O'Bannon, Jr. v. National Collegiate Athletic Association et al

Filing 237

Administrative Motion to File Under Seal Defendant NCAA's Deposition Designations filed by National Collegiate Athletic Association. (Attachments: #1 Declaration of Jeslyn A. Miller, #2 Proposed Order, #3 NCAA's Deposition Designations, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #25 Exhibit V - REDACTED, #26 Exhibit V - SEALED, #27 Exhibit W, #28 Exhibit X, #29 Exhibit Y, #30 Exhibit Z, #31 Exhibit AA, #32 Exhibit BB)(Miller, Jeslyn) (Filed on 6/23/2014) Modified on 6/24/2014 (kcS, COURT STAFF).

EXHIBIT G

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
---o0o---

In re NCAA Student-Athlete
Name and Likeness

Case No. 09-cv-1967-CW

Licensing Litigation
_________________________/

Deposition of
ALEXANDER GILBERT
___________________________
Friday, November 4, 2011

MAY CONTAIN CONFIDENTIAL INFORMATION

Designation Color Key
Blue = NCAA Affirm Desigs.
Orange = Pls' Counter Desigs.
Fuchsia = NCAA Rebuttal Desigs

REPORTED BY:

JOHN WISSENBACH, RDR, CRR, CBC, CCP,
CLR, CSR 6862

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 6

08:23:31
08:23:31

2

ALEXANDER GILBERT,

1

having been first duly sworn, testified as follows:
THE VIDEOGRAPHER:

3

You may now proceed.

EXAMINATION BY MR. CURTNER

08:23:33

4

08:23:34

5

Q.

Good morning, sir.

08:23:34

6

A.

Good morning.

08:23:38

7

Q.

As I said a moment ago, I'm Greg Curtner,

08:23:41

8

and I represent the National Collegiate Athletic

08:23:44

9

Association.

08:23:47

10

morning.

08:23:52

11

be as careful and as polite as I can be in my

08:23:55

12

questions.

08:24:00

13

and complete and honest an answer as you can,

08:24:02

14

realizing that some of the things may pertain to

08:24:03

15

things that happened a long time ago.

08:24:07

16

08:24:09

17

08:24:11

18

A.

Alexander Gilbert.

08:24:13

19

Q.

Where do you reside, sir?

08:24:15

20

A.

I live in St. Louis, Missouri.

08:24:17

21

Q.

How long have you lived in St. Louis?

08:24:21

22

A.

Outside of college and a few years

08:24:24

23

08:24:28

24
25

Got some questions for you this

I hope it won't take too long.

And I will

And I would ask you to give me as full

And just to get started, would you state
your full name for the record, please.

overseas, my whole life.
Q.

And just so the rules are clear, if I ask a

question that you don't understand or you want me to

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 7

08:24:35

1

rephrase or there's some concern about it, please

08:24:38

2

let me know, and I'll attempt to repeat it or

08:24:42

3

rephrase it.

08:24:43

4

understand it.

08:24:44

5

A.

That's fair.

08:24:47

6

Q.

And one of the -- the requirements is that

08:24:51

7

you and I not speak at the same time.

08:24:55

8

try not to cut you off, and you need to try to wait

08:24:57

9

until I'm through speaking before you answer.

08:24:58

10

08:24:58

11

A.

Yes.

08:25:01

12

Q.

And -- and you can have a break whenever

08:25:04

13

you need one.

08:25:06

14

if you need to consult with your counsel, you can

08:25:09

15

request a break for that purpose, as well.

08:25:09

16

enough?

08:25:13

17

08:25:16

18

your life, and other than when you went to college

08:25:20

19

at Indiana State; is that right?

08:25:21

20

A.

Correct.

08:25:23

21

Q.

And that means you went to high school in

08:25:24

22

08:25:25

23

A.

Yes, I did.

08:25:28

24

Q.

And what high school did you attend?

25

A.

Actually, I went to high school in East

But if you answer, we'll assume you
Is that fair?

And so I'll

Is

that fair?
That's fine.

We'll take one in an hour or so.

