Footnotes, 18.

TTV’s primary contact at OpSec Group was Gregg Phillips. Tr. 850:9–21. Phillips is not a named defendant in this case, but was a potential witness, even though he was not called at trial. Plaintiffs instead submitted portions of his deposition without objection from Defendant. See PX 102 (Phillips/OpSec Group Deposition Designations); Tr. 1103:3–6 (admitting PX 102 without objection).

Phillips did testify before the Court regarding sequestration issues raised midtrial. Tr. 1309:11–1331:4. The substance of this testimony had little, if anything, to do with this case and the Court does not consider it in its findings of fact or conclusions of law. Through this testimony, the Court did have the opportunity to assess Phillips’s demeanor, however, and found him, on the whole, to be an unreliable witness lacking credibility.