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 L In Re NCAA Student-Athlete, et al. David Lattin 09-CV-1967-CW November 10, 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 DAVID LATTIN NOVEMBER 10, 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 8 1 him we can't talk over one another. 2 try not to cut you off, and I'll ask you to do 09:22:24 3 the same. 09:22:29 4 A. Absolutely. 09:22:30 5 Q. If I ask you a question and you don't 09:22:31 I will Okay? 09:22:20 6 understand that question, please let me know. 09:22:32 7 Is that fair? 09:22:34 8 A. Right. 09:22:35 9 Q. And you have to speak up. 09:22:35 10 A. Yes. 09:22:37 11 Q. Thank you. If I ask a question and 09:22:38 12 you answer, I'm going to assume you understand 09:22:40 13 the question, all right? 09:22:42 14 15 16 A. Unless I ask you to repeat it or rephrase it. Q. That's fair. 09:22:43 09:22:45 And that's perfectly 09:22:46 17 okay. 18 you need me to repeat it or rephrase it, 09:22:51 19 please do that, all right? 09:22:54 20 If you don't understand a question and Could you please state your full name for 09:22:49 09:22:56 21 the record? 09:22:58 22 A. David Lattin. 09:22:59 23 Q. And where do you reside, Mr. Lattin? 09:23:00 24 A. Houston, Texas. 09:23:08 25 Q. And how long have you lived in 09:23:10 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 9 1 2 Houston? A. 09:23:13 All my life basically. All my life. 09:23:14 3 I mean, I've lived in other cities, you know, 09:23:20 4 playing basketball, of course, but Houston is 09:23:23 5 my home. 09:23:26 6 Q. So you were born in Houston, right? 09:23:26 7 A. Yes. 09:23:28 8 Q. You grew up in Houston? 09:23:28 9 A. Yes. 09:23:29 10 Q. You lived there until you went to 09:23:30 11 college, right? 09:23:32 12 A. Correct. 09:23:33 13 Q. Now, I understand that you played pro 09:23:33 14 basketball and you may have lived outside of 09:23:36 15 Texas for a little while. 09:23:39 16 through where you lived during the period of 09:23:43 17 time when you were playing pro basketball? 09:23:45 Could you just run 18 A. Phoenix, Arizona. 09:23:47 19 Q. For what time period? 09:23:50 20 A. Well, San Francisco first and then 09:23:52 '68 through '69 basketball season 09:23:54 21 Phoenix. 22 over -- 09:24:01 23 Q. In San Francisco? 09:24:01 24 A. Excuse me? 09:24:04 25 Q. I'm sorry, I cut you off. I asked you 09:24:06 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 10 1 not to do that to me. 2 lived there from '68 to '69? For San Francisco, you 09:24:09 09:24:12 3 A. Correct. 09:24:13 4 Q. Were you living in the city or 09:24:14 5 outside? 09:24:16 6 A. In the city. 09:24:17 7 Q. Did you live in San Francisco after 09:24:18 8 '69? 09:24:21 9 A. No. 09:24:21 10 Q. 1969? 09:24:22 11 A. Correct. 12 Well, the basketball seasons 09:24:23 overlap, year to year. 09:24:27 13 Q. All right. 09:24:30 14 A. But go ahead. 09:24:30 15 Q. All right. 09:24:31 16 So after living in San Francisco, where did you move to? 09:24:37 17 A. Phoenix, Arizona. 09:24:39 18 Q. How long were you in Phoenix? 09:24:41 19 A. Two years. 09:24:42 20 Q. That brings us through 1971 roughly? 09:24:43 21 A. Correct. 09:24:51 22 Q. You were playing for the Phoenix Suns? 09:24:51 23 A. Phoenix Suns. 09:24:53 24 Q. Were they in the NBA at the time? 09:24:55 25 A. Yes. 09:24:57 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 11 1 Q. And when you were living in San 09:25:01 2 Francisco, you were playing for the Golden 09:25:03 3 State Warriors? 