1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 10-06-02 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, June 2, 2010 10 Atlantic City Commission Offices 11 Joseph P. Lordi Public Meeting Room - First Floor 12 Tennessee Avenue and Boardwalk 13 Atlantic City, New Jersey 08401 14 10:38 a.m. to 12:15 p.m. 15 16 17 Certified Court Reporter: Darlene Sillitoe 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 20 ATLANTIC CITY COURT REPORTING, LLC 21 CERTIFIED COURT REPORTERS AND VIDEOGRAPHERS 22 1125 ATLANTIC AVENUE, SUITE 700 23 ATLANTIC CITY, NEW JERSEY 08401 24 (609) 345-8448 www.accourtreporting.com 25 2 1 B E F O R E : 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 SHARON ANNE HARRINGTON, VICE CHAIR MICHAEL C. EPPS, COMMISSIONER 4 WILLIAM T. SOMMELING, COMMISSIONER EDWARD J. FANELLE, COMMISSIONER 5 6 PRESENT FOR THE CASINO CONTROL COMMISSION: DARYL W. NANCE, ADMINISTRATIVE ANALYST 7 LISA SPENGLER, PUBLICATIONS COORDINATOR 8 OFFICE OF THE GENERAL COUNSEL: DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE 9 SECRETARY TERESA M. NAGENGAST, SENIOR COUNSEL 10 SETH H. BRILLIANT, SENIOR COUNSEL CLAIRE FRANK, PROGRAM MANAGER 11 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 13 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 14 JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 15 LOUIS ROGACKI, DEPUTY ATTORNEY GENERAL 16 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 4 TERESA M. NAGENGAST, SENIOR COUNSEL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 3 N. LYNNE HUGHES, ESQ. FOR: SHOWBOAT ATLANTIC CITY OPERATING 4 COMPANY, LLC ITEM NO. 5 TERESA M. NAGENGAST, SENIOR COUNSEL 5 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL N. LYNNE HUGHES, ESQ. 6 FOR: BALLY'S PARK PLACE, INC. ITEM NO. 6 TERESA M. NAGENGAST, SENIOR COUNSEL 7 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL COOPER, LEVENSON, APRIL, NIEDELMAN 8 & WAGENHEIM, PA DEREK G. TIMMS, ESQ. 9 FOR: TRUMP TAJ MAHAL ASSOCIATES ITEM NO. 7 TERESA M. NAGENGAST, SENIOR COUNSEL 10 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL KAREN M. WOSNACK, ESQ. 11 FOR: RESORTS INTERNATIONAL HOTEL, INC. ITEM NO. 8 TERESA M. NAGENGAST, SENIOR COUNSEL 12 LOUIS ROGACKI, DEPUTY ATTORNEY GENERAL SILLS, CUMMIS & GROSS 13 KENNETH F. OETTLE, ESQ. FOR: T-MOBILE NORTHEAST, LLC 14 ITEM NO. 9 CLAIRE FRANK, PROGRAM SUPERVISOR JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL 15 JOSEPH CORBO, JR., ESQ. FOR: BOYD GAMING CORPORATION 16 ITEM NO. 10 CLAIRE FRANK, PROGRAM SUPERVISOR MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 17 N. LYNNE HUGHES, ESQ. FOR: HARRAH'S ENTITIES 18 ITEM NO. 11 SETH H. BRILIANT, SENIOR COUNSEL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 19 LORETTA I. PICKUS, ESQ. FOR: TRUMP TAJ MAHAL ASSOCIATES, LLC 20 ITEM NO. 12 DIANNA W. FAUNTLEROY, GENERAL COUNSEL JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL 21 COOPER, LEVENSON, APRIL, NIEDELMAN & WAGENHEIM, PA 22 LYNNE LEVIN KAUFMAN FOR: MARINA DISTRICT DEVELOPMENT 23 COMPANY, LLC 24 25 4 1 AGENDA PUBLIC MEETING NO. 10-06-02 2 June 2, 2010, 10:38 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 8 8 May 19, 2010, public meeting 4 2 Applications for employee and casino service industry licenses 5 5 initial and/or renewal of casino key 8 9 and casino employee licenses 6 6 initial and/or renewal of casino key 11 12 and casino employee licenses 7 Applications for initial and/or renewal Of casino key employee licenses and for 8 Qualification: Joanne McKensie 9 10 9 Jeffrey Nguyen 10 10 Ravneet Bhandari, Senior vice President 11 12 10 Of Revenue Management & Systems for Trump Taj Mahal Associates, LLC 11 Lori R. Yeager, Vice President of Human 11 12 Resources for Harrah's Atlantic City 12 Operating Company, LLC, and Showboat Atlantic City Operating Company, LLC 13 3 Stipulations of settlement and consent agreements: a) Jose L. Paz (10-0018-EA) 12 14 14 b) Josephine E. Evans (10-0013-EA) 12 14 c) Christopher J. Smith (09-0689-EA) 12 14 15 d) Terika A. Timberlake (10-0021-EA) 12 14 4 Stipulation of settlement in state versus 14 16 16 Showboat Atlantic City Operating Company, LLC (d/b/a Showboat Atlantic City Hotel) 17 (PRN 09-0299-VC)St 5 Stipulation of settlement in state v. 16 17 18 Bally's Park Place, Inc. (d/b/a Bally's Atlantic City.) (09-0470-VC) 19 6 Stipulation of settlement in state v. 17 19 Trump Taj Mahal Associates (d/b/a Trump 20 Taj Mahal Casino Resorts (09-0471-VC) 7 Stipulation of settlement in state v. 19 20 21 Resorts International Hotel, Inc. (d/b/a Resorts Atlantic City (09-0729-VC) 22 8 Petition of T-Mobile Northeast, LLC, 21 22 for exemption from casino service industry 23 licensure (PRN 0491005) 9 Consideration of the qualification of 23 24 24 Robert Meyne to serve as Vice President of Corporate Communications for Boyd Gaming 25 Corporation 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 10-06-02 2 June 2, 2010, 10:38 a.m. ITEM PAGE VOTE 3 10 Plenary qualification of Donald Marrandino 25 27 as President, Eastern Division of Harrah's 4 Entertainment, Inc., and Harrah's Operating Company, Inc., and Senior Vice President 5 of Harrah's Atlantic City Operating Company, LLC, Showboat Atlantic City Operating Company, 6 LLC, Bally's Park Place, Inc., and Boardwalk Regency