O'Bannon, Jr. v. National Collegiate Athletic Association et al
Filing
233
Deposition Designations by Edward C. O'Bannon, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Bojedla, Swathi) (Filed on 6/20/2014) Modified on 6/23/2014 (kcS, COURT STAFF).
<![CDATA[
EXHIBIT D
Page 1
1
UNITED STATES DISTRICT COURT
2
NORTHERN DISTRICT OF CALIFORNIA
3
4
5
) Case No. C09-01967 CW
NAME & LIKENESS LICENSING
6
IN RE: NCAA STUDENT-ATHLETE
)
LITIGATION
) CLASS ACTION
7
8
9
10
11
12
DEPOSITION OF WALTER BYERS
TAKEN ON BEHALF OF THE REPRESENTATIVE PLAINTIFFS AND
13
THE PLAINTIFF CLASSES
14
JUNE 1, 2012
15
16
17
18
19
20
21
22
23
24
25
212-279-9424
VERITEXT REPORTING COMPANY
www.veritext.com
212-490-3430
Page 5
1
*
2
3
*
*
*
*
(Deposition Exhibit Nos. 1 and 2 were
marked for identification.)
4
WALTER BYERS,
5
of lawful age, produced, sworn and examined on behalf
6
of the Representative Plaintiffs and the Plaintiff
11
Q.
Please state your full name for the record.
12
A.
Walter Byers.
13
Q.
How old are you?
14
A.
Well, I'm 90.
15
Q.
Do you understand that you are testifying
16
here today in response to a deposition subpoena?
17
A.
Yes.
18
Q.
Do you understand that you are obligated to
19
testify truthfully, to the best of your recollection?
20
A.
Yes.
21
Q.
Did you previously work for the NCAA?
22
A.
Yes.
23
Q.
For how long were employed by the NCAA?
24
A.
Thirty-six to 40 years.
25
Q.
Were you the NCAA's Executive Director?
212-279-9424
VERITEXT REPORTING COMPANY
www.veritext.com
212-490-3430
Page 6
1
A.
Yes, I was.
2
Q.
What were your general responsibilities as
3
Executive Director of NCAA?
4
A.
Well, supervised all the operations.
5
Q.
Mr. Byers, I'm handing you Exhibit 1, which
6
is a complete photocopy of the book Unsportsmanlike
7
Conduct:
Exploiting College Athletes.
8
A.
Yes.
9
Q.
Why did you write it?
10
A.
Well, I don't remember why I did it, but I
11
did it.
12
Q.
Did anyone help you write this book?
Q.
Did you believe at the time of publication,
13
Barred
by MIL
Order
Dkt.
1105 at
p. 8
14
15
that everything you wrote in this book was true and
16
accurate?
17
18
19
A.
Yes.
Every effort was made to ensure it was
accurate.
Q.
Sitting here today, do you still believe
20
that everything you wrote in this book was true and
21
accurate at the time of publication?
22
A.
212-279-9424
Well, yes.
I answered that previously.
VERITEXT REPORTING COMPANY
www.veritext.com
212-490-3430
Page 7
2
Q.
Mr. Byers, I'm handing you Exhibit 2, which
3
is a copy of the transcript of your 2007 deposition in
4
the White v. NCAA litigation.
5
and familiarize yourself with at least the first few
6
pages of this document.
7
A.
8
9
10
Please take a moment
(Witness complied.)
Yes, I have looked at it.
Q.
Do you recall this deposition which took
place out here at your ranch?
11
A.
Yes.
12
Q.
Sitting here today, do you have any reason
13
to doubt the accuracy of the testimony you provided in
14
this 2007 deposition?
15
A.
No.
18
Q.
What year did you cease being the active
19
20
Executive Director of the NCAA?
A.
21
(Whereupon, the requested portion of
22
23
Would you repeat that?
the record was read by the reporter.)
A.
I don't remember exactly.
I retired and
24
then was working for them on an emeritus basis
25
probably four more years after I had retired.
212-279-9424
VERITEXT REPORTING COMPANY
www.veritext.com
And I
212-490-3430
Page 8
1
think I worked for the NCAA 36 years, so that would
2
make some 40 years involved, period.
212-279-9424
VERITEXT REPORTING COMPANY
www.veritext.com
212-490-3430
Page 9
1
deposition in the White v. NCAA case, dated August 2,
2
2007.
3
A.
Okay.
4
Q.
Please direct your attention to questions
5
and answers beginning on page 34, line 19, and ending
6
on page 35, line 13.
7
accurate when you gave it on August 2, 2007?
Was that testimony true and
8
A.
Well, yes, I believe it was.
9
Q.
Still looking at Exhibit 1, please look at
10
your testimony on page 35, lines 12 through 13, that
11
"I would say after I did the book, then I did not get
12
into the manual at all."
13
accurate at the time you gave it?
Was that testimony true and
14
A.
Yes, more or less, it was accurate.
15
Q.
Still looking at Exhibit 1, please look at
16
your testimony on page 39, lines 14 through 17, that
17
"I think I made the point earlier with you, sir, that
18
the book researched was whatever it was, '96 or
19
something, and the book printed in '95 or '96, that I
20
did not keep up with rules after that date."
21
testimony true and accurate at the time you gave it?
22
23
A.
Was that
As far as keeping up with the rules and all
that, the testimony was actually, was very much
212-279-9424
VERITEXT REPORTING COMPANY
www.veritext.com
212-490-3430
Page 10
4
5
Q.
Have you discussed this case with counsel
for plaintiffs?
9
A.
No.
17
Q.
Have you discussed the possibility that you
18
would be deposed in this case with counsel for the
19
plaintiffs?
20
A.
212-279-9424
No.
VERITEXT REPORTING COMPANY
www.veritext.com
212-490-3430
Page 11
1
A.
212-279-9424
There were no discussions.
VERITEXT REPORTING COMPANY
www.veritext.com
212-490-3430
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
