Trone et al v. Peanut Corporation of America
Filing
24
Trone et al v. Peanut Corporation of America
Doc. 24 Att. 1
Dockets.Justia.com
MARK
CUBAN
ARBITRATION
DON
NO
1310016794
NELSON
la
Counterrespondent
vs
DALLAS DALLAS BASKETBALL LIMITED
dba
CIVIL ARBITRATION PENDING BEFORE JAMS
MAVERICKS
Respondent
laimant
10
ORAL
AND
VIDEOTAPED MARK
DEPOSITION
OF
CUBAN
12 13 14 15 16 17 18 19 20 21 22 23 24
January
18th
2008
ANSWERS
AND
VIDEOTAPED of the
DEPOSITION
of
on
MARK the of
CUBAN
18th
taken of
at
the
instance
Plaintiff
the
day
January
AD
in
2008
the of
in
between above Fish
hours
and
942
am
Main
and cause
432
at
styled
numbered 1717
the
offices
Richardson
Street
Suite
5000
Cal
Dallas Dallas RDR
State and
County
Texas
before
Jerry
in
laway
for the Rules
Certified of
Shorthand pursuant stated
on
Reporter
to
and
Texas
provisions
the
Arbitration
the
the
record
2148555300
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8004457718
MARK
CUBAN
094158
094158
THE January time
is
VIDEOGRAPHER
Todays date
on
is
094204
the
2008
We
be
are
the
record
on
The the video
Will
094207
942
all
am
their
Please
advised
be
while
094211
record Counsel
microphones
will
recording for the Steve
audio record
we
or
094213
state
appearances
094216
MR
represent Basketball
10 11 12 13 14
ODG
and
LL
Dal
Stodgh
094218
the
Defendant
las
Mavericks
is
Dal
las
094222
Limited
in
which
also
094227
counterclaimant producing Robert
the Mark
lawsuit
Cuban
and
weve
got
is
we
are
094230
witness general Jeff
today
Present Mark Cuban
094235
Hart
counsel
for the partner
094238
companies Richardson
and
at
Fish
094242
094244
MR
16 17 18 19 20
DAVENPORT
and
Im
Ryan
Mark
Davenport
represent
094246
along
Don
with
Don
Col leluori
McComber
094250
Nelson
MARK
CUBAN
testified
as
having
been
first
duly
sworn
follows
EXAMINATION
BY
094303
21 22 23 24 25
MR
DAVENPORT
Please Mark state your
094303
name
094307
Cuban Cuban
just met you
few for minutes
094308
Mr Im
Mark
ago
094311
Davenport
Im
the
lawyer
Mr
Nelson
855
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CUBAN
094314
rn
going
to
ask
Do
you you
some
questions who
today
am
about and who
this
094317
arbitration
understand
094320
represent Yes
Have
094321
sir
you done this
094321
before
094322
Yes Okay
you know you
sir
So
094323
dont
oath
need
to
go
through
all
the
094326
are
under
stuff
094327
Yes
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
sir
Since
tell
094328
Okay before
let me
we
havent
little
to
worked bit
together how take not to ask here
094333
you here
about
094335
depositions
to
not trick
badger
you
here you
094341
ask
you
questions
And can
Im
if
not ask me
you
094344
question that you
thats unfair
question answer and
094348
dont
of the
think way
you
give
truthful you stop
094350
because then
worded the
it
wi
me
094353
will
repeat
question
094354
Sure
Is
094354
that
fair
enough
And
you
will
have
to
094357
answer
094367
Yes
me
sir
with Let me
094358
yes
hand and are
or
no
Exhibit which turn over
is
094402
you
if
our the
094404
Notice back of
of
Deposition
since we
you
wi
on
094408
it
suing
company weve
asked
2148555300
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CUBAN
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102055
Do
you
see
that
55h
102056
Yes Now
being terms
on
sir lets say that 7th 2002
We this and for was agreement
it
came under
into its
102102
February
1997 okay
it
expired
102107
June
30th Okay
hypothetical
102114
question
it
know
its
amended
had not
But been
is
assuming amended
it
102118
had
expired not that of
under
terms
on
and
