Rob Witmer, the leader of the Toucans Steel Drum Band, spent the entire day of Monday, March 20 in deposition with Neil Greenstein, a lawyer from the San Jose branch of Oblon, Spivak, McClelland, Maier & Neustadt, Kellogg's representatives in this case. According to Mr. Witmer, some of the questions were less than incisive...

(All quotes accurately paraphrased)

At many points in the deposition, Mr. Greenstein asked questions about the food served at our performances. According to our attorney Neil Sussman, these questions were aimed at learning whether the Toucans had ever played at places where breakfast foods, including cereals, were served.

Neil Greenstein: "Do you recall a performance at Bruegger's Bagels?"
Robertson Witmer: "Yes."
NG: "Am I correct in assuming that bagels were served there?"
RW: "Yes."
NG: "Were there other kinds of food served there?"
RW: "I believe coffee and soup were served."
NG: "Were there any eggs being served?"
RW: "No."

Upon learning that no eggs had been served, Mr. Greenstein moved on to a new subject.

NG: "Do you recall a performance at the Ballard Seafood Fest?"
RW: "Yes."
NG: "Was there any food served?"
RW: "Yes."
NG: "What kind of food?"
RW: "Seafood."

After quite a number of questions on this topic, Mr. Greenstein moved on. Noticing that in the band's album photo Mr. Witmer was wearing a t-shirt depicting Ernie & Bert from the popular tv show Sesame Street, Mr. Greenstein asked:

NG: "Are you affiliated with Sesame Street in any way?"
RW: "No."
NG: "Do you work for Sesame Street?"
RW: "No."
NG: "How did you come to be wearing that shirt in the photo?"
RW: "I purchased the shirt."

Mr. Greenstein then abandoned this line of questioning.

On a less amusing note, much of Mr. Witmer's time and money was wasted during the day, in part as Mr. Greenstein unsuccessfully attempted to communicate with Jeffrey Kaufman (primary counsel for Kellogg's) in Arlington, VA via modem. Counsel for the Toucans billed this time (at no charge) with the explanation, "time spent due to inability of the opposer to successfully use complex technology".

The deposition was rescheduled to continue on April 3 by mutual agreement of the parties.

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