Trone et al v. Peanut Corporation of America

Filing 24

Trone et al v. Peanut Corporation of America

Doc. 24 Att. 20

Dockets.Justia.com

313

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Q.

And what did you do when you received

Exhibit

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61? A. Ca I Ied up Floyd, I thought sa id to Floyd, "Hey, Floyd, this

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16:32:13

what gives?

you and Don had settled

16:32:18

thing ror $500,000,

and Don was going

to walk away. or

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And I see this thing sti I I binds him to rive years being a consultant."
Q.

16:32:27

16:32:30

And when was this conversation

you had with

16:32:32

Mr. Jahner? A. Right around August 1, i f Don -- got it the

16:32:36

16:32:43

day arter Don got it, I got it the 1 st, might was either
Q.

think.

Ir he got it the 31st, It

16:32:48

have been the 2nd I got it. or 2006. and say, here?

~(t~

16:32:51

the 1st or 2nd or August

16:32:55

Okay.

So you cal I up Mr. Jahner

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thought
A.

this was a termination. Yeah, thought

What gives

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this was a settlement

or -- I and

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said, why would

Don ever agree to hair the amount

16:33:06

sti I I be bound ror rive years?
Q.

16:33:10

What did Mr. Jahner

say?

16:33:12

A.

Floyd kind or laughed and said, wel I, we might with him here and there, doesn't have

16:33:14

want to consult to do much work. barely

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You know, we are going to hardly And laughed, and sQid, you -- obviously probably

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cal I him ever.

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know, at this point what's

kind or know what's

16:33:26

going on and said, you know,

think

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the last guy rn the world that Mark Cuban would want to consult doing this? with is Don Nelson.

ever

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Why you are you or it? You Why

16:33:37

You know, what's

the purpose

16:33:39

know you are not going to use him as a consultant. are you doing this? And we went back and rorth, rriendly conversation. kind or

16:33:41

16:33:42

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And then rinal Iy Floyd brought job? started we can And

16:33:47

up the idea, wel I, is Don going to get another said yeah, talking orrset maybe, maybe. And then he basically

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about how, wel I, ir he does get a job, his earnings against dererred

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compensation. moved orrices.

f:;;i:~\~1

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told him he was nuts, and I had just had just sturr lert my rirm, And had my orrice,

16:34:11

and had al I my

16:34:15

in boxes.

I said, you know -- he said, oh,
- ..·..·.

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no, that's think

what the contract

says.

said

I don't

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it says that. So, you know, rax it tome, don't want

16:34:21

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to go through

al I my boxes, just

rax me the copy and I'm real rami liar it and so f'o t h . r

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I'll show you how it doesn't with the contract.
Q.

because

16:34:30

I ' I I go through

16:34:32

Okay. That's how we lert it. But I also asked him, You

16:34:33

A.

16:34:37

said, basically, either

Floyd, you got two choices. settle

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can -- we can either

this ror a lump sum

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and we' I I walk way, or pay Don the money as it becomes

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due every two weeks and pay him.

I said

is there some

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amount you are wi I I ing to pay as a lump sum to do it? I ' I I bet you Don - - if I asked him, would take $400,000. Let's start talking. do that, something
Q.

16:34:56

I' I I bet you Don

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I don't know, give me a number. And he said he had he couldn't

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to that effect. conversations

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Okay.

Did you have any further after that? I think we sparred

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with Mr. Jahner
A.

16:35:13

Yeah.

a I ittle bit after meant and stuff

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got the contract trying to explain

about what the contract to him earned

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and accrued,

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we've been talking

about here, that once something against

$~~~~~
16:35:23

vested you had to pay it, and you can't offset that. Look at the language,

16:35:27

you can only offset

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aga inst unea rned, means salary.

I sa id, wh ich means that - - a I I that against his consultant's

16:35:34

is you can offset

16:35:39

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So -- you know, so if you were to fire Don" today, you would have to pay unearned consultant's

16:35:43

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salary for the next four and a half years or whatever it is. But subject to an offset, because you are going to get

16:35:50

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that back obviously, take 50 percent consultant's burn.

any job Don's going to

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of it is going to wipe out the in a minute. So said that's your Your burn is the

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salary

16:36:00

You got to think about that.