102122
and
had
been
removed Nelson
June have
30th
been
2002
free
not
102125
fact
10 11 12
13
Mr
would
to
become
102128
the
coach
another you
team
are asking
in
102131
Again
conclusion prepared
to on do
me to and
come
to
legal
102133
contract
1997
Im just
not
102136
that
you for of hypothetical
legal
102137
14 15 16 17 18 19 20 21 22 23 24 25
Im Im
not
asking you
question and
am
102140
asking
conclusion
agreement
as
asking of
102143
for your the Mavs
understanding
is
the you
president
102145
that
is
what
am
are
president
102146
What You
it
the
president honcho
Just the
102148
are
head
102152
MR
am
HART
owner
102153
just the
owner
Just the
102154
BY MR
Yeah
Who
is
DAVENPORT
owner
102155
102155
the
president
102157
Terdema
right UARS
2148555300
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CUBAN
112
121208
first We
round
down
and
it
was
one
of
the first
best two and and
by 40
comebacks games won two we
at
ever home
121212
went we then
in
20
we
lost
loosing went game we
to
in
the
121216
Then and back game
then we game which
Houston
games
came
in
121219
Houston
Houston
So
then
121221
and was
it is
beat
points that then we
121226
incredible
it
from and
121229
perspective Phoenix
in
was next this
was
great
lost
to
121233
the
round
is
121235
Now
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
0405
the step events down are going
as
121241
Yes
We where
sir
that
wi
121242
know
to
develop
on
121248
Mr
Nelson
head
coach
March
121255
19th
2005
Yes Okay
We were you
121256
sir
Tel at me
121257
how
that
came
about
Tux to Tux
be and
1213
02
our
charity
it
event
121308
Tennies event
Nellie most
and
And
know
Del
was
just going
to me
another that the
be to
121311
then
Harris
came
and
said
121314
wanted
out
Nellie to
was
ready was
to
leave
and to
121320
important And that
thing
if we
Nellie
continuing we from resign were him and
121323
paid
get
didnt
been
pay
him
going
to
121327
exactly Would
what
we
had
getting him
this
121330
date
to
consider
letting
continue
121334
pay
him
And
121335
said
Where
do
sign
You
2148555300
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8004457718
MARK
CUBAN
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121339
know trying
and
will
qualify and
had
that
had changed getting His when been
up
think having to that and
well
am
121344
yeah
Avery what
121347
conversations
in
point more was
was
121349
talking
to
Avery
he
was was
more
121353
comfortable meeting
to my
that
ready
And
do so
preparation when
Del
121357
desperation
like
came
121402
me
was
Where
see
sign
this
is
121405
Okay
strike
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to
Lets
what
well
121410
that
Were you and at
121410
Mr
Nelson
beating
each
121414
other
up
in
the
press was
that
point
121416
Nellie saying anything going
in
throwing
in
dont
the
go to
recall
my
121420
specific
let
press other than Hawaii
And
and
121423
wasnt
going
it
to
Nellie him the
remember remember
it if
121426
and
telling year
or
that
previous
am
dont
121428
was
that
year
going
think
to am
was
121431
that
year
saying
to to
in
Look
you work
not
fire not
you
going
33h
121436
amgoing
pay you
make
go to
this out
And
Hawaii at
dont
in
remember Later what
121441
specifics than was
the
press but the
am
that
point
time
121447
that
going
yes
on
in
dont
press
sure your
remember
the
specifics
121449
121451
Okay petition
have
recol
you
read of
the events little
and
121453
Obviously
lection are
121455
Mr
Nelsons recollection
of
events
bit
2148555300
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MARK
CUBAN
118
