33 10:43:06 1 10:43:09 2 10:43:12 3 10:43:13 4 10:43:15 5 witness. MS. JUREN: Rule at this point. THE COURT: All right.

The Rule has been invoked. Your Honor, we would like to invoke the Mr. Schlafly, the plaintiff can call its first

10:43:17 6 Will anyone in the courtroom who will testify in this case 10:43:21 7 10:43:27 8 10:43:29 9 please stand. MR. SCHLAFLY: Your Honor, with respect to the Rule,

I would like to designate Dan Munton as the AAPS representative So I

10:43:35 10 who can be here and advise me throughout the proceeding. 10:43:40 11 would object to the removal of Dr. Dan Munt on from the

10:43:44 12 courtroom, because I feel like I could benefit from his advice 10:43:49 13 as my client 10:43:53 14 proceedings.
--

he's a member of AAPS

--

throughout this

And Defendants are having their witnesses, who

10:43:56 15 are their clients, attend the entire proceeding. 10:44:00 16 10:44:03 17 MS. JUREN: Your Honor, Dr. Kalafut is a defendant --

a named defendant. Mari Robinson is the executive director of

10:44:09 18 the Texas Medical Board, and the Medical Board is being sued in 10:44:13 19 10:44:14 20 its official capacity. THE COURT: I understand that. What's your objection

10:44:19 21 to Dr. Munt on being the representative for the plaintiffs? 10:44:22 2 2 10:44:25 23 10:44:29 24 MS. JUREN: representative when Well, he was not the designated for AAPS. as the

I noticed the deposition

Jane Orient, the Executive Director, was designated

10:44:33 2 5 person who had knowledge of the -- of the allegations in the

ARLINDA L. RODRIGUEZ, OFFICIAL COURT REPORTER U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)

34

10:44:36

1 lawsuit.

They did not put Dr. Munton up as a -- as the

10:44:41 2 10:44:47 3

representative of AAPS at that time. THE COURT: Mr. Schlafly, do you have anyone else I will allow you to designate one

10:44:49 4 representing AAPS here?

10:44:54 5 person as the representative of AAPS, but that person will be 10:44:57 6 the same person throughout the trial. 10:45:01 10:45:01
7 8

You can't switch them in

and out. MR. SCHLAFLY: designate Dr. Dan Munton. THE COURT: All right. Doctor Munton, you need to I will allow and Yes, Your Honor. I'd like to

10:45:03 9 10:45:04 10

10:45:07 11 come forward and be at the counsel table.

10:45:10 12 will recognize Dr. Dan Munton as the representative of AAPS 10:45:15 13 throughout this trial. And, of course, the two -- the - 10:45:24 14 executive director of medical board and Dr. Schlafly -- pardon 10:45:27 15 me . 10:45:28
16

MS. JUREN: THE COURT:

Dr. Kalafut.
--

10:45:29 17 10:45:31 18 the rule. 10:45:33

19

Dr. Kalafut may also be excused from

MS. JUREN: THE COURT:

Thank you. All right. Now, all you may be seated. Is there anyone else?

10:45:34 20

10:45:37 21 The Rule has been invoked, however. 10:45:40 22 MS. JUREN: There is
--

I'm told there is a

10:45:42 23 Vickie Meyers in the audience who the plaintiffs have listed as 10:45:46 24 a witness, and she was not standing. 10:45:50 2 5 THE COURT: Well, do you intend to call her,

ARLINDA L. RODRIGUEZ, OFFICIAL COURT REPORTER U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)

35
10:45:52 10:45:53 10:45:55 10:45:58 10:46:00 10:46:04 10:46:08 10:46:12 10:46:19

1 Mr. Schlafly? 2 MR. SCHLAFLY: I do, Your Honor. I think that was

3 probably an oversight by Vickie.

4

THE COURT:

All right.

I say this to the lawyers as That means

5 well as the witnesses:

The Rule has been invoked.

6 that other than those persons that I just named that are 7 excluded from the Rule, you must remain outside of the 8 courtroom while other witness -- don't leave yet -- while other 9 witnesses are testifying unless excused by me. You may not talk with anyone about this case while it is pending unless excused by me, other than the lawyers. can talk to either or both of the lawyers about this case. you cannot discuss this case with anyone else until you are excused from the Rule. I expect the lawyers to instruct any You But

10:46:21 10 10:46:27 11 10:46:30 12 10:46:34 13 10:46:39 14 10:46:44 15 10:46:47 16 10:46:52 17 10:46:55 18 10:47:00 19 10:47:04 20 10:47:06 21 10:47:08 22 10:47:10
23

other witnesses who are not present in the courtroom today at this time that the Rule has been invoked and what it means. So at this time you are excused subject to your being called as a witness. MR. SCHLAFLY: Is Dr. Ryan Potter here? Okay. I

think everyone has been excused. THE COURT: All right. Now, Mr. Schlafly, are you

ready to call your first witness? MR. SCHLAFLY: THE COURT: Yes, Your Honor.

10:47:10 2 4 10:47:12
25

You may do so. I call Dr. Roberta Kalafut to the

MR. SCHLAFLY:

ARLINDA L. RODRIGUEZ, OFFICIAL COURT REPORTER U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (AUSTIN)