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 H

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

in re NCAA Student-Athlete Name and
Likeness Licensing Litigation

Case No.
09-cv-1967-CW

* MAY CONTAIN CONFIDENTIAL INFORMATION *
- - VIDEOTAPED DEPOSITION OF
SAM JACOBSON
NOVEMBER 7, 2011
9:00 A.M.

KILPATRICK TOWNSEND & STOCKTON LLP
1100 PEACTHREE STREET, SUITE 2800
ATLANTA, GEORGIA

REPORTED BY:
STEVEN S. HUSEBY, RPR
CCR-B-1372
Designation Color Key
Blue = NCAA Affirm Desigs.
Orange = Pls' Counter Desigs.
Fuchsia = NCAA Rebuttal Desigs

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 5

1

P R O C E E D I N G S

2
3

THE VIDEOGRAPHER:

Good morning.

4

This is the beginning of tape number one in

5

the deposition of Sam Jacobson in the matter

6

of in re: NCAA Student-Athlete Name and

7

Likeness Licensing Litigation, Case

8

09-CV-1967-CW.

9

7th, 2011.

Today's date is November the

The time on the monitor is 9:07

10

a.m. My name is Michael McElroy and I'm the

11

videographer.

12

Huseby.

13

The court reporter is Steve

We're with Huseby Incorporated.

Counsel, please introduce yourselves after

14

which the court reporter will swear in the

15

witness.

16

MR. SLAUGHTER:

This is James

17

Slaughter from Keker & Van Nest on behalf of

18

Electronic Arts.

19

MR. BOYLE:

Peter Boyle with

20

Kilpatrick Townsend & Stockton on behalf of

21

the Collegiate Licensing Company.

22

MS. KEFALAS:

Kimberly Kefalas

23

from Miller, Canfield, Paddock and Stone on

24

behalf of the National Collegiate Athletic

25

Association.
REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 9

1

Cottage Grove, correct?

2

A.

Yes.

3

Q.

You were Minnesota's Mr. Basketball

4

your senior year of high school; is that

5

right?

6

A.

Yes.

7

Q.

And you went to the University of

8

Minnesota?

9

A.

Yes.

10

Q.

Which -- were you highly recruited out

11
12
13
14
15

of high school?
A.

Yes, we got several letters from

colleges.
Q.

How many colleges did you make

official visits to?

16

A.

One.

17

Q.

Just the University of Minnesota?

18

A.

Yes.

19

Q.

Did you want to go to the University

20

of Minnesota since -- as you were growing up?

21

A.

No.

22

Q.

So why is it that you only made one

23
24
25

college visit, official visit?
A.

I wanted to be close to home so my

parents could see me play.

I think I

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 10

1

developed more of a liking for the U as I got

2

older in high school so it was -- and we only

3

have one Division One College.

4

Q.

In Minnesota?

5

A.

In Minnesota, so that was the most

6

likely choice.

7

Q.

Now, I'm not -- forgive me, I'm not

8

familiar with Minnesota.

9

University of Minnesota from Cottage Grove?

10
11

A.

How far is the

I would say 30 miles, give or take

five, maybe five.

12

Q.

So hometown school?

13

A.

Yeah, it's the only major school in

14

Minnesota.

15

Q.

But more than just the only major

16

school in Minnesota, it's near where you grew

17

up?

18

A.

Yes.

19

Q.

And it was your first choice?

20

A.

Yes.

21

Q.

And you guys had a pretty

22

successful -- you had a pretty successful

23

collegiate basketball career?

24

A.

Yeah, we did well our junior year.

25

Q.

Went to the Final Four that year?

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 11

1

A.

Yes.

2

Q.

And your senior year you did pretty

3
4

well too, won the NIT?
A.

Yes, we did, we won the NIT.

But we

5

would have liked to get to the NCAA games of

6

course.

7
8

Q.

And you were drafted out of college

into the NBA?

9

A.

Yes.

10

Q.

What round were you drafted in?

11

A.

First round.

12

Q.

Were you drafted by the Lakers?

13

A.

That's correct.

14

Q.

Did you live in the dorms when you

15

went to the University of Minnesota?

16

A.

Yes.

17

Q.

Did you have roommates or did you have

18
19

a single room?
A.

I had -- I've -- let me think.

I had

20

roommates, and one year I had a small single

21

room.

22
23

Q.

Did you guys -- did anybody in your

dorm have video game consoles?

24

A.

Yes.

25

Q.

Did you guys regularly play video

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 26

1

A.

It would be current athletes when they

2

become former athletes, but yes, I'd like to

3

see current athletes also have a voice after

4

they are done playing, how their name is used.

5

Q.

Now, why not -- why doesn't that

6

principle apply to current athletes?

7

shouldn't they have a say in how their name

8

is -- according to you why shouldn't they have

9

a say in how their name or image is used while

10
11

Why

they are in college?
A.

I think I said that they should have a

12
13

with college, whether -- how their name was

14
701

say on both before, for when they are done

being used.

15

Q.

My question was a little different.

16

Why shouldn't they have a say about how their

17

name or image is used while they are in

18

college?