09:25:05 4 A. San Francisco Warriors. 09:25:06 5 Q. When did they change their name? 09:25:08 6 A. A few years later, they moved next 09:25:10 7 door to Oakland. 09:25:13 8 Q. And after Phoenix, where did you live? 09:25:18 9 A. Then I played with the Harlem 09:25:20 10 Globetrotters for one year, so lived on the 09:25:23 11 road. 09:25:26 12 13 14 Q. Where did you consider your residence to be when you were -A. 15 09:25:34 Houston. MR. CLOBES: 09:25:26 09:25:35 Make sure to let him 09:25:36 16 finish the question. 09:25:38 17 BY MR. BOYLE: 09:25:38 18 Q. How about when you were living in San 09:25:41 19 Francisco, did you have a driver's license 09:25:43 20 issued by California or -- 09:25:45 21 22 23 24 25 A. My car had a Texas tag and my driver's 09:25:47 license was still Texas. Q. So did you consider your residence to be in Texas even though you were living -A. I did. 09:25:50 09:25:52 09:25:53 09:25:56 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 12 1 Q. And when you were in Phoenix, you 09:25:58 2 considered your residence to be in Houston 09:26:00 3 though you were living in Phoenix? 09:26:03 4 A. Yes. 5 Q. All right. 6 09:26:04 After the Globetrotters, did you play for another team? 09:26:07 09:26:11 7 A. I did. 09:26:12 8 Q. What team? 09:26:13 9 A. Pittsburgh Condors in the ABA. 09:26:14 10 Q. How long did you play for the Condors? 09:26:21 11 A. Two years. 12 Q. I'm sorry, I may have overlooked this. 09:26:25 13 14 09:26:24 How long were you with the Globetrotters? A. One year. Well, go ahead -- well, 15 anyway, yeah, one year. 16 to the Globetrotters after I left the ABA. 17 Q. And then I went back And again, when you were playing for 09:26:31 09:26:33 09:26:36 09:26:38 09:26:41 18 Pittsburgh, did you consider Texas to be 09:26:48 19 your -- 09:26:51 20 A. Yes. 09:26:51 21 Q. -- state of residence? 09:26:51 22 A. Yes. 09:26:52 23 MR. CLOBES: Definitely let him 09:26:53 24 finish. You have to try to let him finish, 09:26:55 25 because you don't know what the question is 09:26:57 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 18 1 2 Q. Thank you. Penland is in Houston as well? 09:32:29 09:32:32 3 A. Was in Houston, yes. 09:32:32 4 Q. And Lone Star is in Houston as well? 09:32:34 5 A. Yes. 09:32:36 Correct, all the companies were 6 being purchased by other companies. 7 the reason for all the switch. 8 9 Q. Okay. That's 09:32:38 09:32:42 Have you ever held a California 09:32:44 driver's license? 09:32:53 10 A. No. 09:32:53 11 Q. Have you ever voted in California? 09:32:53 12 A. No. 09:32:55 I don't remember holding -- let 13 me say I don't remember holding a California 09:32:57 14 driver's license. 09:33:03 15 16 Q. I don't recall that. Mr. Lattin, you played for a fairly 09:33:05 well-known college basketball team, correct? 09:33:18 17 A. Fairly well known. 09:33:21 18 Q. You were on and a star of the 09:33:23 1965/65 [sic] -- '65/'66 Texas Western Miners. 09:33:26 19 20 A. Yes. 09:33:29 21 Q. Correct? 09:33:29 22 A. That's correct. 09:33:29 23 Q. And you won the NCAA championship that 09:33:30 24 25 year? A. 09:33:33 Correct. 09:33:33 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 28 1 A. No, correct. 09:44:35 2 Q. Did you sign anything with Texas 09:44:37 3 Western, a letter of intent or anything like 09:44:39 4 that? 09:44:40 5 A. No. 09:44:40 6 Q. Did you sign any NCAA eligibility 09:44:41 7 forms that you recall? 