And

Fair

So you live in St. Louis, and have most of

St. Louis?

REPORTED BY: John Wissenbach
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HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 9

08:26:47

1

Q.

Edgewood?

08:26:48

2

A.

Yes.

08:26:52

3

Q.

And how long have you had that job?

08:26:55

4

A.

In the capacity I'm in right now, about two

08:26:55

5

08:26:57

6

Q.

And what did you do prior to that?

08:27:01

7

A.

I worked for the State of Illinois, the

08:27:02

8

08:27:05

9

Q.

08:27:05

10

Corrections?

08:27:08

11

A.

08:27:10

12

correctional officer.

08:27:15

13

with -- with reattaching inmates back into the

08:27:16

14

community.

08:27:19

15

Q.

And how long did you do that work for?

08:27:21

16

A.

15 years.

08:27:25

17

Q.

Are you trained in social work?

08:27:27

18

A.

I like to think so.

08:27:29

19

Q.

You -- by experience, or do you have a

08:27:30

20

08:27:37

21

A.

An associate's in sociology.

08:27:41

22

Q.

And prior to working for the Department of

08:27:46

23

08:27:47

24

A.

I played basketball, I guess.

25

Q.

And you said you lived abroad for a while.

years.

Department of Corrections.
And what did you do for the Department of

Basically the same thing.

I was a

After that I did social work

Yes.

degree in social work?

Corrections, what did you do?

REPORTED BY: John Wissenbach
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HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 10

Did you play basketball abroad?

08:27:53

1

08:27:54

2

A.

Yes, I did.

08:27:56

3

Q.

For how long?

08:28:00

4

A.

Off and on for about three years.

08:28:01

5

(Discussion off the record.)

08:28:04

6

THE WITNESS:

08:28:04

7

08:28:07

8

Q.

And what teams did you play for?

08:28:11

9

A.

Some of the names are so long ago, I can't

08:28:12

10

08:28:17

11

08:28:19

12

Girl International.

08:28:23

13

for a club team in Iceland.

08:28:26

14

pronounce the name, to be quite honest with you.

08:28:31

15

Played for another club team in Finland, which is a

08:28:34

16

15-letter name, so I couldn't even begin to

08:28:35

17

pronounce that.

08:28:37

18

Q.

All consonants?

08:28:39

19

A.

Yeah.

08:28:39

20

08:28:42

21

08:28:46

22

08:28:52

23

A.

No.

08:28:55

24

Q.

When you left Indiana State, did you earn

25

your degree?

Yes, about three years.

BY MR. CURTNER:

even think about it.
I played in England.

I played for Kelly

They owned the team.

I played

I can't even begin to

Something like that, yeah.

It's a

very old language.
Q.

Any other European league or

outside-the-United-States teams?

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 11

08:28:59

1

A.

Yes.

08:29:02

2

Q.

And your degree's in sociology?

08:29:05

3

A.

No, at Indiana State, criminology.

08:29:08

4

Q.

Okay.

08:29:11

5

08:29:14

6

A.

1981.

08:29:20

7

Q.

Have you ever lived in the State of

08:29:21

8

California?

08:29:22

9

A.

No.

08:29:24

10

Q.

Have you ever worked in the State of

08:29:24

11

California?

08:29:33

12

A.

No.

08:29:35

13

Q.

Have you ever been a witness in a legal

08:29:38

14

proceeding similar to this, where you gave testimony

08:29:41

15

under oath?

08:29:42

16

A.

No.

08:29:44

17

Q.

So you've never been sworn to give

08:29:47

18

08:29:48

19

A.

No.

08:29:53

20

Q.

Have you ever been involved in litigation,

08:29:59

21

08:30:00

22

A.

No.

08:30:03

23

Q.

As a corrections officer, you never got

08:30:12

24
25

And what year did you get your

degree from Indiana State?

testimony, like you were this morning, before?

as -- as a party or a witness, in any way?

called as a witness?
A.

No.

REPORTED BY: John Wissenbach
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In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 15

08:34:14

1

Q.

Did you -- and are those St. Louis people?

