. 0// 0:: PM Page to of of 0 sheets Q. A. Q. A. Q. A. Q. A.
Case :-cv-00-akk Document 0-1 Filed 0/01/ Page of 1 1 Q. Anything else? 1 Q. Okay. Why did you bring those A. into the workplace? Q. Did you bring your guns into A. To give to my CRNAs. the workplace at Surgical Care? Q. Okay. Where would you A. They were in my car. purchase the collapsible -- how did you Q. Did you bring them in? is my say it again, Justin? question. MR. BARKLEY: You can -- A. I brought some gifts in, yes, MS. HAYNES: Carbines? not my guns. MR. BARKLEY: Most people say Q. The gifts you brought in, were it carbine. they guns? A. Carbine, carbine. A. Yes. MR. BARKLEY: It's spelled Q. Okay. And did you show those C-A-R-B-I-N-E. It's a kind of rifle, around? carbine rifle. A. MS. HAYNES: Okay. Q. Who did you give the gifts to? A. I don't remember where I got A. I have brought guns into the those. workplace on three different occasions. Q. (BY MS. HAYNES) Any other I brought them to my CRNAs at Woodland times you've bought weapons into the Hospital, they got shotguns, Beretta workplace? Silver Pigeons; I brought Kel-Tec A. PATs, pistols, to my CRNAs in the box, Q. Did that violate the -- any unloaded, no ammunition about three workplace policy? 0 1 years ago; and Woody Locke, when he 1 A. Yes. retired, he got a commemorative rifle. Q. So why did you do it? Q. What type? A. I wasn't aware there was a A. A Uberti Henry rifle. That workplace policy at that point for was something that all the people gave that. I had discussed it with the money for him. safety officer. The safety officer Q. You said three different didn't have a problem with it. occasions you brought weapons into the Q. Who was safety officer? workplace? A. Kari Walker. A. And some collapsible carbines. Q. You told Ms. Walker you were Q. What are collapsible carbines. bringing weapons in? A. Carbines, they fold up. A. Absolutely. They're for like taking on hunting -- I Q. And she said, "I have no mean, like backpacking. They fold up, problem with it"? throw it in your backpack. A. She knew about it, didn't have Q. Shotgun? a problem with it. A. Pistol-caliber rifle. Q. That's not my question. My Q. And why did you bring the question was: And she told you she did collapsible -- not have a problem? MR. BARKLEY: C-A-R-B-I-N-E. A. She said she wanted to be Q. -- carbines? there when they were given. MR. BARKLEY: I say carbine, Q. Were they wrapped or but yeah, same thing. unwrapped? of 0 sheets Page to of 0// 0:: PM