09:44:46 8 A. No, I don't recall . 09:44:46 9 Q. And you didn't sign any NCAA 09:44:47 10 eligibility forms with Tennessee State either, 09:44:49 11 right? 09:44:52 12 A. No, I don't recall that. 09:44:53 13 Q. When you went to visit Texas Western 09:44:56 14 Coach Haskins was coaching there at the time, 09:45:32 15 right? 09:45:35 16 A. Yes. 09:45:35 17 Q. Did you ever have any discussions 09:45:36 18 during your recruitment phase with Coach 09:45:37 19 Haskins about NCAA eligibility rules? 09:45:42 20 21 22 23 24 25 A. Any discussions with Coach Haskins about NCAA eligibility rules. MR. CLOBES: During your recruiting phase. THE WITNESS: discussed it. 09:45:44 09:45:47 09:45:49 09:45:50 No, we never 09:45:52 09:45:53 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 43 1 don't know for sure. 10:14:47 2 Q. 3 right? 4 A. Yes. 10:14:57 5 Q. Did you miss any games due to injury? 10:15:02 6 A. No. 10:15:05 7 Q. Did you ever have any issues with 10:15:07 8 suspension for team rules or anything like 10:15:16 9 that? 10:15:18 And you started that entire season, 10:14:55 10:14:57 10 A. No. 11 Q. Did you ever have any issues with NCAA 10:15:26 10:15:19 12 eligibility rules, either academic or 10:15:29 13 otherwise? 10:15:31 14 A. 10:15:32 No. 15 (Exhibit Number 110 10:16:39 16 marked for identification). 10:16:44 17 18 BY MR. BOYLE: Q. 10:16:44 Mr. Lattin, you've just been handed a 10:16:45 19 document that's been marked as Exhibit 110. 10:16:48 20 It bears Bates number AP 000277 through 400. 10:16:50 21 Could you please take a look at this document 10:17:00 22 and let me know if you recognize it? 10:17:02 23 24 25 A. Yes. MR. CLOBES: 10:17:04 It's double-sided as well, so there's text on both sides of each 10:17:06 10:17:08 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 44 1 page. 2 should be. 10:17:12 3 BY MR. BOYLE: 10:17:12 4 10:17:10 And just as a point of clarification, 10:17:13 5 Mr. Lattin, when I refer to Bates numbers, I'm 10:17:15 6 talking about these little numbers down here 10:17:17 7 with the alphanumeric code, things us lawyers 10:17:20 8 do to make it easier to refer to documents. 10:17:23 9 But this is a book and it's got page numbers, 10:17:26 so -- 10:17:28 10 Q. Or maybe yours -- yeah, I think it 11 MR. CLOBES: And he's asking you 10:17:28 12 whether you recognize the whole document so 10:17:29 13 you might want to look through it, just page 10:17:31 14 through it and make sure it's what you recall. 10:17:32 15 THE WITNESS: Do you want me to 10:17:41 16 read the whole book? 10:17:43 17 BY MR. BOYLE: 10:17:44 18 19 20 21 22 23 Q. I don't want you to read it, just make 10:17:45 sure you look at it and can identify it. A. (Witness reviews document). It appears to be the book that I've written. Q. You wrote a book entitled "Slam Dunk to Glory," correct? 10:17:46 10:17:53 10:18:26 10:18:28 10:18:32 24 A. Correct. 10:18:33 25 Q. And you believe this to be the book, 10:18:34 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 45 1 right? 2 A. I believe this to be the book. 10:18:37 3 Q. All right. 10:18:38 4 A. Copies of it anyway. 10:18:39 5 Q. Exactly. 10:18:40 10:18:37 And if you go to Bates 6 number AP 000280, it's just a few pages in, I 10:18:47 7 don't have a double-sided version so -- this 10:18:58 8 page at the beginning? 10:19:00 9 MR. CLOBES: It's on the back of 10:19:02 10 one of the pages, it's on the back of the 10:19:03 11 third page -- yeah, the beginning. 