19

A.

What's the difference?
Well, I think when they are in

20

college, that they have -- that their name --

21

you know, they have been under the institution

22

and under a -- you know, that they are part of

23

that college at that time and they are also

24

providing a service at that time.

25

that time they have -- you know, when they

But after

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 27

1

step out of college, I feel it's a difference,

2

because they are not currently in that

3

college.

4

Q.

Okay.

So let's break that down a

5

little bit, Mr. Jacobson.

Let's take TV as an

6

example.

7

games were on television when you played them,

8

correct?

You testified that you knew your

9

A.

Which one -- I knew --

10

Q.

Your college games?

11

A.

Some games were, yes.

12

Q.

You knew that some of your college

13

games were on television at the time you were

14

there, you don't claim that you are owed any

15

money for the broadcast of those games when

16

they appeared while you were in college,

17

correct?

18
19

A.

I don't know if they should be -- can

you restate the question?

20

Q.

Sure.

21

A.

If they are allowed money, you said?

22

Q.

Yes.

23
24
25

Well, strike that.

I'll take it

even a step further back.
Do you claim that you should be compensated
for rebroadcasts of television games, so -REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 49

1

A.

Yes.

2

Q.

You played with the Lakers for two

3
4

seasons, season and a half?
A.

For the first year, which was a

5

lockout year, and then the beginning of the

6

second year.

7

game.

8

pre-season games.

I don't recall if we played a

I think I was just a part of a few

9

Q.

Then you got traded?

10

A.

Then I was waived.

11

Q.

And signed with the Warriors?

12

A.

Correct.

13

Q.

And what year did you play with the

14
15
16

Warriors?
A.

I don't recall the exact date of

signing because it was close to '99/2000.

17

Q.

Okay.

18

A.

So it would have been the '99/2000

19

year, but I don't recall if I actually signed

20

before the new year or after.

21

was after but I don't recall.

22

Q.

Okay.

23

the --

24

A.

The new year, so --

25

Q.

I believe it

I'm sorry, when you say after

After the new year --

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 50

1

A.

That was the season of -- you know,

2

'98/'99 we -- was the first year, but we

3

actually didn't start playing our games

4

because that was the lockout year with the

5

Lakers, until '99.

6

have been '99/2000.

7

there was a period of time between there where

8

I was not on a team.

9

I actually started -- it was that season of

10

So the next year would
And when I was waived

But I can't remember if

'99/2000.

11

Q.

That you played with the Warriors?

12

A.

Correct.

13

Q.

And how many seasons did you play with

14

the Warriors?

15

A.

Just that one season.

16

Q.

And where did you go -- what did you

17

do after you left the Warriors?

18

A.

I played briefly in Greece.

19

Q.

What year was that?

20

A.

That would have been --

21

Q.

The fall of 2000?

22

A.

Correct, I believe so.

23

Q.

How long were you in Greece?

24

A.

About a month or two.

25

Q.

Why so short?

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 51

1

A.

I was -- they released me.

2

Q.

Okay.

Where -- what did you do

3

after -- do you remember the name of that

4

team, first of all, in Greece?

5

A.

Yes, it's Olympiakos.

6

Q.

What did you do after you played

7

there?

8

A.

9

I got into the Timberwolves' training

camp and then was signed by the Timberwolves.

10

Q.

11

fall of --

12

A.

That same year, 2000/2001.

13

Q.

And did you -- how long did you remain

14

Signed by the Timberwolves in the

with the Timberwolves?

15

A.

Just that one year.

16

Q.

2000/2001.

17

Were you there the whole

year, whole season?

18

A.

Yes.

19

Q.

What did you do after that?

20

So now

we're in the spring/summer of 2001.

21

A.

Had surgery, did not play basketball.

22

Q.

And have you played professional

23
24
25

basketball since -- since 2001?
A.

Yes.

I played in France, or in Italy,

then France.
REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 52

1

Q.

When did you play in Italy?

2

A.

I can't recall the exact years.

3

It

was around '06/'07.

4

Q.

For both Italy and France?

5

A.

Yep, because I started in Italy in the

6

same year and finished in France.

7

the same basketball year but two different

8

countries.

9

Q.

What did you do from 2001 to 2006?

10

A.

I got my real estate license and I

11

So it was

worked for a company called ProvNet Mortgage.

12

Q.

Provident?

13

A.

ProvNet.

14

Q.

ProvNet.

15

A.

I don't remember exactly how to spell

Q.

Okay.

16
17
18

it.
ProvNet Mortgage a real estate

broker?

19

A.

It's a mortgage broker.

20

Q.

Mortgage broker.

21

A.

Yeah.

22

Q.

Any other employment in that 2001 to

23

2006 timeframe?

24

A.

Not that I recall.

25

Q.

What did you do after you came back

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 53

1

from playing professional basketball in Italy

2

and France in 2006 and 2007?

3
4

A.

I finished my degree at the University

of Minnesota.

5

Q.

What did you get your degree in?

6

A.

Finance at Carlson School of Business.

7

Q.

How -- how many classes were you

8

short?

