Trone et al v. Peanut Corporation of America

Filing 24

Trone et al v. Peanut Corporation of America

Doc. 24 Att. 4

EXHIBIT

TO DECLARATION OF OCONNOR
Dockets.Justia.com

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

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REPORTERS CERTIFICATION OF JOHN DEPOSITION JUNE
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OCONNOR

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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

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