Trone et al v. Peanut Corporation of America
Filing
24
Trone et al v. Peanut Corporation of America
Doc. 24 Att. 2
EXHIBIT
TO DECLARATION OF OCONNOR
Dockets.Justia.com
FLOYD
JAHNER
ARBITRATION DON
NO
1310016794
NELSON Claimant
Counterrespondent
vs
DALLAS DALLAS BASKETBALL LIMITED
dba
CIVIL ARBITRATION PENDING BEFORE JAMS
MAVERICKS
Res lapondent nt ima
10 11 12
13
ORAL
DEPOSITION JAHNER 2008
OF
FLOYD May
14 15 16 17 18 19 20 21 22 23 24 25
la
ANSWERS taken AND FLOYD
29th
VIDEOTAPED
instance
on
DEPOSITION of the day of and at
of
JAHNER
at
the
the of
29th
May
AD pm
2008
in
between above
the
hours and
1110
am
cause
308
the 50th Jerry
the of
styled
numbered 1717 Main
offices
Fish
Richardson
Street
before
Floor
Cal
in
Dallas Dallas RDR
of
County Texas
Shorthand
to on
laway
Certified
Reporter the the
in
and
for the Rules
State the
Texas
pursuant stated
Arbitration
and
provisions
record
2148555300
UARS
8004457718
FLOYD
JAHNER
APPEARANCES
APPEARING
FOR Don
THE
CLAIMANTCOUNTERRESPONDENT
Mr Mr
Ryan FIGARI 901 Main
Dal
Colleluori McComber
DAVENPORT
LLP
3400
Street
Texas
las
Suite 75202
APPEARING
FOR
THE
IMANT
Harper
Mr
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Geoffrey
FISH 1717
RICHARDSON
PC
5000
Main Street Suite Dal las Texas 75201
ALSO
APPEARING
Mr
Matt
Harmel
Videographer
855
UARS
445
FLOYD
JAHNER
110948
PROCEED INCS
THE
110948
VIDEOCRAPHER
on
Todays
at the
date
is
May Please
111008
29th
be
2008
We that
will
are
the we and swear
record are on
1110
video
am
Will
111012
advised
anytime
be on
record the
the
111016
microphones court
recording the
audio
111020
reporter
please
witness
FLOYD having been first duly
JAHNER
testified ON
as
sworn
EXAM NAT
follows
111031
10 11 12
13
BY
MR
COLLELUORI Would Floyd you give
us
111031
your
full
name
please
1033
Jahner
my
in
111035
Mr
represent Don
Jahner
Nelson Dallas you
names Don
lawsuit
Colleluori
pending between
111042
14 15 16 17 18 19 20 21 22 23 24 25
111045
Mr
Nelson
and
do
Basketball
Limited
dba
Dallas
111049
Mavericks
understand
that
111050
Yes
And deposition
in
111050
you
understand
you
are
giving
your
111054
that
arbitration
matter
today
111056
Yes
And under you understand your deposition here
is
111057
111059
oath
Yes
Same penalties
if
111059
111100
for
in
perjury court
apply of
in
this
111103
deposition
as
you
were
law
2148555300
UARS
8004457718
FLOYD
JAHNER
111105
Correct
And deposit
do
111107
you
understand
general
ly
the
purpose
of
111110
on
Yes
Have you given depositions
111111
111111
before
111115
Once
Do
111115
you
understand about
as
am
going
to
ask
you you and are
111117
series
of
questions to give
me as
this
dispute and
and accurate
111119
supposed
10 11 12
13
complete
111121
truthful
answers
you
can
111122
Yes
If
111122
during
the
course clear
of to
my questioning
ask please
111125
you stop
something
me and
thats
ask me to
not
you
would
you
111127
14 15 16 17 18 19 20 21 22 23 24 25
repeat
or
clarify
it
111130
Yes
Did deposition
in
111130
you
have
chance with
to
prepare
for your
111138
visiting visit than other this
counsel yesterday yes counsel
who have did you
111140
did Other visit of the with any
in
with your of
counsel visit
111143
with
111145
the
to
people try to
knowledge your
1149
facts
case
refresh
111155
recol
lection
111155
No
there too
You
guess
yesterday
at
prep
Lisa
Tyner
was
111201
111202
were
there
together
2148555300
UARS
8004457718
FLOYD
JAHNER
111203
Yes
Did
111203
you
review
any
documents
to
prepare
for
111206
your
deposition did
glanced
111207
at
you some
know
