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 S In Re NCAA Student-Athlete, et al. 09-cv-1967-CW Eric Riley November 11, 2011 1 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 2 OAKLAND DIVISION 3 4 in re NCAA Student-Athlete Name and 5 Likeness Licensing Litigation Case No. 09-cv-1967-CW 6 7 8 * MAY CONTAIN CONFIDENTIAL INFORMATION * 9 - - - 10 11 VIDEOTAPED DEPOSITION OF ERIC RILEY 12 NOVEMBER 11, 2011 9:00 A.M. 13 14 15 KILPATRICK TOWNSEND & STOCKTON LLP 1100 PEACTHREE STREET, SUITE 2800 16 ATLANTA, GEORGIA 17 18 19 20 REPORTED BY: STEVEN S. HUSEBY, RPR 21 22 23 24 25 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. 09-cv-1967-CW Eric Riley November 11, 2011 6 1 of publicity plaintiffs. 2 3 MR. KING: 09:09:50 John King, Hausfeld, LLP, for the antitrust plaintiffs. 4 MR. BOARDMAN: Thomas Boardman, 09:09:52 09:09:53 09:09:56 5 Pearson, Simon, Warshaw & Penny, for the 09:09:57 6 antitrust plaintiffs. 09:10:00 7 ERIC RILEY, 8 being first duly sworn, was examined and 9 testified as follows: 10 11 12 13 EXAMINATION BY MR. WIERENGA: Q. Good morning, sir. Could you please state your full name for the record. 09:10:17 09:10:18 14 A. Eric Riley. 09:10:21 15 Q. Okay. 09:10:22 16 A. Oh, yes. 17 Q. Have you ever been deposed before, 18 Mr. Riley? 09:10:29 19 A. 09:10:30 20 21 22 Do you have a middle name? Eric Kendall Riley. Yes, but it wasn't this many lawyers. It was just one. Q. On how many occasions have you been deposed? 09:10:24 09:10:27 09:10:34 09:10:37 09:10:40 23 A. Once. 09:10:41 24 Q. And how long ago was that? 09:10:41 25 A. About four years ago. 09:10:43 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. 09-cv-1967-CW Eric Riley November 11, 2011 18 1 A. One year. 09:20:34 2 Q. And before we get too far, with 09:20:37 3 Boston, Dallas and Minnesota, the three NBA 09:20:40 4 teams you told me about, did you sign 09:20:42 5 year-long contracts? 09:20:44 6 A. Yes. 09:20:45 7 Q. Were you on those teams for a full 09:20:45 8 season? 09:20:48 9 A. Yes. 10 Q. Okay. 11 09:20:49 Before Minnesota, who did you play for? 09:20:50 09:20:54 12 A. Clippers. 09:20:55 13 Q. Los Angeles? 09:20:58 14 A. Yes. 09:20:59 15 Q. And how long did you play for the 09:21:01 16 Clippers? 09:21:02 17 A. One year, or half a year. 09:21:04 18 Q. What kind of a contract did you have 09:21:07 19 with the Clippers? 20 expert here -- Well, I -- and I'm no 09:21:09 09:21:09 21 A. You mean how much or what -- 09:21:14 22 Q. No, was it like 30 days or six months 09:21:15 23 24 25 or one year, do you know the term? A. Well, it was minimum guaranteed for that one year. So it was minimum. 09:21:18 09:21:20 09:21:22 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. 09-cv-1967-CW Eric Riley November 11, 2011 20 1 2 3 4 Michigan? A. 09:22:13 No, Dallas drafted me and they traded me on draft day to Houston. Q. So Dallas drafted you but in that 09:22:13 09:22:16 09:22:20 5 first -- Dallas drafted you right out of 09:22:24 6 Michigan, but they traded you immediately so 09:22:27 7 you never played for Dallas that -- in your 09:22:30 8 first two years, right? 09:22:33 9 A. Yep, yes. 09:22:34 10 Q. And then while you were at Michigan 09:22:46 11 you lived in Ann Arbor, correct? 09:22:49 12 A. Yes. 09:22:52 13 Q. And you were there from '88 through 09:22:53 14 '93; is that right? 09:22:56 15 A. Yes. 09:22:58 16 Q. Did you live in West Quad? 09:22:59 17 A. I think I did one year, yes. 09:23:02 18 Q. Me too. 09:23:05 19 A. Oh, you -- 09:23:06 20 Q. In fact, I think we were there the 09:23:07 21 same year. 22 A. 23 24 25 I was there in '88 too. Okay. Yeah. I say one year, my freshman year. Q. And before going to Michigan, you lived in Cleveland; is that right? 09:23:09 09:23:11 09:23:13 09:23:15 09:23:18 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. 09-cv-1967-CW Eric Riley November 11, 2011 21 1 A. Yes. 09:23:19 2 Q. And you were born and raised in 09:23:20 3 Cleveland? 09:23:22 4 A. Yes. 09:23:22 5 Q. Outside of the six months that you 09:23:27 6 played for the Clippers, have you ever lived 09:23:30 7 in California? 09:23:32 8 A. No. 09:23:33 9 Q. Have you ever had a California 09:23:39 10 driver's license? 09:23:41 11 A. Yes. 09:23:42 12 Q. When did you have a California 09:23:43 13 driver's license? 09:23:45 14 A. During that time, I think, I got one. 09:23:47 15 Q. Do you have a California driver's 09:23:50 16 license today? 09:23:53 17 A. No. 09:23:53 18 Q. Do you have an Ohio driver's license 09:23:54 19 today? 