08:34:21

2

A.

One is.

08:34:24

3

Q.

Did you play on summer teams or AAU teams

08:34:29

4

08:34:31

5

08:34:33

6

08:34:39

7

08:34:42

8

not have had very many of those in those days,

08:34:42

9

either.

08:34:51

10

A.

Maybe one.

08:34:54

11

Q.

So you were playing at Coffeyville junior

08:34:57

12

college, and you grew some, your skills improved,

08:35:00

13

and at that point some colleges were interested in

08:35:04

14

recruiting you.

08:35:05

15

A.

Pretty much, yeah.

08:35:08

16

Q.

So what schools were interested in you at

08:35:10

17

that point?

08:35:15

18

A.

08:35:19

19

08:35:21

20

08:35:22

21

08:35:23

22

A.

To some of them, yes.

08:35:26

23

Q.

Which schools did you make an official

08:35:28

24
25

The other two, no.

during your high school and junior college career?
A.

No, they didn't have that back then.

That

wasn't as popular as it is now.
Q.

Right.

Oh.

Did you attend any camps?

They may

Maybe one.

Is that the way it worked?

A lot.

About 60 schools recruited me,

so -Q.

Did you make official visits to some

schools?

visit to?
A.

Off the top of my head, Missouri, Arkansas,

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 16

08:35:43

1

Arkansas State, Indiana State, a small school in

08:35:49

2

Louisiana.

08:35:50

3

Some other places.

08:35:53

4

08:35:58

5

play or attributes in a team when you were being

08:36:04

6

recruited and deciding where to go?

08:36:04

7

A.

No.

08:36:08

8

Q.

What were you interested in?

08:36:17

9

08:36:18

10

08:36:21

11

that I was looking for at that time.

08:36:24

12

wanted to be a police officer.

08:36:27

13

thought I could play right away, because I only had

08:36:37

14

two years left, and I wanted to play right away.

08:36:44

15

Q.

And was Indiana State your first choice?

08:36:44

16

A.

No.

08:36:45

17

Q.

What was?

08:36:46

18

A.

Missouri.

08:36:51

19

Q.

And did you get an offer from Missouri?

08:36:52

20

A.

Yes.

08:36:58

21

Q.

So how did you wind up at Indiana State?

08:36:59

22

MR. KING:

08:37:00

23

THE WITNESS:

08:37:05

24

Indiana State, I had an older brother.

25

time they had a guy by the name of Larry Bird

Q.

I can't think of the name of it, though.

Were you looking for a particular style of

What was your

criteria?
A.

A place where I could get the education
I thought I

And a place where I

It's okay.
The reason why I went to
And at that

REPORTED BY: John Wissenbach
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In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 21

THE WITNESS:

Just the generics, what --

08:41:55

1

08:41:58

2

what people, you know, just kind of talk about, but

08:41:59

3

other than that, no.

08:41:59

4

BY MR. CURTNER:

08:42:05

5

08:42:08

6

instruction or get any -- any books or informational

08:42:11

7

packages about what you could and could not do as a

08:42:15

8

college athlete?

08:42:16

9

A.

I don't remember anything like that.

08:42:18

10

Q.

Do you remember, when you got on campus at

08:42:22

11

Indiana State, signing anything about what you --

08:42:26

12

about your eligibility, academic, and that you

08:42:28

13

hadn't taken improper benefits, or anything else

08:42:31

14

like that?

08:42:33

15

A.

I don't remember anything like that.

08:42:36

16

Q.

So to the best of your recollection, you

08:42:41

17

never signed any forms when you arrived at Indiana

08:42:44

18

State?

08:42:48

19
20

Q.

A.

Did you ever attend any classes or an

I signed my letter of intent.

That's the

form that I signed, my National Letter of Intent.

08:42:52

21

Q.

Right.

08:42:52

22

A.

Other than that --

08:42:54

23

Q.

-- did sign a National --

08:42:57

24
25

So you --

MR. KING:

Greg, I don't think he was quite

finished.

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In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 22

MR. CURTNER:

I'm sorry.

