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 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400 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 (404) 875-0400

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