20 A. No, Texas. 09:23:56 21 Q. Texas. 09:23:56 22 23 24 25 09:23:55 How long have you had a Texas driver's license? A. Since -- I don't know, I don't remember exactly. Q. Several years? 09:24:00 09:24:01 09:24:06 09:24:07 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. 09-cv-1967-CW Eric Riley November 11, 2011 33 1 2 Q. you primarily? 3 4 A. Q. I forgot his name right now. I can't A. 09:36:25 09:36:31 And so why did you choose Michigan over the other schools in your final list? 7 09:36:21 09:36:24 think of his name right now. 5 6 So who was responsible for recruiting Just mainly because I liked the 09:36:33 09:36:35 09:36:38 8 academics and then I felt comfortable around 09:36:41 9 the staff, so, yeah. 09:36:46 10 Q. Were the academics of these schools 09:36:49 11 important to you in deciding which one to go 09:36:52 12 to? 09:36:54 13 A. Yes. 09:36:54 14 Q. Was getting a degree important to you 09:36:55 15 while you were in school? 09:36:57 16 A. Yes. 17 Q. You got a degree from Michigan, right? 09:36:58 18 A. Yes. 09:37:00 19 Q. And you got that in the five years 09:37:01 20 09:36:58 that you were there? 09:37:03 21 A. Yes. 09:37:04 22 Q. Tell me what you can remember about 09:37:17 23 what the Michigan coaches said about why you 09:37:20 24 should come play for Michigan? 09:37:23 25 MR. BOARDMAN: Objection, form. 09:37:24 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. 09-cv-1967-CW Eric Riley November 11, 2011 35 1 school? 09:38:44 2 A. No. 3 Q. Yes. 09:38:49 4 A. No, to this day I don't know how much 09:38:49 5 6 You mean a dollar amount? everything cost. Q. 09:38:45 09:38:51 Did they ever say things like if you 09:38:52 7 come here you won't have to worry about 09:38:53 8 tuition or room and board, we'll take care of 09:38:55 9 all that, anything like that? 09:38:59 10 I think that was -- that was -- I 09:39:00 11 think I understood that, I didn't think my 09:39:04 12 parents would have to pay anything. 09:39:07 13 A. Q. If -- and this didn't happen but let 09:39:08 14 me ask you a hypothetical. 15 coaches had said we'd love to have you come, 09:39:14 16 there's a place for you on our team but we can 09:39:17 17 only offer you a half scholarship, do you 09:39:20 18 think you still would have gone to Michigan? 09:39:24 19 A. If the Michigan If the other schools were just 09:39:12 09:39:26 20 offering half scholarships also maybe, but if 09:39:29 21 they were offering full scholarship and they 09:39:32 22 offered half, I probably would go somewhere 09:39:36 23 else. 09:39:38 24 25 Q. While you were at Michigan, did you ever have any issues with NCAA eligibility? 09:39:39 09:39:43 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. 09-cv-1967-CW Eric Riley November 11, 2011 55 1 2 3 A. Because I felt that exposure and just more chance to be seen. Q. 09:58:00 09:58:06 Was that important to you while you -- 09:58:12 4 while you were at Michigan, the exposure and 09:58:14 5 the chance to be seen? 09:58:17 6 7 A. Yes, yes, once we won it and I saw the 09:58:18 difference, yes. 09:58:21 8 Q. What was the difference that you saw? 09:58:22 9 A. Media attention as far as our games, 09:58:27 10 they were pretty much all picked up by ABC, 09:58:29 11 and were pretty much all picked up. 09:58:34 12 Q. 13 at school? 14 A. And did you like that while you were I wouldn't say I liked it. 09:58:37 09:58:38 I just 09:58:39 15 felt it was more of an opportunity to make it 09:58:43 16 to the NBA if I get more exposure, so yes. 09:58:46 17 Q. So you felt the more that your games 09:58:50 18 were televised the greater the chance that you 09:58:51 19 would come to the attention of the NBA scouts. 09:58:54 20 Is that fair to say? 09:58:56 21 A. Yes. 09:58:58 22 Q. You didn't object to your games being 09:58:58 23 televised while you were in school, right? 09:59:00 24 A. No. 09:59:02 25 Q. At the time did you think that 09:59:02 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. 09-cv-1967-CW Eric Riley November 11, 2011 57 1 Q. 2 right? 3 A. Exactly. 10:00:22 4 Q. During your fourth year or the first 10:00:22 Because the team wasn't as good, 10:00:20 10:00:21 5 of the Fab Five years, do you remember how 10:00:26 6 many of your regular season games were on TV? 10:00:28 7 A. I think all of them. 10:00:31 8 Q. Is that true for your last year as 10:00:33 9 well? 10:00:38 10 A. Yes. 10:00:38 11 Q. And while you were playing all these 10:00:43 12 games, you knew at the time that they were -- 10:00:47 13 that there were television cameras in the 10:00:50 14 auditorium or the stadium, right? 