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).

EXHIBIT H

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE NCAA STUDENT-ATHLETE )
NAME & LIKENESS LICENSING

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)

LITIGATION

Case No. 4-09-cv-1967 CW

)

___________________________)
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Smith Moore Leatherwood
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300 N. Greene Street
Suite 1400

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Charlotte, NC
Tuesday, January 15, 2013

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9:03 a.m. - 11:06 a.m.

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30(b)(6) VIDEOTAPED DEPOSITION

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OF

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ATLANTIC COAST CONFERENCE

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BY JOHN SWOFFORD

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Reported by:

April Reid, RPR, CRR, CLR
Notary Public

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212-279-9424

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MR. CURTNER:

This is Greg Curtner

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with Schiff Hardin, I am co-counsel with

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Ms. Wahl for the NCAA.

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MR. SHACHAM:

And you have Matan

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Shacham from Keker & Van Nest on behalf of

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electronic arts.

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EXAMINATION
BY MR. COHEN:
Q.

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Okay.

Very good.

Good morning, sir.

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A.

Good morning.

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Q.

My name is Daniel Cohen, I'll be

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asking the questions this morning.

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Have you ever taken a deposition

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before?

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A.

I have, yes.

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Q.

So you know the procedure and to

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answer and not shake your head -A.

Yes.

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Can you state your name for the
record, please?

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A.

John Swofford.

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Q.

And, Mr. Swofford, what is your

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position?

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A.
Conference.

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Commissioner of the Atlantic Coast

Q.

How long have you been the

Commissioner of the Atlantic Coast Conference?

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A.

This is my sixteenth year.

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Q.

And before that briefly what did you

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do?

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Commissioner?

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What was your job prior to being the

A.

I was the Athletic Director at the

University of North Carolina for 17 years.
Q.

How many times previously have you

taken depositions?

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A.

Once.

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Q.

Have you had a chance -- this is a

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30(b)(6) deposition.

Have you had a chance to

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review the Subpoena for the deposition today, or

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the topics?

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I'll rephrase it.

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Have you had an opportunity to

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discuss -- to see what the topics were that were

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going to be discussed today?

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A.

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To some degree, yes.
MR. ALBRIGHT:

212-279-9424

And just to -- as a

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foundation.

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Excuse me.

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THE WITNESS:

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MS. WAHL:

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I'm sorry?

Objection; form,

foundation.
BY MR. COHEN:

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Q.

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answer.

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A.

I -- I don't know the answer to that.

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Q.

Do you have knowledge of how far in

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If you know the answer, you can

the past your games have been digitized?

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Starting with basketball.

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we'll go with the basketball games.

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MS. WAHL:

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THE WITNESS:

I guess

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Object; foundation.
I don't know.

BY MR. COHEN:
Q.

And the same with football?

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MS. WAHL:

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THE WITNESS:

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(THEREUPON, Exhibit 903 was marked

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for identification).

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Same objection.

THE COURT REPORTER:

Exhibit 903.

BY MR. COHEN:
Q.

212-279-9424

Are you familiar with the exhibit I
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just presented to you?

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A.

Yes.

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Q.

And can you identify it for the

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record, please?
A.

It's the Division I Student-Athlete

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Consent Form from the NCAA to assist in certifying

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eligibility.

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Q.

Are student-athletes required to sign

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this before they're eligible to participate in an

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NCAA-sanctioned event?

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A.

I believe that they are, yes.

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Q.

What is the ACC's understanding of

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this form?
A.

What is the ACC's understanding of

the form?

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Q.

Correct.

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A.

That it would need to be signed by

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each student-athlete that -- at the institutional

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level to be cleared for eligibility to compete.

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Q.

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MS. WAHL:

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Objection; form,

foundation.
BY MR. COHEN:
Q.

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What is the purpose of the document?

Let me take -- strike that question.
Did the ACC have anything to do with

creating this document?

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A.

No.

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Q.

Does the ACC have anything to do with

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input when you update this document?

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MS. WAHL:

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Objection; form,

foundation.

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THE WITNESS:

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Q.

knowledge of what happens if someone refuses to
sign this document?

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THE WITNESS:

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Q.

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Is the ACC aware of anyone who's ever

refused to sign the document?

THE WITNESS:

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They're ineligible to

compete.

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Does -- do you have any personal

I -- I don't recall

that, anyone not signing it.
BY MR. COHEN:
Q.

Can students negotiate the terms of

the document?

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