of
some
of
the and
111211
emai
Is
just to try to
like
refresh
the
dates
111215
things
that
there going any particular your
111215
Were focused
on
in
emails you were preparation
111217
through
111219
No
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 will
111219
Any that you
that
you
in
can the
recall last
as
you
sit
to
here
now
111225
reviewed think
few
days
prepare
in
111228
just some just that
guess was
it
nothing
111233
mostly frame of
August
time
111239
2006 Okay Youre
business employed
as by
111242
Dallas
Basketball
111250
Limited
doing
Dallas
Mavericks
correct
111252
Yes
And
if we
111252
refer
am
it
them
as
the
Mavericks
you
111255
understand
who
talking
about
111257
Yes
How
long
111257
have
you
been
employed
by
the
111259
Mavericks 2001
And what position
do
111301
111306
you
have
with
the
111310
Mavericks
2148555300
UARS
8004457718
FLOYD
JAHNER
111310
CFO
Have you held that position since
111314
2001
111316
Yes
Approximately when
in
111316
2001
111324
April
As
111329
CFO
and
can
you
describe
generally
for us
what
111333
your
duties
responsibilities
are
financial
111335
Just statements
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or Do
responsibility accounting have other the of
for the the
111337
and you
Mavericks
do
111346
excuse
me
you
have with
111347
position
with
any
companies
affiliated
111352
Mr
Cuban
other
than
Mavericks
of the
Dal las
111355
Yes
Foundation
Any
treasurer
Mavericks
111359
111402
other
companies
111404
No
Is
111408
the
Mavericks
foundation
charitable
111412
foundation Correct
How big staff
do
111412
111418
you
have
as
CFO
111428
Seven
Do
111432
they
all
report
directly
to
you
or
is
111435
there
hierarchy
Primarily all
to
111439
me
of
there report
is you
up
know
one
like
111442
two
positions
that
kind
through
2148555300
UARS
8004457718
FLOYD
JAHNER
111445
AP
small
There
is
clerk
and
supervisor
so
its
111452
staff
111452
Ms
Yes
And
Tyner
reports
directly
to
you
111456
111456
she
is
in
charge
of
payroll
111459
Yes
Do
111504
you
use
outside
accounting and
firms for the
as
111507
Mavericks
financial
statements
accounting
well
111510
Yes
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 internal to
111510
What Ernst How
outside
accounting
firm do
you
use
111513
Young
have have
to
111516
long
you been
been
using
Ernst
Young sure you
111523
Since
there and
Im
not
111526
know
previous
that
111527
Okay
but What the since your
in
111527
ye
work
been
there
before you came
111534
was
background
111536
Mavericks worked our
2001
Ernst and Young
on
111539
for Ernst
internal
the side
111554
finance and
accounting
111555
over
there just policy
Internal
procedures
111556
finance
and
what
111558
Accounting
am
111559
not
familiar with
that
What
does
that
111601
mean
in
an
accounting
firm
2148555300
UARS
8004457718
FLOYD
JAHNER
75
133839
couple Okay
And you was your purpose
legal
in
133840
talking
on
to
133842
Mr
Hart
because
wanted
counsel
what
was
133847
going
on
Correct
Anyone else other than
Don
133848
133850
Mr
Hart
think
133904
Well
believe that
eventually back
am
Nelson
you know
133908
comes
and
133910
Okay
10 11 12
13
talking
about
before
we
get
to
133913
there
Before we get
to
133914
there
no just
Mark
and
133916
Robert
So at
133917
the tells
end
of
the
email trail
ahead and pay
in
Exhibit
133923
14 15 16 17 18 19 20 21 22 23 24 25
11
Mr
Cuban
you
go
him the
133927
Q1S
Correct Okay
what
to do
133928
133928
Did
you
get
any you
further then
direction talked
about
to
133932
after
that
before
next
133937
Mr