10:00:53 15 A. Yes. 16 Q. You took the court knowing that people 10:00:55 17 were recording what you were doing, right? 10:00:55 10:00:57 18 A. Yes. 10:00:58 19 Q. While you were playing at Michigan, 10:01:06 20 were you ever -- did you give press interviews 10:01:07 21 or participate in press conferences? 10:01:08 22 A. Yes. 10:01:12 23 Q. About how often? 10:01:13 24 A. Probably before a game and after a 10:01:14 25 game. 10:01:16 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. 09-cv-1967-CW Eric Riley November 11, 2011 58 1 Q. Every game? 10:01:16 2 A. Yes. 10:01:17 3 Q. Was that something that you were 10:01:23 4 required to do or that you chose to do? 10:01:25 5 A. Required to do it. 10:01:27 6 Q. The school asked you to make yourself 10:01:28 7 available to the press? 10:01:31 8 A. Yes. 10:01:32 9 Q. Did you ever have any objection to 10:01:33 10 making yourself available to the press? 10:01:34 11 A. Sometimes, yes. 10:01:37 12 Q. If you were -- didn't feel like 10:01:39 13 14 talking in that particular situation? A. Yeah, and just getting burned with 10:01:41 10:01:42 15 stories that they twist your words, so I just 10:01:44 16 felt like I didn't want to talk after a while. 10:01:48 17 Q. Were there any particular instances 10:01:50 18 you have in mind where you felt like the press 10:01:52 19 misrepresented what you had said? 10:01:54 20 A. Not really. I don't really remember 10:01:57 21 now, but I just remember being a little bitter 10:02:00 22 from not -- you know, not wanting to talk to 10:02:03 23 certain reporters, certain ones that I knew 10:02:07 24 would twist your words. 10:02:09 25 Q. Do you know if your picture, either 10:02:12 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. 09-cv-1967-CW Eric Riley November 11, 2011 59 1 any kind of a portrait or like just a picture 10:02:15 2 of a game that you appeared in, did it ever 10:02:18 3 appear in the press while you were at 10:02:21 4 Michigan? 10:02:23 5 A. Yes. 10:02:23 6 Q. Was that something that happened 10:02:24 7 regularly? 10:02:25 8 A. Yes. 10:02:25 9 Q. Did you have any objection to that? 10:02:26 10 A. No. 10:02:27 11 Q. Were you ever paid for that? 10:02:28 12 A. No. 10:02:34 13 Q. Did you ever ask anyone to pay you for 10:02:36 14 that? 10:02:42 15 A. During that time? 10:02:42 16 Q. Uh-huh. 10:02:43 17 A. No. 10:02:45 18 Q. While you were at Michigan, did the 10:02:45 19 athletic department have someone take like a 10:02:50 20 team photo and then maybe an individual photo 10:02:53 21 of you in your uniform? 10:02:56 22 A. Yes. 10:02:57 23 Q. Did that get printed in game manuals 10:02:58 24 and other kind of university materials like 10:03:00 25 that? 10:03:02 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. 09-cv-1967-CW Eric Riley November 11, 2011 60 1 A. Yes. 10:03:02 2 Q. Did you sign any paperwork associated 10:03:03 3 with that that you can recall? 10:03:06 4 A. I don't remember. 10:03:07 5 Q. Did you have a problem with the 10:03:07 6 7 university doing that? A. No. 10:03:10 8 9 10:03:10 MR. KING: fairly soon? Could we take a break 10 It's been about an hour. MR. WIERENGA: Sure. 10:03:14 10:03:17 And I should 10:03:19 11 have said, if you need a break, please let me 10:03:20 12 know because you're the most important person 10:03:22 13 in the room. 10:03:24 14 BY MR. WIERENGA: 10:03:29 15 Q. And do you know the game programs that 10:03:29 16 your picture appeared in, Michigan would sell 10:03:32 17 those to people in the stadium, right? 10:03:34 18 A. Yes. 10:03:38 19 Q. Did you have a problem with Michigan 10:03:40 20 selling this magazine that had your picture in 10:03:41 21 it without paying you? 10:03:44 22 A. At the time, no. 10:03:45 23 Q. Do you now? 10:03:46 24 A. They are still selling them, yes. 10:03:48 25 Q. Do you have a problem today with what 10:03:52 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. 09-cv-1967-CW Eric Riley November 11, 2011 65 1 A. Just during the season. 10:22:44 2 Q. Did you live at the -- you lived in 10:22:46 3 the dorms at Michigan for awhile, right, but 10:22:50 4 not your whole time there? 10:22:53 5 A. Just one year, just freshman year. 10:22:54 6 Q. Where did you live after freshman 10:22:56 7 year? 10:22:58 8 A. 9 Ann Arbor. 