Corporation 7 11 Petition of Trump Taj Mahal Associates, 28 42 LLC, (d/b/a Trump Taj Mahal Casino Resort) 8 for permission to transfer progressive slot jackpots pursuant to NJAC 19:45-1.39(n) 9 (PRN 1251001) Peter Masarone, sworn 29 10 Thomas Scott Molina, sworn 39 12 Amended petition of Marina District adj. 11 Development Company, LLC, and Marina District Finance Company, Inc., for 12 declaratory relief with respect to qualification issues and certain other 13 issues related to certain material debt transactions. (PRN 1201003) 14 13 Amendment of Casino Control Commission 42 43 Internal Audit Committee resolution to 15 replace Steven Petrecca of the Department of Treasury with Department of Treasury 16 Designee 17 18 19 20 21 22 23 24 25 6 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 5 license X 5 P-2 Grant 6 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (Exhibits retained by Commission.) 25 7 1 (Public Meeting 10-06-02 was commenced 2 at 10:38 a.m.) 3 MR. NANCE: Good morning. I'd like to 4 read an opening statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 public laws of 1975 entitled the "Open Public 8 Meeting Act," the New Jersey Casino Control 9 Commission on October 15, 2009, filed with the 10 Secretary of State at the State House in 11 Trenton, New Jersey, an annual meeting 12 schedule. On October 16, copies were mailed to 13 subscribers. 14 Members of the press will be permitted 15 to take photographs, and we ask that this be 16 done in a manner which is not disruptive or 17 distracting to the Commission. 18 The use of cell phones in the public 19 meeting room is prohibited. 20 Any member of the public who wish to 21 address the Commission will be given the 22 opportunity to do so before the Commission 23 adjourns for the day. 24 Please stand for the Pledge of 25 Allegiance. 8 ITEM NO. 1-2 1 (The flag salute was recited.) 2 CHAIR KASSEKERT: Good morning. 3 MR. NANCE: Good morning. 4 The matters discussed in closed session 5 were: Employee and enterprise license matters. 6 The Commission approved the May 19th, 7 2010, closed-session minutes. 8 Item No. 1, ratification of the minutes 9 of May 19th, 2010, public meeting. 10 COMMISSIONER SOMMELING: Move to 11 approve. 12 VICE CHAIR HARRINGTON: Second. 13 CHAIR KASSEKERT: The motion has been 14 made and seconded. All in favor? 15 (Ayes.) 16 CHAIR KASSEKERT: Opposed? 17 (No response.) 18 CHAIR KASSEKERT: Motion carries. 19 MR. NANCE: Item No. 2, application for 20 employee and casino service industry licenses. 21 This agenda item will be entered as Exhibit 22 list 1 and 2. 23 Exhibit List 1 consists of five 24 applications for initial and/or renewal of 25 casino key and casino employee licenses. 9 ITEM NO. 2 1 The Division has objected to licensure. 2 COMMISSIONER EPPS: I move that we 3 remand these matters for hearing. 4 COMMISSIONER SOMMELING: Second. 5 CHAIR KASSEKERT: The motion has been 6 made and seconded. All in favor? 7 (Ayes.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: The motion carries. 11 MR. NANCE: Exhibit -- okay. 12 For consideration is the casino key 13 employee license renewal application of Joanne 14 McKensie. 15 The Division has recommended that this 16 application be granted. 17 COMMISSIONER EPPS: Move that we grant 18 the application. 19 (Conferring.) 20 COMMISSIONER EPPS: I was moving it. 21 CHAIR KASSEKERT: Okay. Move to grant. 22 Okay. 23 COMMISSIONER EPPS: That's the motion. 24 CHAIR KASSEKERT: Is there a second? 25 (No response.) 10 ITEM NO. 2 1 COMMISSIONER EPPS: Dies. 2 CHAIR KASSEKERT: Is there another 3 motion? 4 VICE CHAIR HARRINGTON: I'll move that 5 we remand for hearing. 6 CHAIR KASSEKERT: Is there a second? 7 COMMISSIONER SOMMELING: Second. 8 CHAIR KASSEKERT: The motion is made and 9 seconded. All in favor? 10 (Ayes.) 11 CHAIR HARRINGTON: Opposed? 12 COMMISSIONER EPPS: Yes. 13 CHAIR KASSEKERT: Motion passes. 14 MR. NANCE: For consideration is the 15 casino employee license of Jeffrey Nguyen. 16 The Division had recommended that this 17 application be granted. 18 COMMISSIONER SOMMELING: Move to 19 approve. 20 CHAIR KASSEKERT: Is there a second to 21 that motion? 22 VICE CHAIR HARRINGTON: I'll second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 11 ITEM NO. 2 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: Motion carries. 4 MR. NANCE: Exhibit List 2 consists of 5 four applications for initial and/or renewal of 6 casino key and casino employee licenses. 7 Staff and the Division have recommended 8 that these licenses be granted. 9 VICE CHAIR HARRINGTON: I'll move that 10 we grant these applications. 11 COMMISSIONER FANELLE: Second. 12 CHAIR KASSEKERT: Motion has been made 13 and seconded. All in favor? 14 (Ayes.) 15 CHAIR KASSEKERT: Opposed? 16 (No response.) 17 CHAIR KASSEKERT: Motion carries. 18 MR. NANCE: For consideration are the 19 following applications for initial and/or 20 renewal of casino key employee licenses and for 21 qualification: For Ravneet Bhandari, Senior 22 Vice President of Revenue Management and 23 Systems for Trump Taj Mahal Associates, LLC; 24 and Lori Yeager, Vice President of Human 25 Resources for Harrah's Atlantic City Operating 12 ITEM NO. 3 1 Company, LLC, and Showboat Atlantic City 2 Operating Company, LLC. 3 Staff and the Division have recommended 4 that these applications be granted. 