You're right.

08:42:59

1

08:42:59

2

Q.

Go ahead.

08:43:02

3

A.

Outside of my letter of intent, that was

08:43:04

4

the only form that I knowingly signed, and it was

08:43:06

5

basically -- from what I understood, was stating

08:43:08

6

that I was signing a scholarship offer to take care

08:43:11

7

of me until I could graduate and get my degree from

08:43:12

8

there.

08:43:15

9

08:43:19

10

anyone who said, "These forms are the rules and the

08:43:21

11

regulations and the things that are necessary for

08:43:24

12

you to be able to compete for your -- to stay

08:43:28

13

eligible for your time here," no.

08:43:29

14

anything like that.

08:43:33

15

08:43:39

16

08:43:42

17

08:43:45

18

years, and the year after that I got drafted, so I

08:43:51

19

took a year off, which would be 1981.

08:43:54

20

back.

08:43:59

21

of '82.

08:44:01

22

Q.

08:44:03

23

those years?

08:44:06

24

A.

25

Other than that, I never sat down with

Q.

I've never had

And how many years did you get a

scholarship at Indiana State?
A.

Okay.

I played, but I was eligible for two

Then I came

I went back to school in '82, I guess, spring
So two years; two and a half, three years.
And they gave you a scholarship all of

I'm not sure what it was called after my

eligibility was up.

So I don't know what -- what

REPORTED BY: John Wissenbach
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In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 23

the actual title of that was.

08:44:10

1

08:44:13

2

08:44:16

3

08:44:17

4

MR. KING:

08:44:19

5

THE WITNESS:

08:44:22

6

sure what it was.

08:44:24

7

have just been financial aid.

08:44:25

8

BY MR. CURTNER:

08:44:26

9

08:44:32

10

08:44:39

11

08:44:39

12

A.

Yes.

08:44:41

13

Q.

So you were in the '79 draft; is that

08:44:41

14

08:44:43

15

A.

1980.

08:44:52

16

Q.

'80 draft.

08:44:55

17

tournament when you guys had the famous game that

08:44:59

18

featured Bird and Magic, right?

08:45:00

19

A.

Yeah.

08:45:07

20

Q.

That people still talk about.

08:45:08

21

A.

Yeah.

08:45:09

22

Q.

It was a pretty -- it must have been a

08:45:16

23

08:45:22

24

A.

That was -- yeah, it was nice.

25

Q.

Did -- did -- as a result of participating

Q.

But you got some kind of a scholarship.

You didn't pay tuition?

Q.

Objection.
I -- like I said, I'm not

I'm not sure if it was -- it may
I don't know.

Right.
You were drafted by the NBA after your --

your eligibility was completed?

right?

But it was the '79 NCAA

Right.

pretty exciting event to participate in.

REPORTED BY: John Wissenbach
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In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 24

08:45:33

1

in that famous event, did you achieve some personal

08:45:36

2

popularity or fame, and people would come up to you

08:45:42

3

on the street and say, "Hey, I know you"?

08:45:42

4

MR. KING:

08:45:44

5

THE WITNESS:

08:45:47

6

result of that, but, you know, people would come and

08:45:52

7

talk to me, yes.

08:45:53

8

BY MR. CURTNER:

08:45:55

9

Q.

And you were drafted by whom?

08:45:57

10

A.

The Milwaukee Bucks.

08:46:01

11

Q.

And did you play for a year with Milwaukee?

08:46:02

12

A.

No.

08:46:04

13

Q.

You didn't -- you couldn't quite make it in

08:46:05

14

08:46:06

15

A.

No.

08:46:09

16

Q.

It's a -- it's a different level of play

08:46:16

17

08:46:19

18

A.

Yeah.

08:46:25

19

Q.

Did anybody from that team at Indiana State

08:46:29

20

08:46:30

21

A.

Yes.

08:46:33

22

Q.

Who else?

08:46:37

23

A.

Hmm.

08:46:43

24

Q.

And did he play in the NBA?

25

A.

Yeah.

Objection.
I don't know if it was as a

the NBA?

than even the best college play?
I guess so.