121916
had
some
understanding our of
of knew
Avery
knew And Avery
our actual would
ly
121919
players and
talked good
to
players our
Avery
who felt
121922
some
players
do
121925
job
So
121926
March step
of
05
not
then
make
Mr
big
Nelson
says
he
will
121935
graciously
He
down
use
scene
yes
yeah
121940
didnt
those
words
to
me but
121942
that
was
my
understanding
he
121942
When
10 11 12
13
stepped the
down club
to
let
Mr
honor
Avery the
step terms
in
of
121947
you his
assured
him that
would
121951
contract correct
believe
121954
dont
believe
know
specifically
the
121956
exact
words
When
but
he
so yes
in
sir
you never told
121958
14
stepped not
in
down
March
122003
him that
16 17 18 19 20 21 22
23
he
would kick
receive
his
consultant
is
salary
122013
that
would
on
19
back of
1st
2006
that
correct
122018
Thats Okay
Looking him and
at
correct Now
amount at good
to
122025
my earlier that the
question
club was
he
122028
the
money
paying
122030
looking doing fact good
your
allegations looking had
today
at
that
122033
wasnt
and the
job and
Johnson
your
al legati
ons
122037
that
Mr
been
he
had
been coming
122040
pretty
shape
to me we
mean
again are
you why
thought you to
was
122043
24 25
along
explain
wouldnt
terminate
have you
just
for
122046
said Mr
Nelson
going
2148555300
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8004457718
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CUBAN
121
122255
with
the
press couldnt
Was
he
122255
speak
to
that
Randy They
dont know
Galloway buddies
highly ask of
122256
popular
with
122258
Yeah
Why
yeah
yeah
were
so to
122301
did
Mr
Galloway
think have stuff
him
122304
dont know
But
Youd
nice
Randy him wouldnt
122306
hed
write
about
122308
he
My 10 11 12
13
122308
understanding
is
they
are
drinking
buddies
122311
yes
The peop Was
he
122311
was
Mr
Nelson with
popular
with and
other the
122315
popular
the
players
122317
coaches
Some coaches players some the
122318
14 15 16 17 18 19 20 21 22 23 24 25
yes
some
players Some
in
no
the
Some organization
by
122320
yes
in
coaches
no
122323
yes
some
organization
So
no
deal
It
varied
person
122327
All
right couldnt
the
was say across the would not
122329
You board make
he
couldnt
by
122332
was
just wellliked
about you
everybody
122335
that
statement
Do
Nellie
are
122336
you have
think
no
wellliked
by
everybody
122339
idea
122340
As
of you
March say
to
if
2005 you
your
then
step
he
steps
down
as
head
we
122348
coach
wi
and
aside and
graceful
let
ly
122352
continue
honor
contract
Avery
2148555300
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CUBAN
122
122355
start
coaching
and
team
and
he
did
that
as to
122357
MR
Yes sir
STODGHILL
Objection
form
122358
122359
BY MR
Mr
head What Nelson coaching else did That
DAVENPORT
you
he
Now
what
did
you
expect away his
122400
since
had was
effectively helping
taken the
122405
duties
you was
with
draft
122409
122409
before
No
that
was
before
Huh
122410
10 11 12
13
When while
he
he
was
helping
with for
the
draft
that
was
122414
was Why
still
employed March
both
positions
122416
post
19
2005
122418
Right
what
To be he
122418
14 15 16 17 18 19 20 21 22 23 24 25
did
you
expect when we
Mr
had
Nelson
to
do
or
122420
available was best and
questions had the
that
122423
we
felt
that of
prepared to not
or We
greatest there
122426
amount would would and
experience issues that
help
issues
and
knew
that
122429
be
but
that
Avery we had
Del
122432
have
questions
and
to
you
ley and
know
and
be
although
as
122434
Donny him were very the
Larry
be
Ri
others
avai
resource resource
