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 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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]