Trone et al v. Peanut Corporation of America

Filing 24

Trone et al v. Peanut Corporation of America

Doc. 24 Att. 21

EXHIBIT 20 TO DECLARATION OF O'CONNOR
Dockets.Justia.com

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ARBITRATION DON NELSON,

NO. 1310016794
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Claimant/ CounterRespondent vs. DALLAS DALLAS BASKETBALL MAVERICKS, LIMITED d/b/a

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CIVIL ARBITRATION PENDING BEFORE JAMS

Respondent/ CounterClaimant.

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VOLUME

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On the 23rd day of June, proceedings and numbered held

2008, the fol lowing in the above-entitled Glen Ashworth, pending before

came on to be heard cause before

the Honorable Texas,

in Dal las, Dallas

County,

the JAMS.

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A P PEA

RAN

CES

APPEARING

FOR THE CLAIMANT/COUNTERRESPONDENT:

Mr. Mark T. Davenport Mr. Don Col leluori Mr. Ryan K. McComber FIGARI & DAVENPORT, L.L.P. 901 Main Street, Suite 3400 Dal las, Texas 75202

APPEARING

FOR THE RESPONDENT/COUNTERCLAIMANT:

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Mr. Thomas Melsheimer Mr. Georrrey S. Harper Mr. Steven H. Stodghi I I Ms. Natal ie Arbaugh FISH & RICHARDSON, P.C. 1717 Main Street, Suite 5000 Dal las, Texas 75201

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09:04:30

P-R-O-C-E-E-O-I-N-G-S THE ARBITRATOR: the rule through the opening? I'm okay with apply during apply during -- my the opening of
00 you

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intend to invoke

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MR. MELSHEIMER: practice statement, evidence. THE ARBITRATOR: MR. O'CONNOR: heard. I'm John O'Connor. be a witness. THE ARBITRATOR: the rule. And what that's would be, it wouldn't

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but it would just

the taking

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Sure. Your Honor, if I could be

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I am a lawyer on the case.

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1'1 I probably

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That's

an exception

to of

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going to mean for those that aren't but

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you that are going to be witnesses attorneys in the case,

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if you are not a party, outside

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rather a witness, and presence testimony

you must remain

the hearing

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of the arb itrat ion room unt i I your be instructed among yourselves

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is cal led for, and you would not discuss this matter

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that you would or with others,

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with the exception as a witness. that's

of your attorneys.

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unti I you are released

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So apparently during the opening, which

not going to apply both of you

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am assuming

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wi I I make

in an amount

of time

less than 30 minutes

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each. and then we are going to take a break after the

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openings.

And if you are a witness,

if you'd

leave and

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wait out in the lobby, we' I I cal I for you when your testimony is needed. On another housekeep ing matter, that I th ink

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it was the Ne Ison list of witnesses am I to understand the bifurcation there

I saw that -with regard to

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is an agreement fees? Yes.

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of attorney's MR. COLLELUORI:

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I was going to that on

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raise that, Judge. Friday.

We forgot

to mention

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If you are okay -THE ARBITRATOR: It's my expectation to do. If you are okay, that's that

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that's

what you would

prefer

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MR. COLLELUOR I : what we would I ike to do. THE ARBITRATOR: my thought

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1'm good with that,

and

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is we wi I I take that up at the conclusion interim rul ing, and then probably side wants to hear it. do

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after you get your it by submission

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unless

either

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MR. MELSHE IMER: THE ARBITRATOR: MR. COLLELUOR I: we did shortly, probably

I th ink that's Good. One

right.

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last th ing, Judge / we

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after our cal I on Friday, on just

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did get a stipulation numbers involved

from the Mavericks compensation

the

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in deferred

for you, and

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what -- what that

is is through

June 30/ 2008, the

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A.
Q.

I was there

eleven

years. of a

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Did - - were you ever a member team?

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championship

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A.
Q. players

Yes, sir, five of them. Five of them? you played Sam Jones, with? Casey Jones, John Hav I icek, B i I I And who were some of the

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A.
Q. Celtics

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Russe I I , Tom Sanders,

Ba i ley Howel I . did you retire from the

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When you retired, in '76? did.

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A.
Q.

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And what did the - - did the Celtics

retire

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your number?

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A.
Q.

Yes. What was your number? Number And
19.

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A.
Q. today,

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if I go to, what

is it, Boston

Gardens

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can I see that? Yes, sir. How many numbers has Boston retired? know.

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A.
Q.

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A.
Q.

They got a lot of them. When did you get

I don't

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into coaching? I think it was 1976.

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A.
Q.

After my retirement, And what's Mil waukee

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the fi rst team you coached? Bucks.

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A.

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Q.

Did you start out as a head coach

or the

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assistant? A.
Q.

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Assistant

coach. under?

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And who were you coaching Larry Costello,

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A.
Q.

an old NBA player. at

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And how long would you end up coaching

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Mil waukee? A.
Q.

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ended Okay.

up being there When you first

eleven started

years. being the head

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coach of Mi Iwaukee, contract?
A.

did you even have a written

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No.

I only had one my last year there when I always worked on a

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the owner sold the team. handshake. Q. A. Q. A.
Q.

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After you

left Mi Iwaukee,

where

did you go?

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I went to the Golden

State Warriors. State?

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How long did you coach at Golden .I coached eight years there. State,

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After you left Golden New York Nicks. And about what's Yeah. Did you ever during coach an Olympic

where

did you go?

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A.
Q.

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this, mid

'90s?

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A.
Q.

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this period team?

of time or

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thereabouts A.

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A wor Id champ ionsh ip . it wasn't

the 0 Iymp ics .

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Q.

It was a world

championship

team?

And how did

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you do? A. Q. We won a gold metal. Okay. Let's go back to, when did you -- how

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long were you at the Nicks? A. Q.
A.

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About

hair a season.

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And then what did you do arter that? I went to Mau i . I got rired, and I went to

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Mau i .
Q.

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AI I right.

Tel I Judge Ashworth

how you came

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to be associated
A.

with the Mavericks. was in Maui, and Frank.Zaccanel think, I i was that I was

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ffif!~

Well,

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looking ror a man, and he had a PR guy, was ramil iar with me. and asked
Q.

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And they round out where

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ir they could come and visit with me. And how did the negotiations Good. Did they end up -- rast rorward with the Mavericks here, did you their go?

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A.
Q.

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end up negotiating general A. manager?

to become

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They asked me to come and meet Ross Perot. to hire me, and -- but he needed And so I rlew me

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think Frank wanted

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to sit with Ross Perot.

into Dal las, and and the ract

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Ross gave me a ride on his hel icopter, that I went in his hel icopter,

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he hired me.

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Q.

Did he fly it? Yes, sir. When you got to the Mavericks, with the Mavericks then -- so your

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A.
Q.

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first contract

would have been the

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one we were ta Iking about with Mr. Zaccane I Iii n February of '97. Now, to the extent you need to look I know you don't read a lot of

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at these documents, contracts

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or anything,

but if you need to look at them,

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they are in front of you, so if you need to look -A.
Q.

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A I I right. Tel I the court generally when you negotiated

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your first contract,

what -- what were you are going to

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do; what was your job? A.
Q.

I was going to be the general

manager. in when

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What kind of shape were the Mavericks

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you first came aboard? A. Wel I, they had a bad team, a bunch of players. They had just traded their best

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disgruntled

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player Jason Kidd away, and they were having a very poor year.
Q.

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Do you know if in '97 Mr. Perot was already about changing arenas?

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thinking A.
Q.

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I don't bel ieve I did. SO did you have an attorney Yes, John O'Connor. at that time?

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A.

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