Nellie situations
be
we
122438
wanted There
be
there
lable as
is
122441
certain effective benefit was
he
you
know
and
Nellie
in
can
122444
coach
of that
certain could
if
122447
having
knowledge
to
of
value
122449
So
available
you
you
needed
him
2148555300
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CUBAN
156
135739
MR
Thats
attorneys
STODGHILL
legal
Objection
as
to
form
with
my
135740
discussion
would
have
135742
dont BY MR
know
specifically
135743
DAVENPORT
on
dont
15th
like
want the
to
hide
the
135745
ball
from of
you pun
but
the
hide you
ball thats
around
135748
kind the
right
how The about
on
Maybe
dancing
135751
question
that
the
135754
15th
the
Mavs and we
did
not
make
135758
that
10 11 12 13 14 15 16 17 18 19 20 21 22
23
payment
at
so
Mr
Nelson
in
contends
contend
had
135801
that
that the
instant
time the
Mavericks
first we
135805
breached are
contract you
understand
thats what
135807
claiming
understand
13
5807
it but
have
no
135809
Okay
135809
dont
Okay then
know
the
legal go
definition
to
of
breach
135811
Now
lets
back
the
exhibit
135815
13
58 18
MR MR MR BY MR
it
page
STODGH
LL
Which
exhibit
135821
DAVENPORT
STODGH
Exhibit
11
135822
LL
Okay
If
13
5823
DAVENPORT
going
to go
can
pick
back
up
on at
135832
Okay
of this
am
to
Wednesday
look
135841
135843
24 25
Okay
See
if
135844
we
can
pick
this
up
July
2148555300
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CUBAN
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135851
2006
preparing that found
Okay
for the
We
dont
in
Ill
and
tell
you
in
135854
deposition
reviewing to our
the
emai
we
Is
135858
youall produced
no
response was
request
on
135901
communication between the
that
produced showed almost
this
and
135906
subject one
so
ones
ye just
So
you
the
or
135909
starting
July
26th
thats
month
135917
135917
Correct
where
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
135917
we
cant
find
is
anything
July Nellie
So
the
first
oyd
135919
thing Jahner check
we
see
on
this topic got
call
the
26
2006
135925
wrote
and the
from not
regarding
in
his
135930
200000
He
we
did that
include not
his
in
135934
compensation
the negotiations
if
states
at
this was his
discussed
He
135939
the of
time of this
in
departure
Then
135944
asked asking turning talk you
we
had he
any
writing
he
when
to
135947
what
should
to
do
next
briefly told him with
alluded him
In
135952
this over
his
me
attorney
to call
would case
his to
135956
to
you
to
He
asked
back
140000
want
is
discuss and
this directly
Nellie
you want
new
140003
number
such
such
Tell
me how
140005
proceed So
when
140007
Mr
he
Nelson did
didnt
call
receive Floyd
his
140012
payment the first thing
and say
was
Jahner
140016
whats
up
140018
Uhhuh
2148555300
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MARK
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140016
Why this was you And want you not
me
didnt
and
to do and
get Jahner how
my
is
payment
now
And
he
states what
do
140022
asking me
you
to
140025
do
you
want you
proceed
to
140028
call
lets see what
call
said
that
You
140032
said
What
Have
does
his
attorney
and
state
his
case
140035
that Because Nellie step
on
140035
agreed
with
me
am
sorry
140037
didnt
mean Have
to
you
told lawyer
apologize
140039
his Have
as by
you the
Mr
cal
Jahner
me
said
state
hes
his you
140043
10
got
lawyer
This
is
and
140046
case
12
13
of
July
26th
that
2006
the
month contract
at
after
140050
had
been
told
and
in
Mr
you
Jahner
had
hadnt
your own
140053
changed
after
already
looked that
140067
14 15 16 17 18 19 20 21 22 23 24 25