10:23:03 Q. 10:23:04 10 11 Just different apartments that were in 10:22:58 And did the school pick up your rent at those apartments? 10:23:06 12 A. No. 13 Q. They paid you -- 10:23:09 14 A. -- an allowance to get an apartment, 10:23:11 15 16 17 I mean, they paid me -- yes. 10:23:07 10:23:12 Q. Did you receive any tutoring or academic support while you were at Michigan? 10:23:17 10:23:21 18 A. Yes. 10:23:23 19 Q. How did that work? 10:23:24 20 A. If I needed a tutor, I would ask the 10:23:27 21 10:23:31 22 would set it up and that tutor would call me 10:23:35 23 and we would meet up. 10:23:38 24 611b counselor, I need a tutor for this, and they pay for it. 25 Q. And I didn't have to What was your major? 10:23:41 10:23:43 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. 09-cv-1967-CW Eric Riley November 11, 2011 66 611b 1 A. General studies. 10:23:48 2 Q. After you had -- you had played your 10:23:49 3 final season at Michigan, you exhausted your 10:23:58 4 eligibility, were you still on campus for a 10:24:02 5 few months after you finished up your studies? 10:24:04 6 A. No. 10:24:07 7 Q. You left immediately? 10:24:07 8 A. Yes. 10:24:08 9 Q. Had you already earned enough credits 10:24:08 10 to graduate? 10:24:10 11 611b A. Yes. 10:24:11 12 Q. Did you take any -- were you taking 10:24:13 13 any classes during your last semester at 10:24:15 14 Michigan? 10:24:19 15 A. No. 10:24:19 16 Q. Did -- before you were drafted by the 10:24:21 17 NBA did you participate if any pro days or 10:24:25 18 tryouts or anything like that for NBA teams? 10:24:28 19 A. Yes. 10:24:31 20 Q. Did the Michigan athletic department 10:24:34 21 staff, either the coaches or the trainers or 10:24:36 22 anyone like that help you prepare for your pro 10:24:38 23 tryouts or your pro days or whatever you might 10:24:41 24 have done for the NBA? 10:24:46 25 A. No. 10:24:47 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. 09-cv-1967-CW Eric Riley November 11, 2011 67 1 Q. Did you ask them to? 10:24:48 2 A. No. 10:24:48 3 Q. When did you -- when did you decide to 10:24:49 4 5 6 declare for the NBA draft? A. When you're a senior, I don't think it's -- you don't have an option, really. 10:24:54 10:24:57 10:25:00 7 Q. Well, you could have -- 8 A. I could have opted out of it, I guess. 10:25:06 9 Q. Did you ever consider, you know, maybe 10:25:07 10:25:03 10 going into the NBA draft before you had 10:25:10 11 completed your eligibility to play at 10:25:12 12 Michigan? 10:25:14 13 A. No. 10:25:14 14 Q. Why not? 10:25:15 15 A. Just because of the situation, I 10:25:15 16 didn't -- I was coming off the bench my junior 10:25:18 17 year, so I felt what's the point. 10:25:23 18 19 20 21 22 Q. You were concerned you wouldn't be 10:25:25 drafted or wouldn't be drafted very highly? 10:25:27 A. Exactly, so I just finished up my degree. Q. 10:25:29 10:25:32 And it was more important for to you 10:25:32 23 finish up and get your degree than maybe be 10:25:35 24 drafted? 10:25:39 25 A. Yes. 10:25:39 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. 09-cv-1967-CW Eric Riley November 11, 2011 77 1 your picture? 10:34:26 2 A. No. 10:34:27 3 Q. You don't know if you signed that 10:34:28 4 piece of paper or not? 10:34:29 5 A. I don't know. 10:34:30 6 Q. Has anyone at Michigan talked to you 10:34:31 7 since graduation and said hey, you can't do 10:34:35 8 something because you signed away your rights 10:34:39 9 to the University of Michigan? 10:34:41 10 A. No. 10:34:43 11 Q. And no one from the NCAA has 10:34:44 12 approached you at any point and said hey, you 10:34:50 13 can't do something because you signed away 10:34:52 14 your rights to the NCAA, correct? 10:34:54 15 A. That's correct. I guess if I was 10:34:56 16 selling the games, if I was trying to sell 10:35:01 17 them to a local station they would probably 10:35:03 18 stop it. 10:35:05 19 Q. What makes you say that? 10:35:05 20 A. I mean, because I don't think they 10:35:07 21 would give me the authorization to sell the 10:35:09 22 games. 10:35:12 23 Q. Have you ever approached Michigan? 24 Let's start with Michigan first. 25 ever approached Michigan and asked for Have you 10:35:13 10:35:16 10:35:18 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. 09-cv-1967-CW Eric Riley November 11, 2011 78 1 permission to sell some footage that they 10:35:21 2 owned of you playing basketball? 