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 J

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Case No. 4:09-cv-1967 CW

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----------------------------------x

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IN RE NCAA STUDENT-ATHLETE
NAME & LIKENESS LICENSING

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LITIGATION

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----------------------------------x
December 12, 2012

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9:03 a.m.

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- HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY -

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Videotaped deposition of BO KERIN, held at the

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offices of Munsch, Hardt, Kopf & Harr, PC, 401 Congress

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Avenue, Suite 3050, Austin, Texas, pursuant to Notice

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before Steven Stogel, Texas Certified Shorthand Reporter

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No. 6174

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

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212-279-9424

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foundation.

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THE WITNESS:

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Repeat the

question.

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I'm sorry.

(The requested portion was read by the
reporter)
A.

I think it would have been irresponsible to

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not be sensitive at all times to the position of our

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corporate partners.

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policy, I'm not aware of anything of that nature, but as

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with any other partner, you would be irresponsible as an

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employee of the national office not to be sensitive to

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those issues.

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And so -- I mean, as a matter of

(Exhibit No. 735 marked)
BY MS. STEINER:

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Q.

I'm showing you what's been marked as

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Exhibit 735.

It's Bates stamped NCAAPROD00107857

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through 859.

Do you see that?

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Can you identify for the record what this

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document is?

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A.

Yes.

This was a form that CBA would fill out

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and submit to membership services to request a response

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to an interpretive issue.

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Q.
response.
A.

212-279-9424

On Page 2, it seems that you wrote the
Is that correct?
Let's see.

Yes.

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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.

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A.

Yes.

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Q.

Okay.

Correct?

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And you also write, "Obviously, 2K

would need permission from all the former
student-athletes, but we'll leave that to them."

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Do you see that?

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A.

I do.

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Q.

Why was it your opinion that 2K needed

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permission from all the former student-athletes?
A.

I mean, NCAA rules outline what applies to

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student-athletes with remaining eligibility.

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that, whatever federal, local, and state laws apply to

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publicity, that's on the student-athlete to do whatever

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they need to do.

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example -- an on-campus example.

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Outside of

I mean, it's -- I'll give you an

If an outside entity uses the picture of

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a student-athlete to promote that they're televising the

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game, the institution is required -- and, of course,

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there's no involvement of the student-athlete.

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perfectly innocent.

212-279-9424

They're

The institution is required to take

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I further certify that I am neither counsel

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for, related to, nor employed by any of the parties or

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attorneys to the action in which this proceeding was

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taken.

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attorney of record in this cause, nor am I financially

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or otherwise interested in the outcome of the action.

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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.

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____________________________________

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Steven Stogel, CSR, CLR
Texas CSR 6174

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Expiration:

12/31/14

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