email hadnt
which
you
had
confirmed than
the
contract
we
140100
changed
rather
we
saying Mr
the say
Jahner
made
140106
terrible immediately
cal
mistake
cut him his
breached
contract
tell
140109
check case
you
his
lawyer
to to
140112
and
state What
What
case
was
he
supposed
140115
state
were
we
you
expecting
as
him to said
state
in
140117
Well
we agree that
hadnt
my
we
email didnt
not
to
140120
hadnt
we
really discussed pay the
it but
It
140124
would then
200000
said we we
was
140126
discussed
And then
deal my
And
Nellie
didnt discuss
discuss
it
so
140129
response
with
okay
didnt
it
140133
lets
it
2148555300
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140136
You contract
On on
hadnt
July
discussed
it you
had
entered
into
140138
2003
19th we
140142
March you
didnt discuss
it
it
in
140145
Well
contract you
discussed
you Nelson your
said
will
the
to
140148
told
him
and
Mr
with
testify that This
140151
this and
contract
its consistent doesnt change
the Fifth
email
the
140154
its unaffected
140157
contract
Amendment
140200
Right
10 11 12
13
140200
Okay
obligated the
The Mavs
Fifth Amendment to make that
contractual
ly
140203
payment
as to
140205
MR
will
ILLh
to my
Objection lawyers
Do on
form
140206
defer
that
me to
140208
14 15 16 17 18 19 20 21 22 23 24 25
BY MR
this to
DAVENPORT
you
want
read
140209
you
would
still
140210
defer
to
my
lawyers
will
140214
MR
everything
THE
ILLh
WITNESS
DAVENPORT
him
to
That
change
140215
140216
Thats Okay
call
why
So
pay state his
them
his
140218
BY MR
when you said
case
140223
tell
and
state
case
140226
Right
what did you want
140226
him
to
beg
for
his
140228
money
Basically
140228
2148555300
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140230
MR
ILL
DAVENPORT
had overpaid
Objection
as
to
form
you were
140231
BY MR
mad
thought you
it
Basically
him
It
140232
before
was just that him talk
all
140234
No
long
wasnt
finals
that
and
it
wasnt
this your shit
140237
after
the
havi ng
Ii
140240
about
us
beg
So
So
was
ke
okay
state
140243
case
140244
when
lost
you
or
say
the finals
the
fact
that
140248
youall
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
had
what
he had
140249
The which
fact
that
had to
badmouthed
him the removed
all
us
every
he
140252
way
and
have
because the
was
140255
badmouthing
no
just all
spec ifica Ily you wanted him
to
things
140258
one
th ing So
140301
beg
for
his
money
140303
Yep
Did
140304
that
just make
you
feel
good
140306
Yep Werent
the contract
by
140307
you not
concerned paying to
my had
that
you
had
breached
140309
him
lawyers
on all
140310
deferred
that
stuff
140313
mean
this
an
was
on
like
mentioned with
to
you
earlier
He
140315
this was
it
going
It
dialogue
Floyd
that we
brought
140319
up
to
me
wasnt
it
something something that
had and had
It
140321
specifically specifically
wasnt
in
Nellie 19th
140324
discussed
March
meeting
2148555300
UARS
8004457718
MARK
CUBAN
161
140326
was
very then pay
brief Floyd him his
meeting
showed blood
am to me
and
it
was
one
where
and
you
140331
know damn
the
emails
said
140333
money
going to
140335
But
am
first get
say
26 at
when
you
said
had
140338
going and
to
that
his
July money
402
Nellie
140342
cal led
asked
where
was
Uhhuh
140344
And
my 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
he
said
you What
is
am
going his want We
to
turn
this over
call
to
140346
lawyer
his
And
say
have
attorney him
to
and
140348
state
case
here
did you
say
that
140352
Mr
15th
Cuban
my
case
you to
have me not
written payment paying you
on
140355
contract
that You
