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 J HIGHLY CONFIDENTIAL OUTSIDE ATTORNEYS' EYES ONLY Page 1 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 2 Case No. 4:09-cv-1967 CW 3 ----------------------------------x 4 IN RE NCAA STUDENT-ATHLETE NAME & LIKENESS LICENSING 5 LITIGATION 6 ----------------------------------x December 12, 2012 7 9:03 a.m. 8 9 - HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY - 10 11 Videotaped deposition of BO KERIN, held at the 12 offices of Munsch, Hardt, Kopf & Harr, PC, 401 Congress 13 Avenue, Suite 3050, Austin, Texas, pursuant to Notice 14 before Steven Stogel, Texas Certified Shorthand Reporter 15 No. 6174 16 17 18 19 20 21 22 Designation Color Key Blue = NCAA Affirm Desigs. Orange = Pls' Counter Desigs. Fuchsia = NCAA Rebuttal Desigs 23 24 25 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 HIGHLY CONFIDENTIAL OUTSIDE ATTORNEYS' EYES ONLY Page 131 1 foundation. 2 3 THE WITNESS: 6 Repeat the question. 4 5 I'm sorry. (The requested portion was read by the reporter) A. I think it would have been irresponsible to 7 not be sensitive at all times to the position of our 8 corporate partners. 9 policy, I'm not aware of anything of that nature, but as 10 with any other partner, you would be irresponsible as an 11 employee of the national office not to be sensitive to 12 those issues. 13 14 And so -- I mean, as a matter of (Exhibit No. 735 marked) BY MS. STEINER: 15 Q. I'm showing you what's been marked as 16 Exhibit 735. It's Bates stamped NCAAPROD00107857 17 through 859. Do you see that? 18 Can you identify for the record what this 19 document is? 20 A. Yes. This was a form that CBA would fill out 21 and submit to membership services to request a response 22 to an interpretive issue. 23 24 25 Q. response. A. 212-279-9424 On Page 2, it seems that you wrote the Is that correct? Let's see. Yes. VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 HIGHLY CONFIDENTIAL OUTSIDE ATTORNEYS' EYES ONLY Page 132 1 2 3 4 5 6 Q. Why is it that this would have been routed to A. I was one of the ILT contacts for the CBA you? group. Q. Okay. And you write that this particular request is permissible. 7 A. Yes. 8 Q. Okay. Correct? 9 10 And you also write, "Obviously, 2K would need permission from all the former student-athletes, but we'll leave that to them." 11 Do you see that? 12 A. I do. 13 Q. Why was it your opinion that 2K needed 14 15 permission from all the former student-athletes? A. I mean, NCAA rules outline what applies to 16 student-athletes with remaining eligibility. 17 that, whatever federal, local, and state laws apply to 18 publicity, that's on the student-athlete to do whatever 19 they need to do. 20 example -- an on-campus example. 21 Outside of I mean, it's -- I'll give you an If an outside entity uses the picture of 22 a student-athlete to promote that they're televising the 23 game, the institution is required -- and, of course, 24 there's no involvement of the student-athlete. 25 perfectly innocent. 212-279-9424 They're The institution is required to take VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 HIGHLY CONFIDENTIAL OUTSIDE ATTORNEYS' EYES ONLY Page 161 1 I further certify that I am neither counsel 2 for, related to, nor employed by any of the parties or 3 attorneys to the action in which this proceeding was 4 taken. 5 attorney of record in this cause, nor am I financially 6 or otherwise interested in the outcome of the action. 7 8 Further, I am not a relative or employee of any SUBSCRIBED AND SWORN TO under my hand and seal of office on this the 28th day of December, 2012. 9 10 11 ____________________________________ 12 Steven Stogel, CSR, CLR Texas CSR 6174 13 Expiration: 12/31/14 14 15 16 17 18 19 20 21 22 23 24 25 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430

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