Yeah, I could say that.

besides you and Larry Bird get drafted?

The guard, Carl Nicks.

Yes.

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In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 27

08:50:18

1

A.

Yes.

08:50:21

2

Q.

That was a big deal, right?

08:50:23

3

A.

Yeah, you wanted a chance to play for a

08:50:25

4

championship.

08:50:30

5

Q.

08:50:34

6

whether Indiana State got in because you won your --

08:50:38

7

your conference or whether you were an at-large.

08:50:47

8

A.

We got in because we won our conference.

08:50:52

9

Q.

And that championship game against Michigan

08:50:59

10

08:51:01

11

A.

To be quite honest with you, I don't know.

08:51:02

12

Q.

You don't remember?

08:51:04

13

A.

I don't remember what time the game

08:51:06

14

08:51:16

15

08:51:19

16

08:51:28

17

08:51:31

18

A.

08:51:32

19

That was it.

08:51:35

20

Q.

08:51:38

21

08:51:47

22

A.

No.

08:51:49

23

Q.

You would agree that that's one of the most

08:51:55

24

famous games in college basketball history; is that

25

right?

And did -- did you -- I've forgotten now

State was on in prime time, right?

started.
Q.

I really don't.
I was wondering if -- strike that.
Did you get to know any of the players from

the Michigan State team, either then or later?
No -- no more than just "hi" in passing.

You haven't made friends with Magic or any

of the other people who played on that team?

REPORTED BY: John Wissenbach
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In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 28

08:52:04

1

A.

Yeah, it's probably in the top two or

08:52:04

2

three, maybe.

08:52:06

3

Q.

08:52:11

4

that made the NCAA tournament even more popular than

08:52:14

5

it was prior to that?

08:52:16

6

A.

That's what they tell me, yes.

08:52:19

7

Q.

And it still, I believe, is -- holds the

08:52:22

8

record as the most watched college basketball game

08:52:26

9

of all time.

08:52:27

10

08:52:28

11

08:52:33

12

Q.

Is that right?

08:52:38

13

A.

Do you mean -- I don't know, to be quite

08:52:39

14

And it is widely considered to be a game

MR. KING:

Is that a question?

BY MR. CURTNER:

honest with you.

I --

15

Okay.

08:52:41

16

A.

All right.

08:52:44

17

Q.

Did -- did it sort of catapult you, in --

08:52:54

18

08:52:56

19

08:53:03

20

quite honest with you.

08:53:06
602

Q.

21

important thing to me, so I --

08:53:08

22

08:53:11

23

this way:

08:53:24

24

make you famous?

25

That's fair enough.

in terms of your popularity and people who knew you?
A.

Q.

A.

I don't know how to answer that, to be

I understand.

Being popular wasn't an

Did -- well, let me ask it

Did participating in that historic event

Another one of those things.

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 29

Things like that weren't that important to

08:53:33

1

08:53:37

2

me, to be quite honest with you.

08:53:40

3

recognize me on the street.

08:53:46

4

made me famous.

08:53:51

5

is subjective.

I -- people

But I don't know if it

Because that kind of thing -- fame
Who knows if they're famous.

6

Q.

Right.

08:53:52

7

A.

Right.

08:53:53

8

Q.

Did it -- did participating in that famous

08:53:58

9

08:54:00

10

08:54:03

11

08:54:07

12

08:54:09

13

08:54:16

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08:54:18

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A.

Yes.

08:54:19

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Q.

Who was that, sir?

08:54:23

17

A.

I think his name was Tom, Tom Glass.

08:54:28

18

Q.

Where did he live or work?

08:54:30

19

A.

I'm not really sure, but I think it was

08:54:32

20

08:54:34

21

08:54:35

22

08:54:36

23

A.

Short time.

08:54:38

24

Q.

Did you have an agent after that?

25

A.

No.

event make you go higher in the draft than you
otherwise would have?
A.

I have no idea.

Because that was

determined by someone else, I had no control of.
Q.