10:35:25 3 A. No. 10:35:26 4 Q. Have you ever approached the big ten 10:35:27 5 conference about potentially using some 10:35:28 6 footage that they have of you playing 10:35:30 7 basketball? 10:35:32 8 A. No. 10:35:33 9 Q. Have you ever approached the NCAA 10:35:34 10 about using some footage that they may have of 10:35:37 11 you playing basketball? 10:35:40 12 A. No. 13 Q. Has anyone from -- you understand that 10:35:44 10:35:44 14 CLC, who I'm pointing at Mr. Boyle because 10:35:46 15 he's their lawyer, that they are a defendant 10:35:49 16 in this lawsuit as well? 10:35:51 17 A. Yes, I understand, yeah. 10:35:52 18 Q. Has anyone from CLC ever come to you 10:35:55 19 and said hey, Mr. Riley, you can't do 10:35:58 20 something because you signed away your rights 10:36:00 21 to Michigan or the NCAA or CLC or anyone like 10:36:02 22 that? 10:36:05 23 A. No. 10:36:05 24 Q. Have you -- well, so we've talked 10:36:06 25 about Mr. Calip, Mr. Mills, Mr. King are three 10:36:26 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. 09-cv-1967-CW Eric Riley November 11, 2011 124 1 have a certain player, and maybe not give them 11:19:09 2 the money while he's in college but once he 11:19:13 3 graduates he can get the money out of his 11:19:16 4 trust, then yes. 11:19:19 5 Q. Why do you think Nike shouldn't be 11:19:20 6 allowed to give them the money while they are 11:19:21 7 in college? 11:19:23 8 9 A. Just because of the -- they are in 11:19:24 11:19:29 10 distract from them wanting to stay in school 11:19:31 11 611b school, you know, like that would probably and do their work. 11:19:34 12 You think it's important in general 11:19:36 13 that college athletes approach what they are 11:19:37 14 doing as being both students and athletes? 11:19:40 15 Q. A. Yeah, I feel a certain amount of money 11:19:43 16 up to a certain point might distract from 11:19:47 17 that, but I mean, I think four or five 11:19:50 18 thousand, ten thousand a year wouldn't 11:19:53 19 district that. But if you got two or three 11:19:55 20 hundred thousand a year that might distract 11:19:58 21 them from wanting to stay in school. 11:20:00 22 that's just my personal opinion. 23 24 25 MR. WIERENGA: And 11:20:03 Let's take a break he needs to change the tape. THE VIDEOGRAPHER: 11:20:04 11:20:06 This is the end 11:20:08 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. 09-cv-1967-CW Eric Riley November 11, 2011 139 1 came out, they just had different versions of 11:50:17 2 it. 11:50:20 3 4 5 Q. Do you think this is Upper Deck, this card? A. 11:50:22 11:50:24 No, I have no clue, I thought -- I 11:50:24 6 just assumed that, I never researched it, each 11:50:26 7 different card. 11:50:29 8 9 10 Q. Do you know when this -- when this 11:50:30 card hit the market -- you know, was 11:50:32 introduced? 11:50:33 11 A. It says 1993 on the card. 11:50:35 12 Q. Does it? 11:50:38 13 A. Yeah. 11:50:39 14 Q. Oh, yeah, you're right, it does. 11:50:40 15 16 17 Okay. A. 11:50:42 On the second one right here, I don't know what it is. 11:50:42 11:50:44 18 Q. Oh, yes, you're right. 11:50:45 19 A. I don't know. 11:50:48 20 Q. Okay. 21 So do you think this is another 11:50:48 rookie card? 11:50:51 22 A. I guess, yeah. 11:50:54 23 Q. On the second page, is that your 11:50:57 24 autograph? 11:51:02 25 A. 11:51:02 Yes, it is. 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. 09-cv-1967-CW Eric Riley November 11, 2011 140 1 Q. 2 cards? 3 A. Yes, yes. 11:51:08 4 Q. Tell me what you recall about being 11:51:11 5 6 Have you ever been paid to autograph 11:51:07 paid to autograph cards. A. 11:51:04 11:51:12 It was more of a convention, I've been 11:51:15 7 in maybe two conventions and I would sit at a 11:51:19 8 table and sign whatever is in front of me. 11:51:22 9 10 11 Q. And when -- when did you attend those conventions? A. I did one in L.A. when I was playing 11:51:26 11:51:29 11:51:30 12 for the Clippers, and I did another one in the 11:51:32 13 summertime in Houston and I think it was after 11:51:36 14 I played with the Rockets -- 11:51:41 15 16 Q. Were you paid -- I'm sorry, were you paid to attend those conventions? 11:51:47 11:51:49 17 A. Yes. 11:51:50 18 Q. By the convention organizer? 11:51:52 19 A. Yes, by the person who set it up, yes. 11:51:55 20 Q. Do you remember how much you were 21 22 23 24 25 paid? A. 11:51:58 I think it was about 2,000, around 2,000 for each one, yeah. Q. 11:51:57 And at those conventions, would you sometimes be asked to sign Michigan 11:51:58 11:52:03 11:52:04 11:52:06 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. 