10:19:12 12 BY MR. BOYLE: 13 Q. There you go. That one. 10:19:12 Looking at page 10:19:13 14 AP 000280 on the left-hand side towards the 10:19:17 15 bottom, you see a copyright notice, it says, 10:19:22 16 "Copyright, 2006, by David Lattin." 10:19:24 17 see that? 10:19:27 18 A. Yes, I do. 10:19:27 19 Q. Do you understand you own the 10:19:29 20 Do you copyrights of this book? 10:19:31 21 A. I do. 10:19:32 22 Q. Do you understand what that means? 10:19:33 23 24 25 What's your understanding of copyright rights? A. That no one else can -MR. CLOBES: Objection, form. 10:19:35 10:19:37 You 10:19:37 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 49 1 A. No. Well, yes and no. On my -- on my 10:22:26 2 website it's listed -- you have seen it, okay, 10:22:36 3 I guess. 10:22:41 But anyway -- 4 Q. We'll get to that. 10:22:42 5 A. So somebody -- and on my business 10:22:43 6 card, you know, you could -- you could contact 10:22:45 7 me and you could purchase the book. 10:22:46 8 I sold any lately? 9 10 Q. And have No. 10:22:48 So -- but do you make money off of the 10:22:51 book by selling the books yourself? 10:22:53 11 A. I could. 10:22:55 12 Q. Have you? 10:22:57 13 A. Yes. 10:22:58 14 Q. Any idea how many books you've sold? 10:23:03 15 A. Probably in the neighborhood around 10:23:07 16 five, maybe 600. 10:23:11 17 Q. Since 2006? 10:23:14 18 A. Correct. 10:23:15 19 Q. And how much do you charge for the 10:23:17 20 book usually? 10:23:25 21 A. $20, sometimes 10. 22 Q. And do you have to pay White Stone for 10:23:36 10:23:26 23 publication of the book for copies of the 10:23:38 24 book? 10:23:40 25 A. No, no. 10:23:40 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 59 1 the pages of the book now because we're into 10:33:34 2 the text. 10:33:36 3 A. It's better. 10:33:37 4 Q. Yes, if you could turn to page 76. 10:33:38 5 6 7 (Off-the-record discussion). BY MR. BOYLE: Q. All right. 10:34:01 10:34:01 So on page 76, first full 10:34:06 8 paragraph reads, "Attending Texas Western 10:34:12 9 though was for me, for all the team, about 10:34:16 10 more than playing basketball. 10:34:18 11 get an education." We intended to 10:34:21 12 Is that true? 10:34:22 13 A. Yes. 10:34:23 14 Q. So it was important for you to get an 10:34:23 15 education, correct? 10:34:25 16 A. Correct. 17 Q. And you believe it was important or at 10:34:27 10:34:26 18 least your teammates felt it was important to 10:34:29 19 get an education, right? 10:34:31 20 A. 21 22 23 24 25 Correct. MR. CLOBES: 10:34:32 Objection, form. BY MR. BOYLE: Q. Did you feel like you got a good education at Texas Western? A. Yes. 10:34:32 10:34:32 10:34:35 10:34:37 10:34:41 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 74 1 2 MR. CLOBES: for now? MR. BOYLE: now. 7 8 Done with the book for 10:50:03 It was a good read, I enjoyed it. 5 6 THE WITNESS: Thank you. BY MR. BOYLE: Q. 10:49:06 10:50:02 3 4 Done with the book 10:50:05 10:50:08 10:50:20 When you were in college, were your games on television? 10:50:23 10:50:25 9 A. Some of them. 10 Q. Do you remember how often you appeared 10:50:31 11 on TV in a given season approximately? 10:50:28 10:50:33 12 A. No. 13 Q. Was it national television or local? 10:50:41 14 A. Local, El Paso. 10:50:45 15 Q. I believe I read somewhere where you 10:50:50 The -- no, I do not. 10:50:38 16 wanted to be close enough where your family 10:50:52 17 could come see you play; is that right? 