Did you, after you have exhausted your

eligibility, get an agent?
Yes, I did.

somewhere on the East Coast.
Q.

Did he represent you for a long time or a

little, short time?

I kind of acted as my own agent after

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 32

08:57:15

1

A.

I had no idea.

08:57:17

2

Q.

It wasn't really on your mind one way or

08:57:17

3

08:57:20

4

A.

It wasn't important to me, no.

08:57:23

5

Q.

Were you flattered to be asked to give your

08:57:29

6

08:57:34

7

08:57:37

8

weren't important to me, you know.

08:57:40

9

to be, you know, where I was.

08:57:42

10

08:57:45

11

were you trying to figure out some way to turn it

08:57:55

12

into a career and make a living off of it?

08:57:58

13

08:58:01

14

08:58:01

15

basketball?

08:58:02

16

Q.

Uh-huh.

08:58:05

17

A.

Yes, I was happy to be playing basketball.

08:58:09

18

08:58:13

19

08:58:17

20

wanted to get your degree and find a job in law

08:58:20

21

enforcement or something like that; is that right?

08:58:40

22

A.

Something like that, yeah.

08:58:42

23

Q.

So would you agree that the fact that Bird

08:58:49

24

and Magic were the leaders of two pretty good teams,

25

or really good teams, that met in an NCAA

the other?

autograph?
A.

Q.

A.

Once again, those kind of things just
I was just happy

Were you happy to be playing basketball, or

Let's make sure I get this out.
You're asking me were I happy to be playing

No, I never expected to make a career out of it.
Q.

And so you all along expected that you

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 43

record.

Time is 9:10.

09:20:57

1

09:23:29

2

(Recess taken.)

09:23:50

3

THE VIDEOGRAPHER:

09:23:53

4

the record.

09:23:55

5

BY MR. CURTNER:

09:23:57

6

09:23:59

7

that -- that what motivated you to join in this

09:24:05

8

lawsuit was seeing the 1979 championship game shown

09:24:12

9

on ESPN or ESPN Classic or some of those stations

09:24:16

10

during the tournament time every year; is that

09:24:17

11

right?

09:24:28

12

A.

One of the reasons, yes.

09:24:29

13

Q.

Anything else?

09:24:32

14

A.

I just -- well, yeah.

09:24:34

15

didn't understand how they were able to do that and

09:24:35

16

never contact me.

09:24:38

17

09:24:44

18

other media outlets that were reshowing or

09:24:48

19

rebroadcasting that game and ask them how they were

09:24:55

20

doing that or what they thought their rights were?

09:24:56

21

09:24:57

22

09:24:59

23

09:25:05

24
25

Q.

Q.

We are now going back on

The time is 9:23.

Mr. Gilbert, you said before the break

I guess I just

Did you ever contact ESPN or any of the

A.

No.

I didn't know that was available to

Q.

Did you ever contact them and say, "Please

me.

stop; you don't have my permission"?
A.

No.

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 91

10:45:44

1

laws are in place there.

10:45:47

2

to say it.

10:45:48

3

10:45:51

4

Amendment has -- someone has a right to -- right to

10:45:56

5

speak, has a First Amendment right to speak?

10:45:56

6

10:45:57

7

10:45:59

8

Q.

Laws like that?

10:46:02

9

A.

I guess.

10:46:04

10

Q.

Have you ever spoken to -- with anyone from

10:46:05

11

10:46:06

12

A.

No.

10:46:11

13

Q.

Are you aware of any actions taken by

10:46:13

14

Electronic Arts to prevent you from trying to sell

10:46:18

15

your name or image in any way?

10:46:20

16

A.

No, because I've never spoken with anyone.

10:46:24

17

Q.

Right.

10:46:27

18

you learned of any action, in any form, that EA has

10:46:29

19

ever taken that would prevent you from selling your

10:46:31

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name or likeness?

10:46:34

21

10:46:35

22

10:46:37

23

10:46:39

24

name or likeness.

25

that?

Q.

Maybe that's a better way

Laws like -- you know, like the First

MR. KING:

Objection to form.

BY MR. SLAUGHTER:

Electronic Arts?