09-cv-1967-CW Eric Riley November 11, 2011 141 1 memorabilia? 11:52:09 2 A. Yes. 11:52:09 3 Q. Did that happen often? 11:52:10 4 A. Yes. 11:52:11 5 Q. Did it happen more often than you 11:52:13 6 would be asked to sign Clipper memorabilia or 11:52:14 7 Rockets memorabilia? 11:52:17 8 9 A. Yes, yes. Well, maybe in Houston, it 11:52:19 was more the Rockets because we did win a 11:52:29 10 championship there, but L.A. was more 11:52:31 11 Michigan. 11:52:34 12 Q. And the NCAA didn't try to interfere 11:52:36 13 with you being paid to sign Michigan 11:52:39 14 memorabilia, did it? 11:52:41 15 A. No. 11:52:43 16 (Exhibit Number 127 11:53:04 17 marked for identification). 11:53:06 18 19 BY MR. WIERENGA: Q. 11:53:06 Sir, I've handed you what what's been 20 marked as Exhibit 127. 21 resume? Is this a copy of your 11:53:22 11:53:25 11:53:25 22 A. Yes. 11:53:25 23 Q. Did you prepare this? 11:53:27 24 A. Yes, I did. 11:53:28 25 Q. Is it -- is it accurate? 11:53:28 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. 09-cv-1967-CW Eric Riley November 11, 2011 196 1 record for two minutes to make -- make sure 01:47:35 2 I'm done before I say I'm done. 01:47:37 3 4 THE VIDEOGRAPHER: 1:47 p.m. The time is We're now off the record. 5 THE VIDEOGRAPHER: 01:47:41 (Brief recess). 6 7 1:49 p.m. 8 01:47:43 The time is BY MR. WIERENGA: 9 Q. We're back on the record. Okay. 01:47:39 01:49:08 01:49:10 01:49:10 Sir, are you aware of any 01:49:13 10 instance in which you, after leaving Michigan, 01:49:15 11 have attempted to sell or license your picture 01:49:17 12 or your likeness of you playing basketball at 01:49:21 13 Michigan and the NCAA has stopped you or 01:49:24 14 attempted to stop you from doing that? 01:49:27 15 MR. BOARDMAN: 16 THE WITNESS: 17 MR. WIERENGA: 18 (Off-the-record discussion). 01:49:41 19 EXAMINATION 01:50:01 20 21 Objection to form. No. 01:49:31 Nothing further. BY MR. BOYLE: Q. 01:49:28 01:49:32 01:50:01 Good afternoon, Mr. Riley. 22 Peter Boyle. 23 My name is 01:50:01 Licensing Company, also known as CLC. I represent the Collegiate 01:50:05 01:50:08 24 A. Okay. 01:50:08 25 Q. Hopefully we can go through some 01:50:10 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. 09-cv-1967-CW Eric Riley November 11, 2011 200 1 sites particularly. 2 under the sites. 3 Okay. 01:53:27 01:53:31 Other than those articles, is 01:53:32 4 there anything else that leads you to believe 01:53:36 5 that CLC had some role in selling NCAA 01:53:38 6 broadcast rights? 01:53:41 7 Q. I haven't seen your name A. I have no -- no -- 01:53:42 8 MR. BOARDMAN: 9 THE WITNESS: 10 evidence that you guys -- 01:53:48 11 BY MR. BOYLE: 01:53:53 12 Q. Objection, form. I have no other 01:53:44 01:53:45 Can you identify any instance in which 01:53:53 13 CLC sold the rights to use your name and 01:53:56 14 likeness? 01:53:59 15 A. No. 01:53:59 16 Q. You testified before that there were 01:54:00 17 some trading cards of you in your Michigan 01:54:08 18 uniform, correct? 01:54:10 19 A. Yes. 20 Q. And you authorized Upper Deck at least 01:54:11 21 to make some of those cards, right? 01:54:11 01:54:14 22 A. Yes. 01:54:16 23 Q. And you got paid for that, right? 01:54:17 24 A. Yes. 01:54:18 25 Q. So you have in the past licensed other 01:54:19 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. 09-cv-1967-CW Eric Riley November 11, 2011 201 1 companies to use your college image for a 01:54:23 2 commercial product, right? 01:54:26 3 MR. BOARDMAN: 4 THE WITNESS: 5 6 Objection, form. Yes. BY MR. BOYLE: Q. 01:54:27 01:54:28 01:54:28 And none of the defendants here 01:54:32 7 prevented you from doing that, correct? 01:54:33 8 MR. BOARDMAN: 01:54:36 9 THE WITNESS: 10 11 12 Objection, form. No. BY MR. BOYLE: Q. CLC didn't prevent you from doing that, right? 01:54:37 01:54:37 01:54:39 01:54:41 13 A. Right. 01:54:41 14 Q. CLC didn't prevent you from receiving 01:54:42 15 compensation for licensing your rights to 01:54:44 16 Upper Deck, right? 01:54:46 17 A. No, they didn't with Upper Deck. 01:54:47 18 Q. Did CLC have any role in determining 01:54:49 19 how much you got paid for that? 01:54:52 20 A. No. 01:54:54 21 Q. Since leaving Michigan, what steps 01:55:04 22 have you taken to try to sell the rights to 01:55:09 23 your name and likeness? 01:55:12 24 25 A. If I'm hiring an agent, then the agent -- his best of his knowledge and his 01:55:19 01:55:24 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. 