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).

Download PDF
EXHIBIT Q In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 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 DAMIEN RHODES NOVEMBER 15, 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 www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 2011 Page 6 1 P R O C E E D I N G S 2 09:06:21 3 THE VIDEOGRAPHER: This is the 09:06:21 4 beginning of tape number one in the deposition 09:06:28 5 of Damien Rhodes in the matter of in re NCAA 09:06:30 6 Student-Athlete Name and Likeness Licensing 09:06:35 7 Litigation, Case Number 09-cv-1967-CW. 09:06:38 8 Today's date is November 15, 2011. 09:06:45 9 on the monitor is 9:06 a.m. 10 My name is John Kreimer. 11 videographer. 12 Huseby. 13 The time 09:06:48 I'm the 09:06:53 The court reporter is Steve We're with Huseby Court Reporting. 09:06:55 09:06:57 Counsel, please introduce yourselves, after 09:07:00 14 which the court reporter will swear in the 09:07:00 15 witness. 09:07:02 16 MR. CURTNER: Good morning. I'm 09:07:02 17 Greg Curtner with Miller, Canfield, Paddock 09:07:03 18 and Stone. 09:07:06 19 Collegiate Athletic Association, and I'll be 09:07:07 20 taking the lead on the deposition this 09:07:10 21 morning. 09:07:12 I represent the National 22 MR. BRAUNIG: 23 Keker & Van Nest on behalf of Defendant 09:07:14 24 Electronic Arts. 09:07:18 25 MR. HENN: Warren Braunig from I'm Charlie Henn with 09:07:13 09:07:18 REPORTED BY: Steven S. Huseby, RPR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 2011 Page 11 1 A. Paul. 09:11:39 2 Q. Paul what? 09:11:40 3 A. Janette. 09:11:42 4 Q. And how do you spell that? 09:11:45 5 A. I can't do it accurately. 09:11:46 6 Q. Okay. 09:11:52 7 years. 8 A. Played football. 09:11:59 9 Q. And if I understand correctly, you 09:12:02 And so that takes us back four What did you do prior to that? 09:11:56 10 played for the Berlin Thunder in the year 09:12:05 11 2007. 09:12:09 12 A. Yes. 09:12:11 13 Q. What is the -- what league does the 09:12:13 14 Berlin Thunder play in? 09:12:17 15 A. The NFL Europe. 09:12:18 16 Q. And is NFL Europe affiliated with the 09:12:25 National Football League in the United States? 09:12:28 17 18 A. Yes. 09:12:31 19 Q. And how many teams are in NFL Europe? 09:12:33 20 A. Six. 09:12:38 21 Q. Do you know what cities they're in? 09:12:45 22 A. Are you asking in the United States or 09:12:50 23 in Europe? 24 Q. 25 No, in Europe. 09:12:54 Well, I assume NFL Europe is in Europe, but maybe I'm wrong. 09:12:55 09:12:59 REPORTED BY: Steven S. Huseby, RPR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 2011 Page 24 1 2 Q. The -- you said the same brace. Did you wear an ankle brace? 09:31:58 09:32:03 3 A. Yes. 09:32:07 4 Q. And you -- can you see that in this 09:32:09 5 picture? 09:32:11 6 A. Yes, I can. 7 Q. So you can tell that there's something 09:32:13 8 09:32:12 under your black sock that is an ankle brace? 09:32:16 9 A. That's not a sock, that's the brace. 09:32:20 10 Q. Oh, I see. 09:32:22 11 Okay. And did you always wear that black pull-up ankle brace? 09:32:28 12 A. Yes. 09:32:34 13 Q. You played at Syracuse in 2002, 2003, 09:32:42 14 2004 and 2005, is that right? 09:32:51 15 A. Yes. 09:32:55 16 Q. Did you actually play all four years? 09:32:59 17 A. Yes. 09:33:05 18 Q. You played in more than one game each 09:33:10 19 of your four years, correct? 09:33:12 20 A. Yes. 09:33:15 21 Q. And did you wear that ankle brace all 09:33:16 22 four years? 09:33:18 23 A. No. 09:33:21 24 Q. When did you start with the brace? 09:33:22 25 A. After an ankle injury. 09:33:31 REPORTED BY: Steven S. Huseby, RPR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 2011 Page 30 1 2 Q. Were you unhappy with the coaching change at the time? 09:40:28 09:40:30 3 A. I had my feelings. 09:40:42 4 Q. And what were they? 09:40:44 5 A. Personal feelings. 09:40:45 6 Q. Did you consider transferring at that 09:40:57 7 time? 09:41:09 8 A. Transferring from Syracuse? 09:41:09 9 Q. Yes, sir, to a different school. 09:41:11 10 A. No. 09:41:14 11 Q. Did you consider trying to declare for 09:41:15 12 the NFL draft and leaving school early? 09:41:18 13 A. No. 09:41:25 14 Q. Why not? 09:41:26 15 A. Just wanted to play one more year. 09:41:32 16 Q. Did you complete your degree while you 09:41:41 17 were at Syracuse? 09:41:43 18 A. Yes. 09:41:45 19 Q. And what is your degree in? 09:41:47 20 A. Child and family studies. 09:41:51 21 Q. Did you graduate in December of 2005 09:41:56 22 or in the spring of 2006? 09:42:00 23 A. Spring '06. 09:42:04 24 Q. Have you had any formal education 09:42:09 25 since leaving Syracuse? 09:42:15 REPORTED BY: Steven S. Huseby, RPR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 2011 Page 31 1 A. No. 2 Q. Did you get a full scholarship each of 09:42:23 09:42:22 3 the years that you were at Syracuse, '02/'03 09:42:27 4 through '05/'06? 09:42:34 5 A. For each season -- 09:42:36 6 Q. Yes. 09:42:37 7 A. -- each school year, rather? 