requires the
make
by
the
140359
breached to sue you
contract
it and havent
140401
Im
paid
going
for that have
money
since
140405
me
Would
that
convinced
you
as to
140407
MR
Say that
ILLh
again DAVENPORT
you
at
Objection
form
140412
140413
BY MR
his
Well
when beg you
you
say
state
money
his
140414
case
you
if
know are
he
wanted
him to but when says we
for the state
140416
because
if
mad calls
him
case
140419
he
lawyer
our
on
Is
okay
have You you
Mr
Cuban
you
140422
here
you
say
state
case
the that
contract
breached wanted the
140427
didnt make
contract
so
payment pay
15th
what
140432
me
him to
140437
say
2148555300
8004457718
MARK
CUBAN
162
37h
140438
MR
STODGHILL
Objection
as
to
form
an
dont know
expectation him to what and
as
really him see
it
didnt say
the
have
140440
wanted you can which
simply
wanted
140443
beg
by
emai
from where
140446
correspondence are we
for
is what
140452
at
BY MR
From
140453
DAVENPORT
Its
to
140454
July
by
26
that we
402
eveni
July
26
by
759
1000
were him to days
had
him
140501
responding
10 11 12
13
so
932
had
oclock
going
beg
140505
that pay
very
same
So
it
night
said
we
to his
140508
him
it
wasnt
what
It
like like
when waited
told three night
140511
case
to call
wasnt
and
for
him
140514
beg
him his
was
by
that
said
140519
14 15 16 17 18 19 20 21 22 23 24 25
Damn
pay We
It
money
140520
will
see
140521
was
more you
know
hypothetical have
liked on on
that
to
140523
yeah
would have of
would have
ked
have him to
would have
Ga lot
him
beg
would front have
140526
liked to
been oway of
his
knees
knees would
140529
seen
Randy were
140532
Nellie
but
If
There
things
140533
liked
140533
he
was
on
his
knees
he
would
still
be
140536
taller
than
you
he
are
140537
No
than
wouldnt
He
is
not
that
much
bigger
140541
me
UARS
2148555300
8004457718
MARK
CUBAN
173
141717
would But you
have
to
ask
the
accountants
the Mavs comp
on
141719
wouldnt
paying the
have
been
141720
wouldnt
1st and would
have 15th
been unless
him the
deferred
he
the
141722
Mavs
thought
had
earned
it
141725
you
Again Okay yeah
So
141727
presume get
into so
not
some negotiations
ly
141730
you
over going
141737
the give
10 11 12
13
sixth him
in
amended try to
contract
give with him those
basical
you
are
141744
oneshot
payment
you you
right
are going
141747
and back
connection
negotiations
iar
141751
and
forth
you
were
in
you
fami
were
doing
141755
them
Were
those
negotiations
141756
No
sir
for Fifth
141758
14 15 16 17 18 19 20 21 22 23 24 25
141800
Oh
for for what was were doing going to
to be
141800
the
Sixth
lump
141805
Amendment
the
where
you
pay
him
sum on
141808
consulting
contract
141809
No
Do
sir
you remember the basis why
no
141809
agreement
was
141811
ever
reached
141815
dont
timeline
remember
exactly
why
not
in
terms
of
141820
no
Well
the
Is
141821
parties that
it
never was the
its
fair
reading
141830
from
these
Mavericks
not
2148555300
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MARK
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174
141835
Mr
to
Nelson who
buy him out
initiated rather
let me
the
thought
that
by
they
wanted
141839
than
just abide
the
in
contract
that we
141842
Well
had had
just put
having these
qualifier types of
141844
history
He
of
negotiations
he
141847
with ask
Nellie
for
there of
are
multiple and
times
he So had
would for
141850
acceleration of other
to be
payments
with kind
asked
141854
prepayments unusual
things
in
us
of
this
wasnt
with
141858
for us
this
conversation
141900
him
10 11 12
13
141900
Okay
141900
MR
move to
DAVENPORT
Object nonresponsive