10:50:54 18 A. I wanted to be. 10:50:57 19 Q. El Paso was kind of far, right? 10:50:59 20 A. It's very far. 10:51:01 21 Q. Was -- were the Texas Western games 10:51:03 22 televised in Houston? 10:51:06 23 A. Just the final game as far as I know. 10:51:08 24 Q. Did your family -- 10:51:08 25 A. The game against Kentucky as far as I 10:51:12 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 75 1 know. 10:51:13 2 Q. Did your family watch that game on TV? 10:51:13 3 A. Yes. 10:51:15 4 Q. They saw you play? 10:51:17 5 A. Yes. 10:51:18 6 Q. How did that make you feel? 10:51:19 7 A. Great, family watch you play, you win, 10:51:21 8 what more? 10:51:25 9 Q. 10:51:25 10 They call you up, they said they saw you on television? 10:51:28 11 A. Oh, absolutely. 10:51:29 12 Q. Was that a big deal? 10:51:30 13 A. Always a big deal, family, absolutely. 10:51:32 14 Q. When you were playing, you knew you 10:51:36 15 weren't going to get paid to appear on 10:51:40 16 television, right? 10:51:43 17 A. Correct. 18 Q. You never objected to being televised, 10:51:44 19 right? 10:51:47 20 A. No. 21 Q. Okay. 22 televised? 10:51:51 23 A. Yes. 10:51:51 24 Q. Did you ever voice any objection to 10:51:53 25 10:51:43 10:51:47 You knew you were being Coach Haskins that you thought you should get 10:51:48 10:51:58 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 93 1 A. No. 11:24:39 2 Q. Were you okay with whatever station 11:24:39 3 rebroadcast the game showing that game? 11:24:42 4 A. Yes. 11:24:45 5 Q. Did you like the fact that the game 11:24:53 6 was still being aired? 11:24:55 7 A. No comment, I -- 11:24:59 8 Q. This isn't a press interview, 11:25:02 9 Mr. Lattin? 11:25:05 10 A. 11:25:06 11 12 I mean, I don't -- I mean I had no control over it, right, so -Q. 11:25:09 But how did you feel about the game 13 being shown after you left school? 14 think that was a good thing? Did you 11:25:12 11:25:14 11:25:16 15 A. Yes. 11:25:21 16 Q. And that was a pretty socially 11:25:23 17 significant game, right? 18 MR. CLOBES: 19 THE WITNESS: 20 21 11:25:24 Objection, form. Yes. BY MR. BOYLE: Q. 11:25:27 11:25:28 11:25:28 And do you think that because of the 11:25:29 22 social significance the game ought to be 11:25:33 23 reshown? 11:25:35 24 MR. CLOBES: 25 THE WITNESS: Objection, form. Perhaps. 11:25:37 11:25:44 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 128 1 2 Q. This is a contract between you and Panini America, Inc., correct? 01:14:30 01:14:34 3 A. Correct. 01:14:36 4 Q. And in this contract you granted a 01:14:36 5 release to allow Panini to use your name, 01:14:40 6 likeness and image in connection with trading 01:14:44 7 cards of you in your Texas Western uniform, 01:14:47 8 correct? 01:14:50 9 A. Correct. 01:14:50 10 Q. If you look at the bottom, there's a 01:14:51 11 signature above the printed name David Lattin. 01:14:57 12 Do you see that? 01:15:01 13 A. Yes. 01:15:01 14 Q. Is that your signature? 01:15:06 15 A. Yes. 01:15:06 16 Q. You did sign this contract, correct? 01:15:07 17 A. Yes. 01:15:09 18 Q. This contract indicates that you were 01:15:16 19 to receive $7,000; is that right? 01:15:18 20 A. Right. 01:15:21 21 Q. Did you receive $7,000 from Panini? 