A.

But beyond speaking with them, have

No, because I've never tried to sell my

name.
Q.

Because you've never tried to sell your
Is that right?

You've never done

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 92

10:46:42

1

A.

Never did it.

10:46:46

2

Q.

Are you aware of -- do you believe that --

10:46:46

3

strike that.

10:46:48

4

10:46:58

5

10:46:59

6

A.

I don't know.

10:47:09

7

Q.

Do you believe that EA has used your name

10:47:14

8

10:47:24

9

A.

Hmm.

10:47:32

10

Q.

Have you ever seen it yourself?

10:47:34

11

A.

I don't know how to answer that.

10:47:36

12

10:47:37

13

10:47:39

14

10:47:39

15

A.

Okay.

10:47:42

16

Q.

-- ever played EA video games?

10:47:45

17

A.

I've been in rooms -- present in rooms

10:47:46

18

10:47:47

19

Q.

Okay.

10:47:50

20

A.

I don't play the games.

10:47:52

21

Q.

When was the first time you were in a room

10:47:55

22

10:47:58

23

A.

Oh, God.

10:48:02

24

Q.

And were they playing EA college basketball

25

Do you believe that EA has ever used your
name in any advertising, to sell a product?

or image or likeness in any way?
I've been told you have.

I've seen

the game.
Q.

Have you ever -- have you ever played --

well, let's take it this way:

Have you --

where people have played the game.

with people playing an EA Sports video game?
In the nineties.

games back in the nineties?

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 102

10:58:57

1

everyone to use and see and sell and profit from.

10:58:58

2

Does that make sense to you?

10:59:01

3

10:59:03

4

And I'm not quite sure I agree with it, but I

10:59:05

5

understand what you're saying.

10:59:09

6

Do you want -- do you -- strike that.

10:59:14

7

Are your -- do you want to represent people

10:59:18

8

who are currently in school, as part of this

10:59:19

9

lawsuit?

10:59:23

10

10:59:25

11

the part that I play in this.

10:59:26

12

can go right now.

10:59:28

13

10:59:30

14

school are different than the interests of the

10:59:31

15

people who used to be in school?

10:59:33

16

10:59:33

17

MR. KING:

10:59:35

18

THE WITNESS:

10:59:36

19

answer that, to be --

10:59:36

20

BY MR. SLAUGHTER:

10:59:36

21

Q.

Well, then --

10:59:39

22

A.

That's a little beyond where I'm at with

10:59:39

23

10:59:41

24
25

Q.

A.

Q.

A.

Well, I -- I understand what you're saying.

I can only speak for the former athletes,
That's as far as I

Because the interests of the people in

I don't even know how to -Objection to form.
I don't even know how to

this, you know.
Q.

Well, what's the difference, in your view,

between people that are in school and people who

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 103

have graduated?

10:59:45

1

10:59:48

2

10:59:50

3

graduated, they've started their lives.

10:59:52

4

they're not college students.

10:59:55

5

11:00:02

6

11:00:04

7

A.

By "fairly," what do you mean?

11:00:07

8

Q.

Well, I -- quite frankly, I mean whatever

11:00:11

9

11:00:13

10

Mr. Gilbert.

11:00:15

11

be treated fairly.

11:00:18

12

be treated the same way as the former students, in

11:00:23

13

your view?

11:00:25

14

A.

This is my opinion, right?

11:00:33

15

Q.

Yes.

11:00:36

16

A.

I believe in amateur athletics.

11:00:39

17

what's fair for amateur athletics is what is being

11:00:42

18

put in place right now today.

11:00:44

19

is fair for kids in college.

11:00:50

20

for them right now is what it is.

11:00:55

21

those laws by sitting here.

11:00:57

22

they've left school.

11:00:59

23

commercial says, in something else.

11:01:01

24

shouldn't they be compensated.

25

A.

Q.

You just said it.

Okay.

The people who have
They're --

Should the college students be

treated fairly?

it is that -- however you've been using the term,

Q.