5 COMMISSIONER SOMMELING: Move to grant 6 the applications. 7 COMMISSIONER FANELLE: Second. 8 CHAIR KASSEKERT: The motion has been 9 made and seconded. This is a roll call vote. 10 MR. NANCE: Commissioner Sommeling? 11 COMMISSIONER SOMMELING: Yes. 12 MR. NANCE: Commissioner Epps? 13 COMMISSIONER EPPS: Yes. 14 MR. NANCE: Commissioner Fanelle? 15 COMMISSIONER FANELLE: Yes. 16 MR. NANCE: Vice Chair Harrington? 17 VICE CHAIR HARRINGTON: Yes. 18 MR. NANCE: Chair Kassekert? 19 CHAIR KASSEKERT: Yes. 20 MR. NANCE: The record will reflect that 21 the motion is unanimous. 22 Item No. 3, stipulation of settlement 23 and consent agreement. When I call your name, 24 please come forward, standing behind this 25 middle table, spreading across the room so that 13 ITEM NO. 3 1 you may be seen: Jose Paz, Josephine Evans, 2 Christopher Smith, and Terika Timberlake. 3 CHAIR KASSEKERT: Has everyone whose 4 name been called come forward at this point? 5 Good morning, sir. Could you please 6 state your name for the record? 7 MR. PAZ: Jose -- 8 CHAIR KASSEKERT: You can stay standing. 9 MR. PAZ: Jose L. Paz. 10 CHAIR KASSEKERT: All right. Okay. Mr. 11 Paz, in a moment we are going to vote on your 12 stipulation which you've agreed to with the 13 Division of Gaming Enforcement. I'm going to 14 ask at this point if you wish to be heard on 15 your matter. You don't have to say anything if 16 you don't want to. 17 MR. PAZ: No. 18 CHAIR KASSEKERT: Okay. 19 Mr. Kimmel? 20 MR. KIMMEL: The Division recommends 21 that all the stipulations be approved as 22 drafted. 23 Thank you. 24 CHAIR KASSEKERT: Thank you. 25 Any questions? 14 ITEM NO. 4 1 COMMISSIONER SOMMELING: Madame Chair, 2 move to approve the stipulations. 3 COMMISSIONER EPPS: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: Motion carries. 10 Thank you for coming. Good luck. 11 MR. PAZ: Thank you very much. Thank 12 you. 13 CHAIR KASSEKERT: Okay. 14 MR. NANCE: Item No. 4, stipulation of 15 settlement in State versus Showboat Atlantic 16 City Operating Company, LLC. 17 Miss Nagengast? 18 MS. NAGENGAST: Good morning, Chair and 19 Commissioners. 20 For your consideration is a stipulation 21 of settlement in which Showboat Atlantic City 22 admits to certain regulatory violations which 23 would result in a civil penalty of $10,000. 24 Miss Hughes is here on behalf of 25 Respondent and Mr. Ficchi on behalf of the 15 ITEM NO. 4 1 Division. 2 CHAIR KASSEKERT: Good morning, Miss 3 Hughes. 4 MS. HUGHES: Good morning. 5 I have read over the draft stipulation, 6 and I have no objection, and I ask that you 7 approve it. 8 Thank you. 9 CHAIR KASSEKERT: Thank you. 10 Mr. Ficchi? 11 MR. FICCHI: Good morning, Madame Chair, 12 Commissioners. 13 The Division would just request the 14 Commission adopt the stipulation as drafted. 15 CHAIR KASSEKERT: Thank you. 16 Any questions? 17 COMMISSIONER SOMMELING: No questions, 18 Madame Chair. 19 VICE CHAIR HARRINGTON: I'll move that 20 we approve the stipulation of settlement and 21 impose a civil penalty of $10,000 against 22 Showboat Atlantic City Operating Company, LLC, 23 for violation of Commission regulations 24 regarding gaming equipment and rules of the 25 game. 16 ITEM NO. 5 1 COMMISSIONER EPPS: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Ayes.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: Motion carries. 8 MR. NANCE: Item No. 5, stipulation of 9 settlement in Bally's Park Place, Inc. 10 Miss Nagengast? 11 MS. NAGENGAST: Chair, Commissioners, 12 for your consideration is a stipulation. This 13 time the Respondent is Bally's Park Place for 14 its violation of the various regulations and 15 statutes. They've agreed to pay a civil 16 penalty of $18,000. 17 CHAIR KASSEKERT: Miss Hughes? 18 MS. HUGHES: Good morning, 19 Commissioner -- Chair and Commissioners. 20 On behalf of Bally's, I have reviewed 21 over the stip, and ask that you approve it. 22 Thank you. 23 CHAIR KASSEKERT: Thank you. 24 Mr. Ficchi? 25 MR. FICCHI: Again, the Division asks 17 ITEM NO. 6 1 that the Commission adopt the stipulations as 2 drafted. 3 Thank you. 4 CHAIR KASSEKERT: Thank you. 5 Any questions? 6 COMMISSIONER SOMMELING: No questions, 7 Madame Chair. 8 I move to approve the stipulation of 9 settlement and impose a civil penalty of 10 $18,000 against Bally's Park Place, Inc., for 11 violation of the Commission regarding 12 equipment -- gaming equipment. 13 COMMISSIONER EPPS: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Ayes.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: The motion carries. 20 Thank you. 21 MS. HUGHES: Thank you. 22 MR. NANCE: Item No. 6, stipulation of 23 settlement in State versus Trump Taj Mahal 24 Associates. 25 Miss Nagengast? 18 ITEM NO. 6 1 MS. NAGENGAST: Chair and Commissioners, 2 in this matter the Respondent Trump Taj Mahal 3 agrees to a civil penalty of $15,000 for its 4 violation of certain underaged gambling 5 regulations. 6 Mr. Timms is here on behalf of the 7 Respondent. Mr. Ficchi is still on behalf of 8 the Division. 9 CHAIR KASSEKERT: Good morning, Mr. 10 Timms. 11 MR. TIMMS: Good morning, Chair. Good 12 morning, Commissioners. 13 I've reviewed the stipulation, and I ask 14 that it be approved. 