141902
strike
141902
BY MR
on
DAVENPORT
this
is
am going pretty of
to
stay
right
141904
14
this
one
because
In
important
if
141907
15 16 17 18 19 20 21 22 23 24 25
it
this was you paid not
track
emails
that
am
reading
to
141909
correctly
it
Mr
Jahner to per
suggested
141915
Mr
than
He
Nelson would
the
like
negotiate month
at
something that we owe
ess
141920
200000
it
out
you
141926
brought
up
Nelson yes
141929
Correct
According According to his these
141929
emai Is yes
Ill
listen to
do
141931
emails
said
141932
Correct
got to say
if
Nelson
what sum
you
141934
or
well
want
negotiate
to
could
lump
141938
payment
you
do
you
know
and
they
were
2148555300
UARS
8004457718
MARK
CUBAN
175
141941
negotiating
right right
know they never got
to
141942
Thats
But we
141942
reach
agreement
141945
Correct
All
141945
right
Now
August
in
going Give
to
141950
come
well
lets stay
August you
order
me the
141952
OConnor
letter
Do
4th
John
141956
know
OConnor
141957
No
10 11 12
13
sir
you that ever met
141958
Have Not
him
141959
know
of
Let
me go
142047
MR
minute
THE
DAVENPORT
off
the
record
142049
142049
14
VIDEOGRAPHER
Off
the
record
at
142051
15 16 17 18 19 20 21 22
23
20 Recess
THE The time
is
142052
l6h
minutes
Back
on
143611
VIDEOGRAPHER
the
record
143614
236
DAVENPORT
After you him did him had
to
143618
BY MR Mr
you Jahner called
had
written
143623
the
email
instructing
pay
the
as
143630
it blood
instead to
in
money when
of paying
you
like
learn
that
143634
Jahner
had
you him
told for
him
lump
143638
decided was
it
go
start
negotiating
with
143641
24 25
sum
this
email
143643
In
the
email yeah
UARS
2148555300
8004457718
MARK
CUBAN
176
143643
And communication say what
then with
did you
did you
you
call
have him
any after that and
143645
him
did
or
143647
are you
doing
whats
going
on
143649
No
You just figured someth
ng
if
143649
he
could
negotiate
143651
out
that do You
was
all
all
the
better
via
to
143653
No
we
communicating ever talk
email
143656
Okay
him what
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So
dont
him just ask
143659
going
on
think
143700
dont
Never
Ive
ever
called
him
143702
have
cal led
Jahner
143703
Nope Really
Does the that
he
143704
office
near
you
143705
Hes
And
at
is
Mavs where
office
you
143707
are
143709
Rarely
You mostly out work of
my
143709
out
of
home
and several
to
143712
work once
home
offices lets see
of the
143717
Jahner you
starts
talking
in
143742
Did negot at ons
get
involved
any
143744
concerning
this
possible
buyout
143747
No
Al
143748
right
you from
Look John
As
at
the
letter of August Don
August
4th
143752
addressed Exhibit
to
OConnor
you
2006
the
143758
14
Dear
Mark
know
claims
2148555300
8004457718
MARK
CUBAN
190
145438
Well
in
you
know
that
saw
the
that
allegation
145443
this was
counterclaim
youalt
in
filed and
reading the was the
thats why email
that first who
145447
particularly shows
interested clearly sum
145450
traffic which
brought
had up
that
person not
145454
this
lump
payment
to
Mr
Nelson
it
145459
just wanted
his
contract
be
honored
was
145502
Mr Jahner
No
dont
you
remember
145504
question
when
he
145504
did
that
definitely to
deal he
145506
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Yeah
but
it
he
Floyd tried
in
brought with
it
it
up
145508
was
how
Nellie me
that
he
145510
particularly was willing
upset
to
that
wanted get my
it
just to
all at
145514
take than
less
just to
And
so
once of
145516
sooner
it
rather
later
interpretation
145519
was just the But
analogy the 15th
gave
first Nelson breached learned the only the about thing the