Nelson
Not that What
133947
recall
did you
no
do
133949
Okay
next
133951
called And
tell as
Mr
me
Nelson
what you was was can said
recal
in
133954
that
133958
conversation
best there
it
in
134001
Because
such
discrepancy
the
2148555300
UARS
8004457718
FLOYD
JAHNER
76
134004
view
of
their
is
conversation
know to
just decided
is
to
ask you know
134010
Nellie
what room to obviously
there you
there
if
room there happy what was
134014
mean
take any
just wanted less
was
or
ask
any but you
134018
make
large large
both
sides
in
yet was
134023
there
variance
134025
know
in
discussed
was
interpretation
difference
134027
what
discussed
And Nellie said
134030
No
to pay
And pay
said
the
134037
ne
10 11
12
said
Mark
we
has
agreed
money you
134041
know
so
you
know
And
would Nellie but the
if
it
wouldnt
get
be lump
134046
then
offered
could
134055
necessar you
in
ly
take
less
sum
134058
13
know
cash
versus
payout
might
interested
134101
14 15 16 17 18 19 20 21 22 23 24 25
that
said And And
he
134105
Make
said
make
an
offer
134109
500000
dont know
ask him
if
134113
said
and would
but
would willing
to
134116
take
do
it
to
Mark
And
cal
hes
134119
that
the
then
pretty
much
ended
excuse
me
134125
ended
134126
Okay
that your
And
then
if
you
look
at
Exhibit
13
is
134139
email exchange
With
with
Mr
Cuban
134145
Mark
yes
about that telephone
call
134147
Mr
proposal
to do
Cuban
and
the
134149
2148555300
8004457718
FLOYD
JAHNER
77
134150
Correct
134151
500000
Correct
Just
it
lump
sum
134153
134158
reading
your
email there
specific Nelson
he
on
Exhibit
13
134203
seems
to
suggest something since you
that
the
500000
had will
figure
at
134208
hadnt
that that
been
that said
Mr
offered agree
to
134215
point
think
134217
134218
Right
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and
134219
then what
it
would
am
go
away is
would
he
it if
134222
guess with
saying
he
we
came
back
134225
it maybe
based cash
said
on
think
agree
would agree
to
134227
Thats
take that
his
offer
you
think
if
134230
payment
know
was
you
know
134236
done Okay
seemed
lump like
It
134236
may
not
it
be
huge
issue
like
It
just
of you
134241
reading
up
this
in
seemed
the
concept and
134244
sum came
idea
the
it
first might
conversation
134247
got
some
of
what
take
but
that
by
134250
specific
number
Is
hadnt
that
been
thrown
out
there
134253
Mr
Nelson
134255
asked going how
to
Mr
Nelson first
what
number
so
wasnt
want
134258
throw cash
out
do
the
offer
He
you
cash
134301
much
you And
want
then
threw
out
the you
500000
back
an
134305
Okay
Mr
Cuban
sends
2148555300
UARS
8004457718
FLOYD
JAHNER
78
134309
and
says
agreed
go
ahead
and
do
it
with
do like
134311
Correct Is again
this your about only communication
or or
13
43
11
134318
Mr
lump
Cuban sum
at
this point how to
whether
not
to
134323
payment
structure
it
anything
134327
that
Correct Okay
just want
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
134329
134331
You
sort
of
referred
it
to
idea
moment to and approach opening
134337
to
be
clear was
taking
your
134341
Mr
Nelson
about
something
less
134346
Yes
up
134346
this
it
negotiation
134347
Yes Okay
was
After
134348
Mr
talk than to
well
about your
strike
that
on to
134402
Did 27th with Cuban anyone with
you other copy
this
concept
the
134404
via
or
emai
guess
134410
Mr
Mr
Hart
Mr
Cuban
134416
copied
Mr
Hart
would
134418
guess
again
you
that
there
is
probably you
it
134422
discussions
with
is
Mr
any
Hart
other
know
in
regarding
amending
134429
know such
if
there
issues
as
134432
134434
Okay
