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. 4 EXHIBIT TO DECLARATION OF OCONNOR JOHN OCONNOR Page ARBITRATION NO 1310016794 DON NELSON ClaimantCounterrespondent VS DALLAS BASKETBALL LIMITED DALLAS MAVERICKS CIVIL ARBITRATION PENDING BEFORE JAMS dba lairnant ORAL JOHN JUNE DEPOSITION OF OCONNOR 17 2008 ORAL DEPOSITION at OF JOHN instance in the of OCONNOR the produced and as witness the taken of Respondent and to duly cause sworn on the was 17th abovestyled from for numbered June CSR 2008 947 the at 1214 of before Susan reported 901 Klinger by in and State Figari to Texas Davenport stenographic method Texas record Main Street stated Dallas on the pursuant the provisions or attached hereto HG LITIGATION SERVICES HGLITIGATIONcOM JOHN OCONNOR to Pages Page Page JOHN having been first APPEARANCES FOR THE CLAIMANT Mark Davenport OCONNOR duly sworn testified as follows EXAMINATION LLP FIGARI 901 DAVENPORT Street Suite BY Main 3400 Dallas Texas 75201 MR HARPER Mr OConnor AIam How long believe since top is of you are Don Nelsons attorney FOR THE RESPONDENT have you been Don Nelsons the attorney Mr FISH Geoffity Harper summer of 1990 RICHARDSON Suite PC 10 11 12 And on Yes he that hes also your friend 1717 Main Dallas 5000 Texas 75201 Im asking you to take look really quick at Exhibit4which lsthe They only gave 10 13 14 MR MR these HARPER me two copies Im sony Mark 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 16 17 18 19 20 21 22 23 24 25 DAVENPORT should dont need it know documents know them by now MR HARPER You are better than in me Exhibit Did you have any role negotiating Can you please Yes negotiated Zaccanelli negotiation just It describe this for me your role with contract Frank was fairly straightforward have couple of questions about the Page Page is INDEX WITNESS JOHN PAGE whether or not over you had any discussions certain provisions of this or negotiations agreement OCONNOR BY Yes EXAMINATION MR HARPER 14 Let me ask you to look for example at Paragraph EXHIBITS No 64 65 10 12 12 13 13 14 14 15 15 16 16 17 17 18 19 18 19 20 21 22 23 24 25 Page Description entitled Wimess complies Paragraph 14 is paragraph of this agreement Confidentiality the Did you have any discussions regarding Iko Caplan article article 6172008 6172008 10 wIth that Mavericks regardIng or negotiations paragraph Id wIll not indicates the that content the of This the club paragraph not employee and this disclose agreement correct with but exceptions Yes yes maybe Right mean club we should read that it Employee and contents displayed of this agree and promise shall none of the agreement be published or discussed directly in disclosed revealed 20 21 22 23 characterized other or indirectly to by innuendo or under any would be as and the bylaws then the exception means any way and then anyone circumstances required by law the exceptions and the Constitution of the the 24 25 rules or regulations Is NBA club And except that if asked and the employee may HG LITIGATION SERVICES HGLITIGATIONCOM JOHN OCONNOR 15 Pages 54 to 57 56 he Page money situation 54 in Page where gave it So she would she would come out on top tha he to gave me in his cell phone again but think me the meeting Exhibit MR break DAVENPORT HARPER 1106 Can we take five minute The Idid next day did you send 14 MR Tell State Sum to Let me just ask you to read first if you will the of Exhibit Recess 1117am with the sentence of the third paragraph 14 me about your discussion the Golden As you Im welcome know Don mean aloud says first Warriors on August 3rd 2006 in sorry didnt that although you are Yes 10 afternoon president At approximately maybe 300 oclock call the The one sentence Floyd ha 330 got Iv if Robert have Rowell beer 10 been gracious The third of the Warriors said asking could paragraph Im sony first 12 13 14 with can him And you be ready How soon And said Im will He not said doing How to say it soon 12 13 14 15 16 Yes Yes When sir Did you see that sentence anything was He said be over want you said settle is this amicably what are somewhere and between we had that half an hour or an hour later you referring Their to Vhat to the this do that but they 16 17 18 19 20 21 22 23 24 25 came over beer that fhilure pay Don either his consultant due they And Warriors basketball to during beer he told me about the with in their 17 18 19 20 la also as it becomes agree It wouldnt of were coach thinking making move wouldnt to any kind lump sum walk awa party and would Don be interested talking settlement involved are per wa the obviously other neither so wanted with to be Floy them Anything else with one my discussion should you can recall about that 21 22 you have the two choices or You settle either it pay him as conversation think told but contract we will in lump sum but gathcrcd he said he had permission thought the the to talk to Don to 23 24 25 do one or the other that And Floyd basically to him thought club do what in you need of contract do Floyd didnt Tell have the authority do either what you are club was breach me if Im accurate in saying Page Did he say who he had gotten permission 55 saying is Page the 57 from this is the consulting salary that hes No have told he just said he had permission remember that else He might owed Yes the the me but tell dont consulting to the salary think the you know be Can you conversation