You've said that the people ought to
And should the current students

I think

That's what I think
Whatever's in place
I can't change

But former athletes,

They went pro, as the
So why

And when you say "compensated," are you

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 104

11:01:07

1

talking about being compensated for what happened

11:01:11

2

while they were in school?

11:01:13

3

MR. KING:

11:01:14

4

THE WITNESS:

11:01:14

5

happened"?

11:01:15

6

BY MR. SLAUGHTER:

11:01:20

7

11:01:24

8

game.

11:01:26

9

during -- when that game was played, right?

11:01:26

10

A.

Uh-huh.

11:01:27

11

Q.

Yes?

11:01:27

12

A.

Yes.

11:01:34

13

Q.

And so are you suggesting that members of

11:01:37

14

the teams that played in that game ought to receive

11:01:42

15

some compensation for that game?

11:01:46

16

11:01:47

17

11:01:49

18

11:01:54

19

what about any compensation that -- or profits that

11:01:58

20

occurred at the time the use was made?

11:02:02

21

11:02:05

22

athlete, and I believe in amateur athletics.

11:02:09

23

was in place for me at that time was a scholarship,

11:02:13

24

books and tuition.

25

Q.

Objection to form.
What do you mean by "what

Well, for instance, the 1979 championship

That -- you were still a -- in school

A.

If someone is profiting from the image of

that, that use.
Q.

A.

Q.

What about at the time?

What about the --

I think I said earlier, I was an amateur
What

And that's what I got.

So you got a scholarship, books, tuition,

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 105

11:02:22

1

opportunity for an education.

11:02:26

2

basketball on a basketball team.

11:02:31

3

time that the games were being broadcast, right?

11:02:36

4

11:02:36

5

11:02:38

6

Q.

Yes?

11:02:39

7

A.

Yes.

11:02:44

8

Q.

Had you -- when you were in school, did you

11:02:51

9

see clips of old games; you know -- you know, Wilt

11:02:53

10

Chamberlain playing in college, anything like that?

11:02:56

11

I don't know if he went to college.

11:02:56

12

in college?

11:02:59

13

A.

To college one year.

11:03:00

14

Q.

Uh-huh.

11:03:03

15

those people were getting paid when you saw clips of

11:03:04

16

their old games?

11:03:07

17

11:03:14

18

11:03:17

19

11:03:22

20

11:03:23

21

A.

I don't know.

11:03:26

22

Q.

I mean, did you enjoy seeing -- seeing

11:03:30

23

yourself -- seeing clips of your games on the sports

11:03:33

24

news shows at night, come home and see the clips?

25

Was that fun to see?

MR. KING:

And you played
You knew at the

Objection to form.

BY MR. SLAUGHTER:

A.

Yeah.

I didn't know.

Oscar Robertson

Yes.

And did you think that

No.

I didn't have -- know

any idea one way or the other.
Q.

Are there benefits to being on TV while

you're in college?

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

In Re NCAA Student-Athlete, et al.
Alexander Gilbert

09-cv-1967-CW
November 4, 2011
Page 115

CERTIFICATE OF REPORTER

1
2

I, JOHN WISSENBACH, a Certified Shorthand

3

Reporter, hereby certify that the witness in the

4

foregoing deposition was by me duly sworn to tell

5

the truth, the whole truth, and nothing but the

6

truth in the within-entitled cause;

7

That said deposition was taken down in

8

shorthand by me, a disinterested person, at the time

9

and place therein stated, and that the testimony of

10

the said witness was thereafter reduced to

11

typewriting, by computer, under my direction and

12

supervision;

13

That before completion of the deposition,

14

review of the transcript [X] was [ ] was not

15

requested.

16

deponent (and provided to the reporter) during the

17

period allowed are appended hereto.

If requested, any changes made by the

18

I further certify that I am not of counsel

19

or attorney for either or any of the parties to the

20

said deposition, nor in any way interested in the

21

event of this cause, and that I am not related to

22

any of the parties thereto.

23

DATED:

24
_____________________________

25

JOHN WISSENBACH, CSR No. 6862

REPORTED BY: John Wissenbach
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]