1
 1       IN THE UNITED STATES DISTRICT COURT 
 2        FOR THE SOUTHERN DISTRICT OF OHIO
 3                 EASTERN DIVISION 
 4                    - - - - -
 5   Aleksandra S        :
    Balalovski,          
 6                        :
         Plaintiff,      
 7                        :
         vs              Case No C2-00 189
 8                        :
    Lucent Technologies, 
 9   Inc C/O Prentice    :
    Hall Corp System 
10   Statutory Agent,     :
11        Defendant      :
12                    - - - - -
13        Deposition of J NICK MARZELLA, PHD, 
14   a Witness, herein, called by the Defendant 
15   for cross-examination under the Applicable 
16   Rules of Federal Civil Procedure, taken 
17   before me, Laura E Thornsberry, a 
18   Registered Professional Reporter and Notary 
19   Public in and for the State of Ohio, 
20   pursuant to notice and stipulations of 
21   counsel, at the offices of J Nick Marzella, 
22   PhD, 785 East Broad Street, Columbus, 
23   Ohio, on Tuesday, August 7, 2001, at 2:57 
24   o'clock pm 
25   

                                                                     2
 1   APPEARANCES:
 2             Mahata & Carter
              341 South Third Street
 3             Suite 300
              Columbus, Ohio  43215
 4             By John M Mahata, Esquire,
 5             and
 6             Schottenstein Co, LPA
              341 South Third Street
 7             Suite 300
              Columbus, Ohio  43215
 8             By James M Schottenstein,         
              Esquire,
 9   
              and               
10   
              Collin N Thomas, Esquire
11             341 South Third Street
              Suite 300
12             Columbus, Ohio  43215
13                  On behalf of the Plaintiff
14             Ulmer & Berne LLP
              Bond Court Building
15             1300 East Ninth Street
              Suite 900
16             Cleveland, Ohio  44114
              By Ronald H Isroff, Esquire and   
17             Stephanie E Kennedy, Esquire,
18                  On behalf of the Defendant
19   
20   
21   
22   
23   
24   
25   

                                                                     3
 1                   Tuesday Afternoon Session
 2                   August 7, 2001
 3                   2:57 o'clock pm 
 4                     - - - - -
 5             It is stipulated by and between 
 6   counsel for the respective parties that the 
 7   deposition of J NICK MARZELLA, PHD, a 
 8   Witness herein, called by the Defendant for 
 9   cross-examination under the statute, may be 
10   taken at this time by the Notary, pursuant 
11   to notice and stipulations of counsel; that 
12   said deposition may be reduced to writing in 
13   stenotypy by the Notary, whose notes may 
14   thereafter be transcribed out of the 
15   presence of the witness; that proof of the 
16   official character and qualification of the 
17   Notary is waived  
18                     - - - - -
19   
20   
21   
22   
23   
24   
25   

                                                                     4
 1   
 2                       INDEX
 3   Defendant's Exhibit                Page No
 4   A - Resume                             6
 5   B - Letter, 9/7/99                    13
 6   C - Fax, 11/6/00                      16
 7   D - Letter, 11/25/96                  28
 8   E - Office Note, 1/10/00              40
 9   F - Letter, 5/25/00                   42
10   G - Copy of MMPI and Results          56
11   H - Office Notes                      61
12   I - Office Notes                      62
13   J - Office Notes                      66
14   K - Office Notes                      70
15   L - Office Notes                      84
16   M - Office Notes                      93
17   N - Office Notes                      98
18   O - Office Notes                     101
19   
20   Examination By                     Page No
21   Mr Isroff - Cross                     5
22   
23   
24   
25   

                                                                     5
 1             J NICK MARZELLA, PHD
 2   by me first duly sworn, as hereinafter 
 3   certified, deposes and says as follows:
 4                     - - - - -
 5                 CROSS-EXAMINATION 
 6   BY MR ISROFF:  
 7   Q        Would you please state your name 
 8   for the record?
 9   A        My name is Nick Marzella  
10   Q        And your age?
11   A        I am 53 years old
12   Q        And your Residence address?
13   A        134 Ashbourne Road, Columbus, 
14   Ohio
15   Q        Profession?
16   A        I'm a psychologist
17   Q        Do you have a doctorate in 
18   psychology?
19   A        It's a doctorate of philosophy, 
20   spe