me anything about that breach as general managers to couldnt didnt they expect for to be anything for happen the We werent Yes terminate He had Mike him had not made the decision but if to asking money had that been not that Also consultants Floyd act as Montgomery and they did do it they for and coach to provision about and that already breached and talked would owe the next half million dollars to be real year tight they were let letting for Don last consultant half ways guess be or two years That was going want to hadnt him do the year and lets part 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the owners just didnt pay much be to the in new 10 So pay basically was saying 20000 come on and did you think us you know Don would that interested didnt talking him be the month month or whatever guess it is it knowing is we have much Well he money said 12 13 would 20000 him lets the would 16000 or the And dont this said What not much to money my bet month other formal Is pay but 200000 with our per year lives ratably one this know hasnt havent gone happened more than yet but principals because to 14 15 16 get on for So was you Im not going request this that of have much said million the places that the are you aware regarding there letter any other written is Well Don one of to Don Joy hi 17 18 19 20 it correspondence proposed Exhibit breach proposed the would like go would in be Golden State because So think that wrong of word Other than Indicating 14 are you aware grandchildren interested in the bay area but didnt interest he would be level any formal of the coming think that agreement from This evidence proposed but that is Mr Nelsons perspective Obviously as of compensation but said would let him and there we had to 21 22 23 24 our the only written failure notice to Please and maybe maybe thought gave we can he me know what you talk He gave me his did give in are going cell do of of Cuban to the pay you had the phone then to sixth amendment employment agreement by the club offering to me me his cell phone was prepared that of course also saw evidence an email he sent me 25 Well was actually them pay HG LITIGATION SERVICES COM HGLITIGATION JOHN CONNOR 21 Pages 78 to 81 80 Page much tighter that 78 Yas have consultants release it Page wouldnt salary his It than is that You cant and be offset against that is have to pay him anymore settlement and anything the earned earned already but why you would be salary schedules may wrong Fax me the of consultants contract Instead it what the Mavericks depo had sent again talk you So he did say originally in but once and got into didnt but read the Floyd and we wont about why my about analysis earned like went went through talked refutation what the Mavericks had sent was purely an and accrued he didnt wanted either it give if me accelerated payment proposal payment to there wanted wouldnt to see was wrong give Right an accelerated obligated proposal that still And 10 he just or couldnt me 10 Don for five years the club refutation of Correct whatever it So instead out of paying him you know per say have Again 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were an going so Im clear you said hey that is not my the comes to be 10000 to pay period will or memory contract it Let me see the contract applied you reviewed and said dont 12 13 14 15 something like they were going will give you your lawyer hat 500000 to cash now and you next five still the obligation that way Yes Asked him to engage going to in consult Could for the years correct again you read the question Record read correct told discussions in with you but He 16 17 18 is said feel Im not engage discussions we Yes not thats And that told Floyd that that differently what Don me had been the agreement No to he didnt in say that He didnt say Im not have an 19 between the two of them recall engage what discussions Hejust didnt Do you 21 22 deny Mr tbat Iahner responding He didnt agree to that answer to was saying He didnt deny didnt to Okay He did but he wants said to well consult look the club wants with able you And is not say that things He was it very like friendly and have we 23 24 25 know him from to timetotime And that discussing is all but was he didnt have an gee we would when laughed like to be do that and answer Im saying He did not answer at him and scoffed we made jokes and Page tried to get 79 he laughed Page And thought that 81 one from him but talk it wasnt to as though he at was humorous relationship in my were liberty saying to Im not going to you or Im not depiction of the Nelson not going Cuban dont going divulge in He just didnt haveI me to couldnt he didnt into Im to want to to turn myself this engage tell him he why could to not engage to him but testifying so but am please try to shorten me was refusing sorry didnt talk query that to again dontmy there memory is that Im dIdnt mean imply Mr engage but basically testified that were several discussions or he in say gee Im not going didnt say Ive that you have described the reasons He secret got reasons and not is Im at Yes Is keeping them to or Ive got reasons could Im give not that accurate was more than one yes only time question 10 11 12 13 14 15 16 17 liberty discuss them sort Hejust me an call 10 There several phone call There was answer it He was of dumbfounded it is what would way discussions