15 CHAIR KASSEKERT: Thank you. 16 Mr. Ficchi, again? 17 MR. FICCHI: Again, the Division asks 18 for the adoption of the stipulation. 19 Thank you. 20 CHAIR KASSEKERT: Thank you. 21 And I'll ask if there are any questions? 22 COMMISSIONER SOMMELING: No questions, 23 Madame Chair. 24 COMMISSIONER FANELLE: Madame Chair, I 25 move to approve the stipulation of settlement 19 ITEM NO. 7 1 and impose a civil penalty of $15,000 against 2 Trump Taj Mahal Associates,, LLC, for violation 3 of Commission regulations regarding underaged 4 gambling. 5 COMMISSIONER EPPS: Second. 6 CHAIR KASSEKERT: The motion has been 7 made and seconded. All in favor? 8 (Ayes.) 9 CHAIR KASSEKERT: Opposed? 10 (No response.) 11 CHAIR KASSEKERT: The motion carries. 12 MR. TIMMS: Thank you. 13 MR. NANCE: Item No. 7, stipulation of 14 settlement in State versus Resorts 15 International Hotel, Inc. 16 CHAIR KASSEKERT: Miss Nagengast? 17 MS. NAGENGAST: Chair, Commissioners, 18 for this stipulation, the Respondent Resorts 19 agrees to a civil penalty of $20,000 for its 20 regulatory violations. 21 Miss Wosnack is here on behalf of the 22 Respondent, and Mr. Ficchi still on behalf of 23 the Division. 24 MS. WOSNACK: Good morning, Madame Chair 25 and Commissioners. 20 ITEM NO. 7 1 I have nothing to add other than to ask 2 that you approve the stipulation as drafted. 3 Thank you. 4 CHAIR KASSEKERT: Thank you. 5 Mr. Ficchi? 6 MR. FICCHI: The Division still asks for 7 the adoption of the stipulation as drafted. 8 Thank you. 9 CHAIR KASSEKERT: Thank you. 10 Any questions? 11 COMMISSIONER SOMMELING: No questions, 12 Madame Chair. 13 COMMISSIONER FANELLE: Madame Chair, I 14 move to approve the stipulation of settlement 15 and impose a civil penalty of $20,000 against 16 Resort International Hotel, Inc., for violation 17 of Commission regulations regarding accounting 18 and internal controls. 19 COMMISSIONER EPPS: Second. 20 CHAIR KASSEKERT: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 CHAIR KASSEKERT: Opposed? 24 (No response.) 25 CHAIR KASSEKERT: The motion carries. 21 ITEM NO. 8 1 MS. WOSNACK: Thank you very much. 2 MR. FICCHI: Thank you. 3 CHAIR KASSEKERT: Thank you. 4 MR. NANCE: Item No. 8, petition of 5 T-Mobile Northeast, LLC, for exemption from 6 casino service industry licenses. 7 Miss Nagengast? 8 MS. NAGENGAST: Chair and Commissioners, 9 for your consideration is the petition of 10 T-Mobile Northeast, LLC, seeking an exemption 11 from non-gaming CSI licensure. 12 Mr. Oettle is here on behalf of 13 Petitioners and Mr. Rogacki on behalf of the 14 Division. 15 CHAIR KASSEKERT: Good morning, Mr. 16 Oettle? 17 MR. OETTLE: Good morning, Madame Chair. 18 You have our petition and supporting 19 affidavit. The numbers are strongly in support 20 of the T-Mobile's application for exemption 21 under the recently amended Section 92 of the 22 Act. 23 And, of course, I'm available for any 24 questions. 25 CHAIR KASSEKERT: Thank you. 22 ITEM NO. 8 1 Mr. Rogacki? 2 MR. ROGACKI: Chair, Commissioners, you 3 have our March 4th letter in support of the 4 petition. 5 I'll be happy to answer any questions 6 that you have. 7 CHAIR KASSEKERT: Thank you. 8 Any questions for the parties? 9 COMMISSIONER SOMMELING: No questions, 10 Madame Chair. 11 COMMISSIONER EPPS: Madame Chair, I move 12 that we grant the petition of T-Mobile 13 Northeast, LLC, for exemption from non-gaming 14 casino service industry licensure pursuant to 15 NJSA 5:12-92(c)(3)(ii) and subject to the 16 conditions in the order. 17 COMMISSIONER SOMMELING: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 Thank you. 25 MR. OETTLE: Thank you. 23 ITEM NO. 9 1 MR. NANCE: Item No. 9, consideration of 2 the qualification of Robert Meyne to serve as 3 Vice President of Corporate Communications for 4 Boyd Gaming Corporation. 5 Miss Frank? 6 MS. FRANK: Good morning, Chair and 7 Commissioners. 8 Robert Meyne received temporary 9 qualification from the Commission in December 10 of last year. A draft resolution on his 11 plenary qualifications has been circulated to 12 the parties. 13 We have Joe Corbo here for Borgata and 14 Mr. Fogarty for the Division. 15 CHAIR KASSEKERT: Good morning, Mr. 16 Corbo. 17 MR. CORBO: Good morning, Chair and 18 Commissioners. 19 I have nothing to add to our petition 20 and have had the opportunity to take a look at 21 the draft resolution, and we're fine with that. 22 Thank you. 23 CHAIR KASSEKERT: Thank you. 24 Mr. Fogarty? 25 MR. FOGARTY: Good morning. 24 ITEM NO. 9 1 CHAIR KASSEKERT: Good morning. 2 MR. FOGARTY: We filed a letter dated 3 May 18, 2010, recommending to you that you 4 qualify Mr. Robert Meyne in the position of 5 Vice President of Corporate Communications for 6 Boyd Gaming Corporation, Boyd being the 7 ultimate parent of Borgata. 8 I have seen the draft resolution 9 prepared by Miss Frank, and I have no objection 10 to its entry. 11 CHAIR KASSEKERT: Thank you. 12 Any questions? 13 COMMISSIONER SOMMELING: No questions, 14 Madame Chair. 15 VICE CHAIR HARRINGTON: No questions. 16 COMMISSIONER SOMMELING: Move to adopt 17 the draft resolution and find Robert Meyne 18 qualified to serve as Vice President of 19 Corporate Communications for Boyd Gaming 20 Corporation. 21 COMMISSIONER EPPS: Second. 