happens point after this
am
going
to
get
in
minute
up go to
to
what
134436
Mr
Cuban
Cuban
to
agreed but
did you
this
134439
getting
Mr
agree
to
2148555300
UARS
8004457718
FLOYD
JAHNER
125
150650
By
the
team
once
termination
you
elect
the
150655
different different And
payout payout
the
150657
yes
Mavericks did
in
150659
thats what
that
150701
case
Correct
When they they waived
left
150701
150702
him
the
that
terminates payout
the
150704
contract
and
different
schedule
150707
Correct
10 11 12
13
150709
Any involved routine
in
other anything
instances other
where
you
have doing
been the
150712
than
simply
150715
accounting
for the There but
deferred
like
compensation
there based
is
150719
Nothing
other
is
couple what
is
150722
14 15 16 17 18 19 20 21 22 23 24 25
players also
Some have
its routine
gone are the and
still
on
was
150726
there
long
been
long
just there
being your of paid
150729
payout But
schedule
nothing
in
They along
today
150733
lines of
150737
involvement
negotiating and
possible that sort
buyout of
150740
Mr
Nelsons consulting
Nothing
You
thing
150744
no
ly
150744
typical
are just not
involved
in
that
150748
is
that
right Correct
150748
150749
MR
Thank
COLLELIJORI
Thats
all
Ive
got
150750
you
2148555300
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8004457718
FLOYD
JAHNER
126
150751
MR
THE are now off the
HARPER
Nothing
from
us
is
150754
VIDEOGRAPHER
The
time
We
150756
record
10 11 12
13
14 15 16 17 18 19 20 21 22 23 24 25
2148555300
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FLOYD
JAHNER
127
CHANGES
AND DATE CHANGE
SIGNATURE
OF
WITNESS
PAGE
FLOYD
JAHNER
DEPO
5292008
REASON
LINE
10
12
13
14 15 16 17 18 19 20 21 22 23 24 25
2148555300
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FLOYD
JAHNER
128
FLOYD deposition true
and and
JAHNER
affix
as
have
read
the that
foregoing same
is
hereby
my signature noted
correct
except
above
FLOYD THE STATE
OF OF
JAHNER
COUNTY
Before
10 11 12
13
me
FLOYD
or
on
this
day
personal
to me
ly
appeared oath
JAHNER
known
to
me
or
proved
under of
through
or
description
the person
identity name
is
card
other to
document
the they
to
be
whose
and
subscribed to
and me
foregoing executed therein
14 15 16 17 18 19 20 21 22 23 24 25
instrument the same
acknowledged purposes
that
for the
consideration
expressed
Given
th
under
my
hand
and
seal
of
office
day
of
2008
NOTARY THE
PUBLIC
OF
IN
AND
FOR
STATE
2148555300
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FLOYD
JAHNER
129
COUNTY STATE
OF OF
DALLAS TEXAS Jerry
Callaway
and for the
as
RDR
certified of
by
shorthand hereby caption
reporter that are
in
State stated came
Texas
me
in
do
certify hereto
the
facts that
the
me
true
there was the that
before duly
in
the
aforementioned
to
named truth this
person who
concerning
by me matters the
sworn
testify
the
in
controversy
10 11
12
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
13
further attorney any of
or
certify nor
neither employed this
14 15 16 17 18 19 20 21 22 23 24 25
counsel parties
is
for
to the and of
related
in
by
the
action further
which
deposition relative employed
or by
taken
that
am not or counsel
employee the
in
any
attorney
or
parties
hereto
financially
interested
the
action
under my hand
and seal
Given
of
office
on
this the 6th day of June
AD
2008
Jerry Callaway RDR CSR 948 Date 12312008 Expiration Firm Registration No 209 Renaissance Tower 5220 1201 Elm Street Dallas Texas 75270
214 2148555300
8555300
8004457718
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