when presented him with it the better 12 13 And again my approximately was that went over would characterize Let page have as to what there had were period think me sort of is make sure Im also on the same The Mavericks that 14 15 in Well had know discussions Well sure other if what going on right now amendment discussion after that Im pretty in had sent proposed sixth you have 16 17 18 discussion later with had Floyd call week just to words your possession Correct correct on be lets with Floyd see anything with that could done say But the 1st certainly had the discussions around 19 20 21 22 23 24 25 If thought basically be understand the sixth what you are saying what to be you had 19 20 him time through 4th amendment of the In was going was there period buy out and agreement whereby for that iQi 21 22 23 24 25 think Mr he to Jahner also thought had said on August that the there was call sum paid exchange service sum Mr Nelson the club 24th again dont you would provide didnt have correct to no more and would agree five want have Im just asking whether like or not you know pay him over the next years recollection of anything that would not disagree with that HG LITIGATION SERVICES HGLITIGATIONCOM JOHN CONNOR Pages 82 Page 82 to Page to 84 take Are there be any other know you have tried Mr Jahner that job that it was possible there he was going to broad on purpose for with not me are there any other this general concep another year Were discussions actively discussions that Mr Jahner that you had on ongoing at that time we Are have talked about for You know discussions there dont know Bobby that there but were you asking words are me other are or other discussions discussions between of and there were Don and in other when you say are other times to nonmonetary guys his nature players between know discussions discussed have not think yall it you saying are there other some of the player were going at ex those with or there other discussions which on Whether do or not not had discussion having Bobby meant was there anything else the time know started them that with 10 sometime around couldnt put fine then point When on it exactly they were time had talked about that you havent shared me 12 wasnt keeping 12 13 14 at any Yes told records Floyd before we were talking about 13 14 The only player have heard about fourth do you know hand you know it the likelihood that of him getting you know when job He guy by the name of Pietrus him He he had would be he would get another We both talked Yes 16 Don to 16 17 18 19 20 21 22 23 24 25 about Don getting job wanted him he for Im indicates with not that sure am pronouncing the first it right encouraged get me throughout these as to conversations whether 17 18 he thought discussion as the job to He kept probing somebody job if Don was Would he Don may have occurred anything as early summer talking and after that kind of thing told 19 20 21 22 23 24 league Do you know about that get another and that weekend told thought this him and Pietrus dont know told told certainly that would have there Yes sir Pielrus thats correct Tell him on the 24th and of was this Mickael believe It possibility Don getting that ajob there year that year job being open the 2006 at least was possible like is new one me what you are talking that would be acceptable to him something 25 about Page that 83 Page Im just asking 85 Whether he would get it or not didnt know want to you whether as early as or not he indicated league And get the lato guess you know whole bunch of detail wantI on this dont You discussions occurred the summer do mentioned you know Discussions with 24th you told me about one additional the conversation who on August Right 3rd with someone with Golden State Mr Pietrus Nelson wouldnt think have had nnt any discussions with assume became actual that by the at some point in time that Nelson no dont Hes player negotiator He had negotiations never went regarding contract The first authority Hes Well 10 weekend as went anywhere and Well died but yes player agree that with that contract dont that never the 24th anywhere those alive things 10 11 12 13 even Hes think wasnt under on the of by been think the thing Ralph was again as We of Maybe might Im wrong have been that next Maybe year was 12 13 14 had reapproached that had at least thought for for the next year have been He might August present still 5th time the discussions were they under contract on periods that ended thought there was 14 15 You sort of keyed my point Certainly Nelson or not possibility may do something but nothing left with in the you certainly werent talking are to aware that Mr would be you 16 17 18 19 20 21 22 23 24 25 Montgomery as as the coach was offing said 16 17 18 players at that asking time correct maybe of August 5th Bobby to me message and the thats why could he Im have at you to club wasnt going do anything Don could natural If talked player league it of course he Im Then suppose sorry think you have gone beyond what 19 20 was he the summer to would be what and was asking later that would his talk players but about on the negotiations it restarted there 21 22 23 24 was talking about ex players Mullin Richmond would call or started and was some not exactly Higgins was some talk sure Obviously Exactly when that was tm No get to into understand privileged and obviously