22 CHAIR KASSEKERT: Motion has been made 23 and seconded. This is a roll call vote. 24 MR. NANCE: Commissioner Sommeling? 25 COMMISSIONER SOMMELING: Yes. 25 ITEM NO. 10 1 MR. NANCE: Commissioner Epps? 2 COMMISSIONER EPPS: Yes. 3 MR. NANCE: Commissioner Fanelle? 4 COMMISSIONER FANELLE: Yes. 5 MR. NANCE: Vice Chair Harrington? 6 VICE CHAIR HARRINGTON: Yes. 7 MR. NANCE: Chair Kassekert? 8 CHAIR KASSEKERT: Yes. 9 MR. NANCE: The record will reflect that 10 the motion is unanimous. 11 CHAIR KASSEKERT: Thank you. 12 MR. CORBO: Thank you. 13 MR. FOGARTY: Thank you. 14 MR. NANCE: Item 10, plenary 15 qualification of Donald Marrandino, as 16 President, Eastern Division of Harrah's 17 Corporate Entertainment, Inc., and Harrah's 18 Operating Company, Inc., and Senior Vice 19 President of Harrah's Atlantic City Operating 20 Company, LLC, and Showboat Atlantic City 21 Operating Company, LLC, Bally's Park Place, 22 Inc., and Boardwalk Regency Corporation. 23 Miss Frank? 24 MS. FRANK: Donald Marrandino received 25 temporary qualification from the Commission in 26 ITEM NO. 10 1 September of 2009. A draft resolution on his 2 plenary qualification has been circulated to 3 the parties. 4 Miss Hughes is here for Harrah's and 5 Miss Flaherty for the Division. 6 CHAIR KASSEKERT: Miss Hughes? 7 MS. HUGHES: Good morning, Chair, 8 Commissioners. 9 On behalf of Harrah's, I want to thank 10 both the Commission and the Division for their 11 timely reviewing everything and ask that you 12 approve this petition. 13 Thanks. 14 CHAIR KASSEKERT: Thank you. 15 Miss Flaherty? 16 MS. FLAHERTY: Yes. Good morning, Chair 17 and Commissioners. 18 The Division submitted a report dated 19 May 13th regarding Mr. Marrandino's credentials 20 recommending his qualification. We've reviewed 21 are the draft resolution and have no issue with 22 that. 23 Thank you. 24 CHAIR KASSEKERT: Thank you. 25 Any questions? 27 ITEM NO. 10 1 COMMISSIONER SOMMELING: No questions, 2 Madame Chair. 3 CHAIR KASSEKERT: Commissioner Epps? Do 4 you have a question? 5 VICE CHAIR HARRINGTON: Well, I will 6 move that we adopt the draft resolution and 7 find Donald Marrandino qualified to serve as 8 President, Eastern Division of Harrah's 9 Entertainment, Inc., and Harrah's Operating 10 Company, Inc., and Senior Vice President of 11 Harrah's Atlantic City Operating Company, LLC, 12 Showboat Atlantic City Operating Company, LLC, 13 Bally's Park place, Inc., and Boardwalk Regency 14 Corporation. 15 COMMISSIONER FANELLE: Second. 16 CHAIR KASSEKERT: Motion has been made 17 and seconded. This is a roll call vote. 18 MR. NANCE: Commissioner Sommeling? 19 COMMISSIONER SOMMELING: Yes. 20 MR. NANCE: Commissioner Epps? 21 COMMISSIONER EPPS: Yes. 22 MR. NANCE: Commissioner Fanelle? 23 COMMISSIONER FANELLE: Yes. 24 MR. NANCE: Vice Chair Harrington? 25 VICE CHAIR HARRINGTON: Yes. 28 ITEM NO. 11 1 MR. NANCE: Chair Kassekert? 2 CHAIR KASSEKERT: Yes. 3 MR. NANCE: The record will reflect that 4 the motion is unanimous. 5 MS. HUGHES: Thank you. 6 MS. FRANK: Thank you. 7 MR. NANCE: Item No. 11, petition of 8 Trump Taj Mahal Associates, LLC, for permission 9 to transfer progressive slot jackpots pursuant 10 in NJAC 19:45-1.39(n). 11 Mr. Briliant? 12 MR. BRILIANT: Good morning, Madame 13 Chair and Commissioners. 14 Miss Pickus is here on behalf of the 15 petitioner. Mr. Kimmel is here on behalf of 16 the Division. 17 CHAIR KASSEKERT: Good morning, Miss 18 Pickus, how are you? 19 MS. PICKUS: Good morning. How are you? 20 This is our application to move a 21 jackpot from one progressive machine to 22 another. There were some technical questions 23 raised by your staff and the Division and, 24 therefore, I brought with me our Chief Slot 25 Technician, Pete Masarone, who's been very 29 ITEM NO. 11 1 capable and responding in case there were more 2 questions today. 3 As you know, we want to move one jackpot 4 to a different link because of public demand, 5 and we're hopeful that we've met the criteria 6 that you've set. 7 CHAIR KASSEKERT: Thank you. 8 Anyone have any questions from Miss 9 Pickus before we hear from the Division? Okay. 10 Mr. Kimmel? 11 MR. KIMMEL: Actually, at this point, 12 from what I understand, it might be easier if 13 Mr. Masarone actually took the stand and let me 14 question him. 15 CHAIR KASSEKERT: That would be 16 acceptable. 17 Would you stand and you can take -- 18 stand right there, and we'll swear you in. 19 20 PETE MASARONE, having been first duly 21 sworn to tell the truth, testified as follows: 22 23 MR. NANCE: Please state your name for 24 the record. 25 MR. MASARONE: Pete Masarone. 30 Masarone - Kimmel 1 MR. NANCE: Please spell your name for 2 the record. 3 MR. MASARONE: P-e-t-e, M-a-s-a-r-o-n-e. 4 MR. NANCE: Thank you. 5 CHAIR KASSEKERT: Thank you. You may be 6 seated. 7 Mr. Kimmel? 8 9 EXAMINATION BY MR. KIMMEL: 10 Q. You are the Chief Slot Technician for 11 Trump Taj Mahal? 12 A. That's correct. 13 Q. How long have you been working in slot 14 machines? 15 A. Since 1985. 16 Q. So you have some experience with how the 17 progressive slot machines work? 18 A. I do. 19 Q. Okay. Let's turn to this particular 20 link. You have two Aristocrat stand-alones that you 21 want to transfer because they are not being played? 22 A. That's correct. 