09:42:38 8 Q. Yes, sir. 09:42:39 9 A. Yes. 09:42:40 10 Q. And what is your understanding of what 09:42:41 11 was included in a full scholarship? 09:42:43 12 A. Free education, football. 09:42:47 13 Q. But it covered tuition, room and 09:42:59 14 board, books and miscellaneous expenses? 09:43:01 15 A. Free education and football. 09:43:03 16 Q. Did you get a good education? 09:43:09 17 A. I think I'm pretty smart from 09:43:12 18 Syracuse. 09:43:18 19 Q. 09:43:20 And so would it be accurate that you 20 think that Syracuse held up their end of the 09:43:24 21 bargain? 09:43:27 22 A. Yes. 09:43:27 23 Q. Were there kids that you went to high 09:43:31 24 school with who weren't maybe quite as 09:43:32 25 talented as you are in terms of academics or 09:43:35 REPORTED BY: Steven S. Huseby, RPR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 2011 Page 33 1 2 3 4 THE WITNESS: Went to school. BY MR. CURTNER: Q. 09:44:37 09:44:37 When you left Syracuse, did you have any educational debt? 09:44:41 09:44:43 5 A. Free education. 09:44:49 6 Q. Yeah. 09:44:50 7 Did you -- had you had to borrow any money to go to college? 8 A. No. 9 Q. Okay, back to this photograph. 09:44:54 09:44:57 A copy 09:45:00 10 of this was in your possession and -- when you 09:45:08 11 went searching for documents, is that right? 09:45:11 12 A. I believe so. 13 Q. And do you know what this stamp on the 09:45:22 14 back means? It says, return to Syracuse 09:45:28 15 University, photo by Mike Okoniewski, SU 09:45:32 16 Athletic Commission or Committee, and it says 09:45:37 17 the date and the subject and your name. 09:45:43 18 Do you know who Mike Okoniewski is? 09:45:48 19 A. I don't recall. 09:46:00 20 Q. Was there an official photographer at 09:46:03 21 Syracuse when you played football there? 09:45:21 09:46:08 22 A. You see a lot of cameras. 09:46:12 23 Q. Was there somebody that was around at 09:46:21 24 practice time and media time before game, 09:46:23 25 after game, locker rooms, during the game? 09:46:26 REPORTED BY: Steven S. Huseby, RPR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 2011 Page 44 1 Q. Mr. Rhodes, before we took a break I 10:15:17 2 asked you whether you got tutoring and 10:15:20 3 academic counseling while you were a student 10:15:23 4 athlete at Syracuse, and I'm not sure that you 10:15:26 5 answered -- or that we got an answer to that, 10:15:29 6 but you did, is that right? 10:15:31 7 A. Yes, I received tutoring. 10:15:33 8 Q. And was that helpful to you as a 10:15:37 9 student? 10:15:39 10 A. Yes, it was. 10:15:40 11 Q. What was your grade point when you 10:15:42 12 graduated? 10:15:45 13 A. I honestly can't recall. 10:15:47 14 Q. Was it pretty good? 10:15:50 15 A. I was pleased with it. 16 Q. Back to this photograph, Exhibit 146, I didn't fail. 10:15:52 10:15:59 17 without regard to who took it, you understood 10:16:04 18 that there were people taking photographs, 10:16:06 19 some of whom were professional photographers, 10:16:09 20 some of whom may have worked for Syracuse, 10:16:12 21 some of whom worked for the press, and some of 10:16:15 22 whom might have just been fans in the stands, 10:16:17 23 right? 10:16:20 24 MR. BOARDMAN: 25 THE WITNESS: Objection to form. Yes. 10:16:20 10:16:22 REPORTED BY: Steven S. Huseby, RPR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 2011 Page 171 1 2 playing at the time. Q. All right. 02:04:47 And you're aware that 02:04:48 3 under the rules they couldn't put the player's 02:04:50 4 name on a jersey for sale while they were an 02:04:53 5 active player? 02:04:57 6 A. Yes. 02:04:58 7 Q. And it's also true, is it not, that 02:05:00 8 after you graduated there was no restriction 02:05:03 9 against them selling this same jersey with 02:05:05 your name on it? 02:05:08 10 11 A. Sure. 02:05:14 12 Q. And it's also true, is it not, that 02:05:15 13 after you completed your eligibility in 02:05:18 14 football, you could have gone out and made a 02:05:23 15 deal with Nike to sell this jersey and with 02:05:26 16 Syracuse to sell this jersey with your name on 02:05:29 17 it, you could have had a three-way license and 02:05:32 18 you could have gotten some revenue from that? 02:05:36 19 MR. BOARDMAN: 20 THE WITNESS: Object to form. 02:05:38 I wouldn't even know 02:05:40 21 where to begin to go about that. 02:05:42 22 BY MR. CURTNER: 02:05:42 23 Q. That's why people get agents, right? 02:05:44 24 A. Agents, attorneys. 02:05:46 25 Q. But there was nothing in the NCAA 02:05:52 REPORTED BY: Steven S. Huseby, RPR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 2011 Page 295 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 www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Damien Rhodes 09-cv-1967-CW November 15, 2011 Page 296 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 21st 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 www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?