175 



Defendant deniei recognizing either document *i one he hu ever signed (Defendant depojition 



page 14. line 22). Both fonw were ihown to him during hij dcpoiition. The DePeodim goct 



on to tay that he may or may not have ligncd a similar document (dqxjsition page 15, line 4). 



The Defendant's counsel raiaes the question of where is the original signed contract However, 



in a letter to the PUintifF dated July 9, 1993, counsel admits to having reviewed the nibject 



eQipIoyrQcat contract and acting in accoidance with that contract advised the Defendant to retuni 



the doCTunentJ to the Pliinoff (Exhibit D to Dcfendant'i Brief to Dijolve the Restraining Order). 



The Coun believes, based on the exhibiti and the Defendant's evasive anawer that the cootraet 



exists and a copy is in the Dcfendant'i possession. Paragraph Three, in both fbma, cleariy 



indicates an employee, npoo terminanoti, will not reiDove any confJdeotial mfSwinatJOo, 



reproductioo or penonally made records and will immediately return any wch records tJrudy 



removed (emphasis added). Counsel for the Defendant emmeously concludes thii paiagra^h it 



limited to material taken at the time of termination. Such a restrictive reading of thi» pnagraph 



ii neither logical nor wodcable. The logical extension of the Dcfendant'i reasoning woold require 



him to ntara only those documents in his hands when he's told he's terminated. In pafonouce 



of Ac contract, the Defendant should have remmed all documents, inchidtng selfnMde copia 



related to his employmeaL 



The second docunmt to have been signed by the Defendant wu a 'Coofidentiality 

 of InfbiTTiatioa* form expr e am g the Plaintiff Wyati's fmn policy (Exhibit 1 attached to the 

 original complaint and Exhibit A as atached to the Plaintiffs Motion for • Temporary 

 Injunction). The Defendant admits to recognizing the document (depositioo page 13, line 2), but 

 then questioru whether or not the signature on the second page as his (deposition page 17 line 



J2. 