09-cv-1967-CW Eric Riley November 11, 2011 202 1 abilities, he pretty much made calls on my 01:55:26 2 behalf or trying to sell my likeness. 01:55:30 3 Q. Are there any instances that we 01:55:33 4 haven't discussed yet where your agent went 01:55:35 5 out and actually sold the rights to your name 01:55:38 6 and likeness and you got paid for that? 01:55:41 7 A. Other than what we discussed? 01:55:44 8 Q. Yes. 01:55:46 9 A. No. 01:55:46 10 Q. And if I remember correctly, the last 01:55:48 11 year in which you had an agent was 2002; is 01:55:52 12 that right? 01:55:55 13 A. Yes. 01:55:55 14 Q. So since 2002, have you done anything 01:55:57 15 to try to sell the rights to your name or 01:55:59 16 likeness? 01:56:02 17 18 A. I mean, other than starting my foundation. 01:56:04 01:56:07 19 Q. Okay -- 20 A. I mean, that's -- that's sort of -- my 01:56:09 01:56:07 21 name's in the -- in the title of my 01:56:13 22 foundation. 01:56:16 23 Q. Okay. Other than your foundation, 01:56:16 24 since 2002, have you done anything to try to 01:56:18 25 sell the rights to your name and likeness? 01:56:20 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. 09-cv-1967-CW Eric Riley November 11, 2011 213 1 THE VIDEOGRAPHER: The time is 02:07:39 2 2:07. 3 the end of tape number two in the deposition 02:07:55 4 of Eric Riley. 02:07:57 5 off the record. We're back on the record. And this is The time is 2:08 and we're now 02:07:53 02:08:02 6 (Brief recess). 7 THE VIDEOGRAPHER: 02:08:04 This is the 02:18:41 8 beginning of tape number three in the 02:18:48 9 deposition of Eric Riley. 02:18:50 10 p.m. The time is 2:18 We're back on the record. 02:18:54 11 (Exhibit Number 134 02:18:59 12 marked for identification). 02:19:02 13 402 14 BY MR. BOYLE: Q. 02:19:02 Mr. Riley, I've just handed you a 02:19:03 15 document that's been marked as Exhibit 134. 02:19:05 16 Could you take a look -- it's a copy of a 02:19:09 17 check made out to the High Rise Foundation and 02:19:12 18 a series of e-mails. 02:19:15 19 look at the document and let me know if you 02:19:18 20 have seen this check before in the various 02:19:20 21 e-mails? 02:19:23 Could you please take a 22 A. Well, yes, I've seen the check. 02:19:24 23 Q. All right. 02:19:27 And this check is a check 24 purportedly made out to the High Rise 02:19:29 25 Foundation in the amount of $1,000 and the 02:19:32 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. 09-cv-1967-CW Eric Riley November 11, 2011 214 402 1 check was made out by Hoops That Help; is that 02:19:34 2 correct? 02:19:38 3 A. Yes. 02:19:38 4 Q. What is Hoops That Help? 02:19:38 5 A. That's -- that's a nonprofit that 02:19:41 6 Sonny has. 02:19:47 7 Q. Sonny Vaccaro? 02:19:49 8 A. Sonny Vaccaro has and he donated -- he 02:19:53 9 10 11 donated money to my foundation. Q. And this check was made on or about July 29th, 2010? 02:19:58 02:19:59 02:20:01 12 A. Yeah. 02:20:03 13 Q. And you joined this suit, when, in 02:20:04 14 15 March of 2010? A. 02:20:08 About two years. 16 long before that. 17 this check. 18 Q. It's been -- it was It was definitely before Yeah. 02:20:12 02:20:14 02:20:17 You joined the suit before Mr. and 02:20:18 19 Mrs. Vaccaro made a donation to your 02:20:22 20 foundation, right? 02:20:24 21 A. Oh, yeah. 02:20:24 22 Q. Okay. 02:20:25 23 Did they donate to your 02:20:26 24 402 foundation because you joined this suit? MR. BOARDMAN: 02:20:28 25 THE WITNESS: Objection, form. I'm not sure the 02:20:30 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. 09-cv-1967-CW Eric Riley November 11, 2011 215 402 1 reason why they donated it. 02:20:31 2 BY MR. BOYLE: 02:20:33 3 Q. Did you ever ask them why? 4 A. No. 5 6 I mean, we had e-mails going back 02:20:35 and forth, which this is them. Q. 02:20:33 Yeah. And compared to the other donations 02:20:41 02:20:44 7 that you had received up until that time, that 02:20:47 8 was by far the most significant donation you 02:20:52 9 ever received, right? 02:20:54 10 A. Yeah, besides the commitment from 02:20:55 11 Kellogg's Foundation which I didn't get -- I 02:20:59 12 mean, I didn't receive. 02:21:01 13 Q. How much is Kellogg's giving you? 14 A. Well, they were. 15 year, $150,000 grant. 