23 Q. Secondary jackpot has very low odds as 24 opposed to the primary jackpot; is that correct? 25 A. That is correct. 31 Masarone - Kimmel 1 Q. And you want to transfer the secondary 2 jackpot to the primary jackpot of Joker Poker system; 3 is that correct? 4 A. That is correct. 5 Q. Okay. The odds in the Joker Poker are 6 some 10,000 to one. That's an enormous leap, and it 7 has obviously caused some concern. Can you explain 8 the technical limitations that require you to pick 9 Joker Poker as opposed to a different system? 10 A. Basically, what we deal with with these 11 double stand-alone progressives is that they all have 12 in-game progressive controllers, and they have 13 limitations to them. You cannot just put an amount up 14 there. 15 Now, if I was to try to actually take 16 the amounts from the two Aristocrat Soprano's double 17 stand-alone progressives and actually transfer to 18 something with similar odds, there would be 19 restrictions on those other games that have similar 20 odds. So my hands are tied a little bit there. 21 Basically, the manufacturer knows of the 22 problem, and they're working towards a fix to that 23 problem. The next best thing for me to do is actually 24 take an in-base controller that is actually on the 25 floor where I can actually put this amount. 32 Masarone - Kimmel 1 Q. So if I can stop you. The Joker Poker 2 link has sort of an external controller that you can 3 stop and add money to whereas the other games with 4 similar odds to the Soprano's machines are all 5 hard-wired and cannot have money added to those 6 jackpots? 7 A. That's correct. 8 Q. Okay. So that even though the odds are 9 different, this is something that is technically 10 capable of being done, and that's why you chose it. 11 A. That is correct. And, you know, I do 12 have to post a slot machine with a 30-day notice. So 13 at the time when the 30 days is actually up, I do not 14 know what those two Aristocrat progressive jackpots 15 will be. So that plays into actually transferring, 16 also. So I need to use an in-base controller in this 17 situation. 18 Q. The secondary jackpots that you want to 19 transfer are somewhat low, between 50 and $60 at this 20 point? 21 A. Yes. 22 Q. Okay. And you want to transfer that to 23 a jackpots of the Joker Poker system that has -- do 24 you know how much money at this point? 25 A. I believe it's probably about 1150. 33 Masarone - Kimmel 1 Q. $1150? 2 A. Yes. 3 Q. So adding an additional hundred dollars 4 from the secondary jackpot is not going to make a 5 major difference to Joker Poker. 6 A. Not at all. 7 MR. KIMMEL: Okay. I don't have any 8 further questions. 9 CHAIR KASSEKERT: Miss Pickus? Do you 10 have any further questions? 11 I probably should have had you -- we 12 went right into cross-examination. 13 MR. PICKUS: No. Chuck did a great job. 14 (Laughter.) 15 MS. PICKUS: Thank you. 16 CHAIR KASSEKERT: Let me ask if any of 17 the commissioners have any questions? 18 Commissioner Epps? 19 COMMISSIONER EPPS: Well, I do have one 20 question. 21 When you bring new product on, 22 particularly for progressive product, do you 23 look with foresight as to what would happen if 24 they're not popular, and then you have to take 25 them off? Because you run into situations like 34 Masarone 1 this, because I guess if you're looking 2 prospectively saying, okay, we want to buy this 3 product. But if it turns out the product 4 doesn't work so good and we need to take it 5 down, what's our exit strategy? It seems that 6 you didn't foresee the exit strategy in this 7 situation because you couldn't get it -- you're 8 in a situation where it's not successful, and 9 you can't get it down so you have to do 10 something extraordinary to get the product that 11 is not popular off. Is that accurate? 12 THE WITNESS: I mean, that is accurate. 13 And moving forward we actually check everything 14 that we actually potentially actually do. Did 15 not know that a lot of these games had 16 limitations on the in-game progressive 17 controllers. And I learned a lesson that way. 18 COMMISSIONER EPPS: Okay. So 19 prospectively you would be able to do this 20 analysis for, like, an exit strategy if you're 21 going to buy a product, and it's a progressive 22 or multi-level progressive. 23 THE WITNESS: Uh-huh. 24 COMMISSIONER EPPS: If it turns out that 25 it's something that you want to remove, knowing 35 Masarone 1 what the removal process is, you can figure out 2 what your exit strategy is. And if it's 3 available -- if there's a methodology available 4 to you to get out of the game. 5 THE WITNESS: Yes. 6 COMMISSIONER EPPS: Okay. 7 CHAIR KASSEKERT: Any -- Commissioner 8 Harrington? 9 VICE CHAIR HARRINGTON: Yeah. You 10 mentioned an M-based [sic] controller. Can you 11 tell me what that is? 12 THE WITNESS: It's like an in-base 13 controller. It's basically a controller that 14 sits in the base and actually controls a bank 15 of machines. And based on the -- you can 16 actually set parameters on that. The 17 particular Joker Poker link we wanted to 18 transfer the money to has no limit on the 19 jackpot that you put in there. And that's the 20 way it was approved by the DGE and submitted by 21 us. So basically taking this, let's say, $800 22 and moving it over to this in-base controller 23 is absolutely doable, and there would be no 24 problem. 