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323 continue working this evening and maybe go unti I,

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don't know, 7:00 or 8:00 whatever works.

if we need to whatever, what's ahead. how long

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You guys know what

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You know who your witnesses they are going to take. that, but I just

are and probably

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You need to guide me about we ought is another

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think that for this evening this witness. If there

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to at least finish short witness, another one,

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let's do that.

If you want to do

16:45:31

am good with that, too. MR. MELSHEIMER: Your Honor, we can talk go past

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about

it.

My sense would be that we should

16:45:38

';~i.~~

5:00 obviously. THE ARBITRATOR: Why don't you guys talk

16:45:39

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and kind of tel I me what you think we need. MR. MELSHEIMER: start
.--...·.

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And maybe we could also start at 8:30. but

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instead of at 9:00, we could maybe THE ARBITRATOR:

16:45:49

I'm good with that,

16:45:50

frank IY I'd rather go - - I mean, those things. MR. MELSHEIMER: time tomorrow, too. THE ARBITRATOR: a Ithough - - I mean,

I'm good with both of

16:45:53

16:45:53

Just have a I ittle extra

16:45:55

16:45:56

Yeah,

I would

16:45:57

I've probab Iy got a longer trave I I just - - I get caught in

16:46:00

time than anybody traffic,

else here. fine.

16:46:03

mean, 8:30's

I do it periodically,

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equ itab led isgorgement

was at a conference

ca I I .

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2

don't think we've even used that term since we started the arbitration. And so I am just -mean, simply going to if that's a

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4

ment ion that that's

I don't

know

17:41:56

5

remedy that one would you prevai I on breach, stand-alone some breach

be entitled or if that

to in the event that is an independent, from some --

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6

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7

cause of action

that results

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8

other than by contract. MR. MELSHEIMER: You know, we bel ieve have -- we bel ieve it and wi I I how it's presented

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9

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10

it's in the case, and we certainly we have adduced certainly argue evidence to support

17:42:18

11

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it, and whether there

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13

in the briefing, glosses

are sort of two different And, you know, we

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14

that you have put on it. consider

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wi I I certainly presenting

that when we are -- when we are Your Honor. Those were al I just

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16

the briefing,

17:42:38

17

THE ARBITRATOR: questions. MR. MELSHEIMER: THE ARBITRATOR: made your pre-arbitration the way that you probably arbitration.

17:42:40

18

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19

Sure, understood. But in terms of when you it in it at the view

17:42:41

20

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briefs, expected

you presented to present I would

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22

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Post arbitration

is what

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as -- I mean, you might

have referred

-- you refer to like

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th is as the wor Id's longest summa ry judgment.

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to think

that

post-arbitration

briefs

are a

17:43:04

subst itut ion for c Ios ing remarks. you to, you know, on, but also response focus

And so I'd like for you need to focus

17:43:07

on the things please,

17:43:11

if you would, as wel I .

give me some

17:43:14

to those

17:43:17

MR. DAVENPORT: MR. MELSHEIMER: THE ARBITRATOR: Thank y'al I very much.

We wi I I do it, Judge. We wi I I. It's been an honor. been pretty civi I ized.

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You have

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;?~~~;~~
.---~:. .

C E R T I F I CAT

E.

I, Jerry

L. Callaway,

Certified

Shorthand

Reporter that a ful I, taken

in and for the State of Texas, the above and foregoing true and correct

do hereby

certify

pages 421 - 800 contain of the proceedings

transcription

by me in the above-styled

cause. on

GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of June, A.D., 2008.

12 13 14 15 16 17 18 19 20 21 22 23 24 25

Jerry L. Callaway, RDR, CSR 948 Expiration Date: 12/31/2008 Firm Registration No. 209 5220 Renaissance Tower 1201 Elm Street Da I Ias, Texas 75270 (21 4 fC 8 5 5 - 5 300

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