01:15:22 22 A. Yes. 01:15:27 23 Q. Did you autograph the 1,000 trading 01:15:32 24 25 cards as indicated in this contract? A. Yes. 01:15:35 01:15:38 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 144 1 A. No. 01:34:35 2 Q. Did they ever present to you any 01:34:37 3 opportunities for selling the rights to your 01:34:39 4 name or likeness? 01:34:41 5 A. No. 6 Q. Did you ever have any discussions with 01:34:43 01:34:42 7 anyone from the association about the 01:34:46 8 possibility of selling your name or likeness? 01:34:48 9 A. No. 01:34:50 10 Q. Do you ever give speeches for 01:34:50 11 compensation? 12 give a speech and pay you for it? Did anyone ever hire you to 01:35:36 01:35:40 13 A. Yes. 01:35:42 14 Q. Are you actively engaged in giving 01:35:45 15 motivational speeches now? 01:35:47 16 A. Yes. 01:35:50 17 Q. How many times a year would you say 01:35:52 18 19 20 you give motivational speeches? A. 01:35:54 One, maybe two, it just depends, maybe 01:35:58 not any for the whole year. I mean -- 01:36:07 21 Q. Have you given any in 2011? 01:36:12 22 A. No. 01:36:15 23 Q. How about 2010? 01:36:16 24 A. Yes. 01:36:17 25 Q. How many did you give in 2010? 01:36:19 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 171 1 A. ESPN. 2 Q. All right. 02:09:02 So nobody has prevented 02:09:05 3 you since you left college from trying to sell 02:09:07 4 the rights to your name and likeness, correct? 02:09:11 5 A. No. 02:09:14 6 Q. The NCAA has never prevented you from 02:09:17 7 selling the rights to your name or likeness, 02:09:25 8 right? 02:09:29 9 A. Not that I recall. 10 Q. What about CLC? 02:09:29 Has CLC done anything 02:09:31 11 to prevent you from selling the rights to your 02:09:34 12 name and likeness? 02:09:36 13 A. Not that I recall. 14 Q. Let me ask you this: 15 02:09:37 Do you know who CLC is? 02:09:38 02:09:41 16 A. I said not that I recall. 17 Q. Separate question, do you know who CLC 02:09:42 18 is? 02:09:41 02:09:45 19 A. No, who are you talking about? 02:09:45 20 Q. The Collegiate Licensing Company? 02:09:47 21 A. No. 02:09:48 22 Q. Did you ever hear of them? 02:09:49 23 A. No. 02:09:50 24 Q. Do you know anything about them? 02:09:50 25 A. No, I don't know anything about them. 02:09:52 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 173 1 each other. 2 02:10:50 MR. CLOBES: It's getting a little 02:10:50 3 late, okay. 02:10:50 4 BY MR. BOYLE: 02:10:50 5 6 Q. Has the NCAA done anything to prevent you from selling the rights to your image? 7 A. No. 8 Q. How about CLC? 9 02:10:51 02:10:52 02:10:57 Are you aware of any 02:10:59 instance where CLC has done anything to 02:11:01 10 prevent you from selling the rights to your 02:11:05 11 image? 02:11:10 12 A. No, not aware. 02:11:10 13 Q. Did you ever have any plans to try to 02:11:13 14 sell rights to your name, your likeness or 02:11:15 15 your image and you've changed those plans 02:11:18 16 because of any actions taken by any of the 02:11:20 17 defendants? 02:11:26 18 A. No. 19 Q. Sure. 20 again? Question again? 02:11:26 Could you read the question 02:11:28 02:11:41 21 (The record was read). 02:11:41 22 THE WITNESS: 02:11:42 23 MR. BOYLE: 24 25 No. Could we go off the record real quick? THE VIDEOGRAPHER: 02:11:43 02:11:44 The time is 02:11:46 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 247 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. David Lattin 09-CV-1967-CW November 10, 2011 Page 248 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 12th 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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