Trone et al v. Peanut Corporation of America

Filing 24

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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 UARS 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 UARS 8004457718 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 UARS 8004457718 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 UARS 8004457718 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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