25 VICE CHAIR HARRINGTON: And that gives 36 Masarone 1 you more flexibility? 2 THE WITNESS: Yeah. And it gives me 3 flexibility as to the amount. Recently I tried 4 to transfer a few different jackpots to 5 something that had very similar odds. And when 6 I went to do the transfer, the games would not 7 let me do it because I was over what that 8 controller would actually let me put as far as 9 an amount was. So to simplify it, I basically 10 had to go an in-base controller. And this was 11 the lowest odds or the most compatible odds to 12 the most two Soprano's games. 13 VICE CHAIR HARRINGTON: Thank you. 14 CHAIR KASSEKERT: What is that limit 15 normally that would allow you to transfer or -- 16 I mean, what would that in-base -- 17 THE WITNESS: Well, I mean -- let's just 18 say the Joker Poker link I want to transfer has 19 a reset of a thousand dollars. 20 CHAIR KASSEKERT: Okay. So it would 21 be -- 22 THE WITNESS: So I could put $500,000 on 23 that because they have no limit. 24 CHAIR KASSEKERT: Uh-hum. 25 THE WITNESS: Theoretically, it hits 37 Masarone 1 just about every day on a daily basis. And, 2 theoretically, with the amount that goes in, 3 it's going to hit -- with a reset of a thousand 4 dollars start off, it's going to hit at -- 5 maybe -- it's going to hit at about $1200. 6 MR. KIMMEL: If I may, I don't think 7 that responded to your question. I think you 8 were asking what is the limitations on the 9 other machines. And I think the answer is 10 1199, actually. 11 THE WITNESS: Yeah. 12 MR. KIMMEL: You want to explain that? 13 CHAIR KASSEKERT: Yeah. Please. 14 THE WITNESS: On the actual in-game 15 controllers? 16 CHAIR KASSEKERT: Yes. 17 THE WITNESS: Yeah. I mean, and it 18 varies from game to game. When you look at 19 different odds and you try to do a transfer. I 20 mean, it might be ten times the reset amount. 21 Okay? And then some games, it may be 15 times 22 of the reset amount. That's something that I 23 actually learned through this process. And the 24 manufacturers really did not bring to my 25 attention. 38 Masarone 1 So I mean, you know, if a reset is a 2 hundred dollars, you can only go maybe another 3 hundred dollars to add. 4 CHAIR KASSEKERT: Uh-hum. 5 THE WITNESS: So that game has similar 6 odds. But, of course, I can't move $800 over 7 to it because it can only accept up to $200. 8 CHAIR KASSEKERT: Okay. 9 THE WITNESS: And that is something that 10 the manufacturers are working on. 11 CHAIR KASSEKERT: Uh-hum. 12 THE WITNESS: Moving forward. 13 CHAIR KASSEKERT: Any other questions? 14 COMMISSIONER SOMMELING: No questions, 15 Madame Chair. 16 CHAIR KASSEKERT: Any other questions 17 from you, Mr. Kimmel? 18 Miss Pickus? 19 MS. PICKUS: No. But, Chair, I do have 20 another witness who was able on join us today, 21 my Director of Slot Operations, if we could be 22 heard, too. 23 MR. MOLINA: If you don't mind, I would 24 just like to address -- 25 CHAIR KASSEKERT: We need to swear you 39 Molina - Pickus 1 in. 2 Thank you. Yeah. Right there is fine. 3 4 THOMAS SCOTT MOLINA, having been first 5 duly sworn to tell the truth, testified as 6 follows: 7 8 MR. NANCE: Please state your name for 9 the record. 10 MR. MOLINA: Thomas Molina, M-o-l-i-n-a. 11 MR. NANCE: Thank you. 12 CHAIR KASSEKERT: Miss Pickus? 13 14 EXAMINATION BY MS. PICKUS: 15 Q. Yes. Scott, can you go ahead and tell 16 us your concern about this transfer. 17 A. Yeah. I just want to address Mr. Epp's 18 question because that was a good question, the exit 19 strategy. Unfortunately, these are the most popular 20 games in the industry right now, multi-level 21 progressives. And the manufacturers typically 22 designed these games with not our regulations in mind. 23 The exit strategy for every other jurisdiction is just 24 basically remove the progressive because they're 25 always small amounts. In this case here, I'll give 40 Molina - Pickus 1 you an example of not -- not specifically this one. 2 Might be resets the 50, guaranteed hit before 400. 3 And then, as Pete was saying, we can't put anything on 4 top of that meter greater than 400. But the exit 5 strategy for them is basically just to take the 6 progressive away because it's a small amount. I 7 believe we are the only jurisdiction that does not 8 allow that to happen right now. 9 In addition to that, I know there's 10 another -- there was another question posed to us 11 about maybe we could set the game to lock up. In the 12 case of these small progressive amounts, if we did 13 configure the game to lock up, which we do on anything 14 more than 1199, we could do that. But there are many, 15 many jackpots in addition to the progressive jackpots 16 that would lock up. And you can understand what the 17 impact that would have on our staffing at that time. 18 So if we configured this game, which let's use an 19 example of this games. Say the meter is reset to 50, 20 resets before 400, we configure it to lock up on, say, 21 a hundred dollars in this case here, it could actually 22 have thousands of hits of a hundred dollars before it 23 actually hits that progressive amount. So we're very, 24 very difficult. Our hands are really tied on these. 