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).

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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 (404) 875-0400 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 (404) 875-0400 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 www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 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 www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 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 (404) 875-0400 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 www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 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 (404) 875-0400 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 www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 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. REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 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 www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 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 www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 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. REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 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 www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 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 (404) 875-0400 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 14 08:54:18 15 A. Yes. 08:54:19 16 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 20 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400

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