dont want to communication of guessing you had nor do what he want you mentioned that on the 24th you said 25 get into you sort as to might HG LITIGATION SERVICES HGLITIGATIONCOM JOHN OCONNOR Pages Page have or might Nelson players not 86 to 88 86 before Page have Do you know speaking league to whether or not was already the Golden State Warrior 2006 about just that look Again at Im just 26 trying is to make sure there if take during summer in Exhibit in which to the draft is question reference here the fourth amendment No Did not wouldnt know you have one way or the other Right any discussions legal wIth about Mr Nelson he first Do you reviewed will at see that but not something that you where to bes seeking Baron Davis philosophy advice when him if that time almost just spoke coaching about discussing it with fit his tell you about the as positive as and how would in one can time be that did not have not so sure in fourth paid the amendment to at 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr Nelson was the coach would have no knowledge on of that that 10 would at all this Im even about attention No have with 11 12 13 this paragraph any case talks about the it the no subject matter discussions anybody just topic fourth amendment that is was concerned what about to loss of in the 27 do million believe my copy role was the put back want you to cleanup something seen You the mentioned 14 15 16 17 it received of fine that of fourth amendment about when first would have but fourth fifth around August summer you have your any discussion but with with the amendment amendment Would you cant makes help notice to but the That anybody is DId not reference seen the fourth fifth amendment before about it client anybody would have or the amendment 18 19 Mavericks was signed no not No How with about didnt about Did actually No something it would that have The fifth amendment As was it 20 21 22 23 24 25 taking you mentioned you have to me your conversations with the Floyd Randall Schmidt the did understand did Floyd any conversations anybody with was sort of signed until after literally 11th hour and the consulting payments not see it it was signed going to Mavericks did not ajob with So again like Im just in show you Exhibit 26 and Exhibit 26 purports At least did not State prior to Dons Im not any way suggesting Golden The only person 87 to be office draft fifth Page talked to 89 amendment of that was faxed to your was Floyd about this matter Should on June 18th 2003 Yes Do you know whether received or not MR MR you would have so DAVENPORT HARPER your time we break for lunch you Actually appreciate Im done it Thank much for this would have received received Little it it Deposition adjourned at at 1214 pm some point think but dont think was in by the time was on the and road Rock it Arkansas or about think the time dont think 10 received it received If at my office else that is the answer had someone this in Little 10 somehow 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the that this eventually answer but saw Rock San 12 13 Arkansas Francisco is my did not see it in That is fair Again Im just trying to 14 Yes Imjusttryingto think 16 the handwritten letter saw it before 17 18 sent to Robert Hurt have been in will That would as well dated not let just that show you migh to be 19 20 21 22 the tree die of vain appears June the 24th 2003 Yes So are you saying fifth you would to it have seen the 24th of draft of 23 24 25 amendment prior think June 2003 Yes somehow was probably the clay HG LITIGATION SERVICES HGLITIGATIONCON JOHN 24 OCONNOR Pages 90 to 93 Page 90 ARBITRATION Page NO 1310016794 92 CHANGES PAGE LINE AND SIGNATURE REASON FOR CHANGE CHANGE DON NELSON iman CIVIL VS ARBITRATION DALLAS clba BASKETBALL LIMITED PENDING BEFORE JAM DALLAS MAVERICKS 10 Countercla REPORTERS CERTIFICATION OF JOHN DEPOSITION JUNE 10 12 13 14 OCONNOR 172008 Susan li State Certified Shorthand certi Reporter to the in 15 16 17 12 13 14 15 and for the of Texas hereby lowi That the the officer witness and that true JOHN the OCONNOR transcript was duly sworn by of the testimony oral given 18 deposition is record of the by 19 20 21 17 18 19 20 the witness the deposition transcript That was to the submitted witness or on to the 2008 attorney return for the witness for examination signature and 22 23 24 25 21 22 23 24 25 tome pursuant at by to time information said testimony for for all That officer given to the deposition the the was taken parties tbllowing includes counsel Attorney of record Mr Davenport Claimant Page JOHN deposition true 91 Page Mr Harper Attorney for 93 OCONNOR and hereby except as have read the foregoing that Respondent neither counsel for affix my signature same is further regted certiFy that am in and correct noted above to nor employed the action that by any of the parties or which not this affotn proceeding or was 4nQ6 THE STATE 10 COUNTY witness Subscribed 12 13 14 Given under OF OF and sworn JOHN OCONNOR ierw ifi further the said am financially in the outcome day of the action 2008 this to before me by JOHN my OCONNOR hand and seal of office 11 this 12 16 17 Notary State 18 of Public in 13 14 15 16 17 and for the My 19 20 21 22 23 commission expires 19 20 21 22 23 24 25 24 25 HG LITIGATION SERVICES COM HGLITIGATION

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