02:21:01 They committed three 02:21:03 But I didn't get it. 02:21:05 16 Q. You didn't get it? 02:21:09 17 A. No, I didn't get it. 02:21:15 18 Q. Mr. Wierenga was asking you about 02:21:17 19 collecting documents that were relevant to 02:21:20 20 this case. 02:21:22 21 A. Yeah. 02:21:23 22 Q. Did you look through e-mails -- well, 02:21:24 23 Do you remember that? strike that. 02:21:27 24 Do you have an e-mail account? 02:21:28 25 A. 02:21:29 Yeah. 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. 09-cv-1967-CW Eric Riley November 11, 2011 222 1 A. No. 02:27:21 2 Q. You mentioned that maybe somebody had 02:27:21 3 told you that you were in a college basketball 02:27:29 4 game; is that right? 02:27:31 5 A. Yes. 02:27:32 6 Q. Do you know which college basketball 02:27:33 7 game you were told you were in? 02:27:35 8 A. No. 9 Q. Well, who told you that you were in a 10 11 I don't know the names of them. college basketball game? A. 02:27:36 02:27:39 02:27:41 Well, it wasn't more of just one 02:27:43 12 person, it's was just multiple -- you know, if 02:27:46 13 I'm at a camp speaking or I'm somewhere, a kid 02:27:49 14 would say I played with you in this game. And 02:27:53 15 I would just take a mental note, okay, well -- 02:27:56 16 okay. 02:27:58 17 18 19 Q. And which game did kids tell you that they played with you in? A. 02:28:02 Never knew the name, never remembered 20 the name. 21 games with March Madness. 22 don't even know the name of the college games. 23 Q. 02:27:58 They just said the college game, I'm not sure -- I Have you ever actually seen yourself, 02:28:04 02:28:06 02:28:11 02:28:13 02:28:15 24 either yourself or an avatar of yourself in 02:28:18 25 any EA sports college game? 02:28:20 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. 09-cv-1967-CW Eric Riley November 11, 2011 223 1 MR. ARAGON: Form. 02:28:24 2 THE WITNESS: No. 02:28:24 3 4 BY MR. BHANSALI: Q. 02:28:24 So you don't actually know if you 02:28:25 5 appear in any EA college sports game? 02:28:26 6 MR. ARAGON: 02:28:30 7 THE WITNESS: 8 sure. 9 Form. I don't know for BY MR. BHANSALI: 10 No, I haven't seen it for sure. Q. 02:28:31 02:28:32 02:28:34 When was the first time that you think 02:28:35 11 you heard that somebody at a camp or anywhere 02:28:36 12 else tell you that they played you in a 02:28:42 13 college basketball game? 02:28:44 14 MR. BOARDMAN: 15 THE WITNESS: Object to form. I would say the 02:28:45 02:28:48 16 first time, I can't remember the exact dates 02:28:49 17 but it's probably about six, seven years after 02:28:52 18 college. 02:28:57 19 BY MR. BHANSALI: 02:28:57 20 Q. 21 graduated? 02:28:59 22 A. Yes. 02:28:59 23 Q. So around 1999 timeframe? 02:28:59 24 A. Yes, around there, yeah, '99, 2000. 02:29:01 25 Q. And then you recall people telling you 02:29:05 Six or seven years after you 02:28:57 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. 09-cv-1967-CW Eric Riley November 11, 2011 228 1 MR. BOARDMAN: 2 THE WITNESS: Object to form. Well, yes, if 02:33:02 02:33:03 3 it's -- it should be an option, yes. 02:33:04 4 BY MR. BHANSALI: 02:33:06 5 6 Q. Jordan's interests would be better served by doing his own deal? 7 MR. BOARDMAN: 8 THE WITNESS: 9 Object to form. 02:33:10 02:33:12 02:33:14 It probably would be 02:33:16 02:33:19 10 but I can imagine it would be more than 50,000 02:33:22 11 a year. 02:33:25 12 611b but I'm not sure, you know, what he can get, BY MR. BHANSALI: 02:33:27 13 Q. Yeah. Now, if you've never played an 02:33:28 14 EA game, you're not aware of EA ever using 02:33:35 15 your name, image or likeness in any of its 02:33:37 16 games, right? 02:33:42 17 MR. BOARDMAN: Object to form. 02:33:42 18 THE WITNESS: Well, other than 02:33:43 19 kids secondhand telling me they played me, no. 02:33:45 20 BY MR. BHANSALI: 02:33:48 21 Q. Well, do they actually mention EA 02:33:48 22 games or do they just say they played you in 02:33:50 23 some -- some game? 02:33:52 24 MR. BOARDMAN: 25 THE WITNESS: Object to form. Probably not EA but 02:33:53 02:33:54 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. 09-cv-1967-CW Eric Riley November 11, 2011 241 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. 24 contractor for Huseby, Inc. I am here as an independent 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. 09-cv-1967-CW Eric Riley November 11, 2011 242 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 16th day of November, 2011. 16 17 ______________________________ 18 STEVE S. HUSEBY, CCR-B-1372 19 My Commission Expires January 20th, 2015. 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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