he
145522
when July the
Mavericks and
145524
contract breach said you
on
Mr
145528
when
payment
wasnt
made
my
145532
was
why
arent you honoring
the
contract
Dont
145535
remember
emai
145537
MR
ILL
ILLh
can read
Objection
as
to
form
Jahner
145537
BY MR
said
he sa
DAVENPORT
Thats
what
Mr
145539
145539
MR
Wel we
Objection
as
to
form
rather
145540
what
Mr
Jahner
said
2148555300
UARS
8004457718
MARK
CUBAN
252
163203
change
your asked Judge ask answers you the have same
As
far as truthful
at
you and the the
as
you
recall
and if
163206
been
correct
time same we
163210
questions
wi
try this to
if
163213
Ashworth you
same
If
give
is
me
answers
163217
the
questions
understand you
that
fair
yes Okay
Have been
163219
them
163221
If
understand
them
163223
courteous
to
you
163224
Yes
10 11 12
13
163225
Okay tness
Fair
enough
Thank
you
Ill
pass
the
163228
163228
MR
our questions the transcript as but
to
STODGHILL
did want see
if there
We
an
is
are
going
to
reserve
to look to at
163229
opportunity any part we
163233
14 15 16 17 18 19 20 21 22 23 24 25
want
163235
designate
confidential
163237
MR
anything with
it
DAVENPORT
until
Well
do
we
wont
do
163239
you
that
163240
MR
lets
think
ILLh
we are done
Id
appreciate you have
that
And
163241
unIes
anything
163243
se MR
THE
at
163243
DAVENPORT VIDEOGRAPHER
We
are We
done
are off
am
done
record
163244
the
163246
432
2148555300
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8004457718
MARK
CUBAN
253
CHANGES
AND DATE CHANGE
SIGNATURE
OF
WITNESS
PAGE
MARK
CUBAN LINE
DEPO
1182008
REASON
10
12 13 14 15 16 17 18 19 20 21 22 23 24 25
2148555300
8004457718
MARK
CUBAN
254
MARK deposition true and and hereby
CUBAN
affix
as
have
read
the
foregoing same
is
my signature noted
that
correct
except
above
MARK THE STATE
OF OF
CUBAN
COUNTY
Before
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
me
MARK
or
on
this
day
personal to
ly
appeared oath
CUBAN
known
to
me
or
proved
me under of
through
or
description
the person
identity name
is
card
other
to
document
the they
to
be
whose
and
subscribed to and
foregoing executed therein
instrument the same
acknowledged purposes
me that
for the
consideration
expressed
Given this day of under my hand
and seal
of
office
2008
NOTARY THE
PUBLIC
OF
IN
AND
FOR
STATE
2148555300
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8004457718
MARK
CUBAN
255
COUNTY STATE
OF OF
DALLAS TEXAS Jerry
Callaway
and for the
as
RDR
State
certified of
shorthand hereby caption
reporter that are
in
Texas
in
do
certify hereto
the
facts that
stated came
by
by me before me
the me the sworn
true
there who was the that
aforementioned
to
named truth this
person
duly
in
testify
the
in
concerning
matters the
controversy
10 11 12
13
cause
by
and
examination under record
was my of
reduced
to
writing that
computer
transcription
is
supervision
the testimony
the
by
deposition the
true
given
witness
that to am or neither employed this am or not
further attorney any of
or
certify nor
14
counsel parties
is
for
to
related
in
by
15
16
the
the and of
action further
which
deposition relative employed
or by
taken
that
17 18 19 20 21 22 23 24 25
employee the
in
any
attorney
or
counsel
parties
hereto
financially
interested
the
action
under of my hand
and seal
Given
of
office
on
this the
23rd
day
January
AD
2008
RDR CSR 948 Jerry Callaway Date 12312008 Expiration Firm Registration No 209 Tower 5220 Renaissance 1201 Elm Street Dallas Texas 75270
214 2148555300
8555300 UARS
8004457718
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