9

A.

Originally, it was around 16 credits

10

but then they added classes that you had to

11

finish school.

12

to the time I went back they have added

13

classes that you needed to finish to graduate.

14

So there was added classes.

15

recall the exact number of credits but --

Since the time I left school

And I don't

16

Q.

How long -- sorry.

17

A.

Sorry.

18

Q.

Didn't mean to cut you off.

19
20
21
22
23

How long

did it take you to finish up your degree?
A.

It was that full year.

So I think it

was 2008 if I can remember.
Q.

Were you a full-time student at that

time?

24

A.

Define a full-time student.

25

Q.

Did you have any other employment?

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 58

1

(Exhibit Number 62

2

marked for identification).

3
4
5
6
7
8
9
10

BY MR. SLAUGHTER:
Q.

Do you recognize Exhibit 62,

Mr. Jacobson?
A.

I don't.

I don't recall it but I have

an idea by the title of what it is.
Q.

Was this in your files, among the

documents that you sent to your lawyer to be
produced in this case?

11

A.

I believe so.

12

Q.

And what is it?

13

A.

The players contract, looks like by

14

the title.

15

Q.

16

This is your contract with the Lakers,

correct?

17

A.

I believe so.

18

Q.

Take your time to look through it.

19

Let me know if it appears to be so.

At the

20

very -- at the back, it shows what your

21

compensation is going to be.

22

refresh your recollection?

Maybe that will

23

A.

(Witness reviews document).

24

Q.

You can unclip it if you need to.

25

A.

I believe it to be.

I don't know if

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 125

1

recall this one.

2

Q.

Do you know who took this picture?

3

A.

I don't.

4

Q.

Do you know if whoever put this flyer

5

together got this from the University of

6

Minnesota?

7

A.

I don't know.

8

Q.

Did you ever have plans to try to sell

9

the rights to your name and likeness but for

10

some reason you didn't go forward with those

11

plans because of anything any of the

12

defendants had done to you?

13

MR. KING:

Objection, form.

14

THE WITNESS:

I never had plans --

15

did you say to sell my name?

16

BY MR. BOYLE:

17
18
19

Q.

Sell the rights to your name or

likeness?
A.

No, I never had a plan for that.

20
21

MR. BOYLE:
the record?

22
23

Okay, can we go off

THE VIDEOGRAPHER:
12:14 p.m.

The time is

We're now off the record.

24

(Lunch recess.)

25

THE VIDEOGRAPHER:

The time is

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 149

1
2
3

Q.

So for being on the team back when

they were student athletes?
A.

Correct, and I don't know what the

4

definition of what the -- the term of being on

5

the team is.

6

to figure out what's the definition of -- you

7

know, I was on the team so I should be part of

8

the group, if that person was on the team for

9

one day or two months or one year or four

You know, that's at a later date

10

years.

11

definition of that is.

12

Q.

I don't know at this time what the

Okay.

You testified previously about

13

when you went back to school to finish your

14

degree.

Do you remember that?

15

A.

Uh-huh.

16

Q.

Did you receive any financial aid for

17
18

that?
A.

I believe the U -- there was a reduced

19

pay or I believe they did help pay for the --

20

for me finishing my degree.

21

the details were though.

22

Q.

I don't know what

I don't remember.

Mr. Slaughter asked you previously,

23

and actually maybe Mr. Boyle too, about the

24

flyers for the Jump Start program.

25

A.

Yes.

REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 156

1

C E R T I F I C A T E

2
3
4

G E O R G I A:

5

FULTON COUNTY:

6
7
8
9

I hereby certify that the
foregoing deposition was reported, as

10

stated in the caption, and the questions

11

and answers thereto were reduced to the

12

written page under my direction; that the

13

foregoing pages represent a true and

14

correct transcript of the evidence

15

given.

16

any way financially interested in the

17

result of said case.

I further certify that I am not in

18

Pursuant to Rules and Regulations

19

of the Board of Court Reporting of the

20

Judicial Council of Georgia, I make the

21

following disclosure:

22

I am a Georgia Certified Court

23

Reporter.

I am here as an independent

24

contractor for Huseby, Inc.

25
REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]

in re NCAA Student-Athlete, et al.
Sam Jacobson

09-cv-1967-CW
November 7, 2011
Page 157

1

I was contacted by the offices of

2

Huseby, Inc. to provide court

3

reporting services for this deposition.

4

I will not be taking this deposition under

5

any contract that is prohibited by O.C.G.A.

6

15-14-7 (a) or (b).

7

I have no written contract to

8

provide reporting services with any party

9

to the case, any counsel in the case, or

10

any reporter or reporting agency from whom

11

a referral might have been made to cover

12

this deposition.

13

and customary rates to all parties in the

14

case.

15

I will charge my usual

This, the 9th day of November, 2011.

16
17

______________________________
STEVE S. HUSEBY, CCR-B-1372

18

My Commission Expires
January 20th, 2015.

19
20
21
22
23
24
25
REPORTED BY: Steven S. Huseby, RPR, CCR
www.huseby.com
HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 [phone]