25 And we have reached out to the manufacturers, and 41 Molina - Pickus 1 they're aware New Jersey has certain regs, and they 2 are trying to address those -- those issues. So we 3 have done that. I just wanted to make sure that 4 you're aware of that. 5 CHAIR KASSEKERT: Thank you. 6 Let me ask if there are any other 7 questions? 8 Mr. Kimmel do you have any? 9 MR. KIMMEL: No questions, thank you. 10 COMMISSIONER SOMMELING: No questions, 11 Madame Chair. 12 CHAIR KASSEKERT: Okay. Thank you very 13 much. You may step down. 14 VICE CHAIR HARRINGTON: I will move that 15 we adopt the draft resolution and approve the 16 slot jackpot transfers by waiving NJAC 17 19:45-1.39(n)1 on the basis that this is a 18 special case and find good cause for the waiver 19 pursuant to NJAC 19:45-1.3(d) based on 20 technical problems beyond the control of Trump 21 Taj Mahal Associates, LLC, with regard to these 22 jackpots and subject to compliance with the 23 30-day notice requirement in NJAC 24 19:45-1.39(n). 25 COMMISSIONER SOMMELING: Second. 42 ITEM NO. 13 1 CHAIR KASSEKERT: The motion has been 2 made and seconded. All in favor? 3 (Ayes.) 4 CHAIR KASSEKERT: Opposed? 5 (No response.) 6 CHAIR KASSEKERT: The motion carries. 7 Thank you. 8 We're going to take a brief recess. 9 MR. NANCE: Take the last item. 10 CHAIR KASSEKERT: We're going to do 13 11 first? Okay. That's fine. 12 MR. NANCE: For your consideration, Item 13 No. 13, members of Casino Control Act Internal 14 Audit Committee Resolution to replace Steven 15 Petrecca of the Department of Treasury with the 16 Department of Treasury Designee. 17 Miss Fauntleroy? 18 MS. FAUNTLEROY: Yes. This matter is as 19 a result of Executive Order 122 which requires 20 that the Commission maintain an internal audit 21 committee. In April of '07, you reorganized 22 that committee to consist of Commissioner 23 Fanelle, Commissioner Epps, and Steve Petrecca 24 of the Treasury -- the Treasurer's Office, 25 Office of Management and Budget. 43 ITEM NO. 13 1 We have been notified by the Treasurer 2 that the Treasurer wishes to recommend an 3 alternate designee. The draft resolution 4 proposes that in lieu of placing that 5 individual's named, that the resolution reflect 6 the designee of the Treasurer so that going 7 forward, if there is someone else, then the 8 committee can move forward without requiring 9 commissioner action to identify that specific 10 individual. 11 CHAIR KASSEKERT: Thank you. 12 Any questions? 13 COMMISSIONER SOMMELING: No questions, 14 Madame Chair. 15 COMMISSIONER EPPS: I move that we adopt 16 the draft resolution and replace Steven 17 Petrecca of the Department of Treasury with the 18 Department of Treasury Designee on the 19 Commission Internal Audit Committee. 20 COMMISSIONER SOMMELING: Second. 21 CHAIR KASSEKERT: The motion has been 22 made and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 44 ITEM NO. 12 1 CHAIR KASSEKERT: The motion carries. 2 Now we'll take a brief recess. 3 MS. FAUNTLEROY: I believe he's asking 4 for 30 minutes. 5 CHAIR KASSEKERT: Thirty minutes? 6 That's fine. 7 (A recess was taken from 11:05 to 12:13 8 a.m.) 9 CHAIR KASSEKERT: We'll go back on the 10 record. 11 Miss Kaufman? 12 MS. KAUFMAN: Yes. Thank you. 13 I'd like to request an adjournment of 14 the approval of the material debt transaction 15 for MDDC until June 16th, at the next meeting? 16 CHAIR KASSEKERT: Mr. Fogarty? 17 MR. FOGARTY: We have no objections so 18 long as we get the new information to allow us 19 time to analyze it by Friday, June the 4th. 20 CHAIR KASSEKERT: And that will occur? 21 MS. KAUFMAN: Yes. 22 CHAIR KASSEKERT: Thank you. 23 Is there any other matters that need to 24 be brought to our attention at this time? 25 MS. FAUNTLEROY: No. 45 1 CHAIR KASSEKERT: Okay. 2 MR. NANCE: In accordance with 3 Resolution No. 09-12-16-20, the next closed 4 session of the Commission shall be held on 5 Wednesday, June 16th, 2010, at 9:15 a.m. in the 6 commission offices. 7 It is now time for the public 8 participation portion of the meeting. 9 CHAIR KASSEKERT: Is there anyone from 10 the public that wishes to be heard? 11 (No response.) 12 CHAIR KASSEKERT: Seeing no one, I'll 13 declare this portion of the meeting closed and 14 entertain a motion to adjourn. 15 COMMISSIONER SOMMELING: Motion to 16 adjourn. 17 CHAIR KASSEKERT: Is there a second? 18 VICE CHAIR HARRINGTON: Second. 19 COMMISSIONER EPPS: Second. 20 CHAIR KASSEKERT: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 CHAIR KASSEKERT: Opposed? 24 (No response.) 25 CHAIR KASSEKERT: Motion carries. 46 1 (Public Meeting 10-06-02 was adjourned 2 at 12:15 p.m.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 1 2 C E R T I F I C A T E 3 4 5 I, DARLENE SILLITOE, a Certified Court 6 Reporter and Notary Public of the State of New 7 Jersey, certify that the foregoing is a true 8 and accurate transcript of the proceedings. 9 10 11 I further certify that I am neither 12 attorney, of counsel for, nor related to or 13 employed by any of the parties to the action; 14 further that I am not a relative or employee of 15 any attorney or counsel employed in this case; 16 nor am I financially interested in the action. 17 18 19 DARLENE SILLITOE CCR 20 License No XI01023 21 22 Dated: June 4, 2010 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25