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 Y

In Re NCAA Student-Athlete Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 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
ROBERT TALLENT
DECEMBER 1, 2011
9:00 A.M.

KILPATRICK TOWNSEND & STOCKTON, LLP
1100 PEACHTREE 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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 6

1

MR. SLAUGHTER:

2

Keker & Van Nest, on behalf of Electronic

09:15:38

3

Arts.

09:15:40

4

MR. BOARDMAN:

James Slaughter,

Thomas Boardman,

09:15:37

09:15:40

5

Pearson, Simon, Warshaw & Penny, on behalf of

09:15:41

6

the antitrust Plaintiffs.

09:15:44

7
8

MR. CLOBES:

Cafferty Faucher, on behalf of the Plaintiffs.

9
10

Bryan Clobes,

MR. BOARDMAN:

Anyone on the

phone?

11

09:15:46
09:15:47
09:15:50
09:15:51

MR. ARAGON:

Yes.

Leonard Aragon, 09:15:51

12

Hagens, Berman Sobol, Shapiro, Right of

09:15:53

13

Publicity Plaintiffs.

09:15:55

14

ROBERT TALLENT,

09:15:55

15

being first duly sworn, was examined and

09:15:55

16

testified as follows:

09:15:55

17
18
19

EXAMINATION

09:16:07

BY MR. CURTNER:
Q.

Good morning, sir.

09:16:07
I'm Greg Curtner.

09:16:08

20

Would you state your full name for the record,

09:16:11

21

please.

09:16:14

22

A.

Robert Jones Tallent.

09:16:14

23

Q.

Where do you live, sir?

09:16:17

24

A.

I live in Arlington, Virginia.

09:16:18

25

Q.

You're a resident of Virginia?

09:16:22

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 8

1

A.

No.

09:17:34

2

Q.

I noted in something that you spent

09:17:34

3

time in Florida.

4

Florida or have you ever been?

Are you a resident of

09:17:39
09:17:41

5

A.

No.

09:17:44

6

Q.

Do you own some property in Florida?

09:17:45

7

A.

I do own two lots in Lehigh Acres,

09:17:48

8
9
10
11

Florida that were given to me from my dad.
Q.

And do you spend some wintertime in

Florida?
A.

Do you play golf there?

09:17:55
09:17:58
09:18:00

I visit my brother in Orlando once a

09:18:02

12

year in February for about five days.

13

about it.

09:18:14

14

Q.

Not long enough to call it home, huh?

09:18:15

15

A.

No.

09:18:18

16

Q.

So let me see if I can sort of get the 09:18:20

That's

I wish.

09:18:09

17

overview of your career and then we can go

09:18:23

18

back and try to fill in some details.

09:18:27

19
20

You grew up in Kentucky and played high
school basketball in Kentucky, correct?

09:18:30
09:18:33

21

A.

Yes.

09:18:35

22

Q.

What high school?

09:18:36

23

A.

Maytown High School.

09:18:36

24

Q.

And that's in Maytown, Kentucky?

09:18:40

25

A.

Langley, Kentucky.

09:18:43

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 9

1

Q.

And you then enrolled at the

09:18:45

2

University of Kentucky as a student in

09:18:48

3

engineering?

09:18:52

4

A.

Yes.

09:18:52

5

Q.

And you played basketball under Adolf

09:18:54

6

Rupp for three years, is that right?

09:18:57

7

A.

That's correct.

8

Q.

Or maybe not quite all of three years. 09:19:00

9

09:18:59

And you and Coach Rupp had a difference of

09:19:03

10

opinion and he booted you off the team in your

09:19:07

11

junior year, correct?

09:19:10

12

A.

That's correct.

13

Q.

And you then finished out the semester 09:19:12

09:19:11

14

as a student even though you were no longer on

09:19:17

15

the team and then transferred to George

09:19:20

16

Washington in D.C., correct?

09:19:22

17

A.

That's correct.

09:19:24

18

Q.

And you sat out a year, and then you

09:19:26

19

played your senior year of basketball at GW,

09:19:29

20

correct?

09:19:33

21

A.

That's correct.

09:19:33

22

Q.

And you had a pretty good career

09:19:33

23

at -- one year at GW?

09:19:36

24

A.

Yeah.

09:19:39

25

Q.

And after that I know you got into

09:19:40

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 10

1

coaching, but what did you do right after

09:19:44

2

leaving GW?

09:19:47

3

A.

I was drafted by Denver in the old ABA 09:19:48

4

and San Diego in the NBA, and I chose to try

09:19:57

5

out with Denver, so I went out there in the

09:20:01

6

fall and did not make the team.

09:20:07

7

came back to D.C. and I worked as an engineer

09:20:10

8

for about six months.

09:20:17

9

the assistant freshman basketball coach,

09:20:25

10

assistant basketball coach and assistant

09:20:30

11

baseball coach at GW.

09:20:33

And then I

And then I was offered

12

Q.

Your brother had gone to GW?

09:20:36

13

A.

My brother Mike, we went at the same

09:20:40

He was a senior in high school the year

09:20:47

14

time.

15

that I left Kentucky, and he decided to go to

09:20:54

16

GW with me.

09:20:58

17

Q.

18

I see.

So when you transferred, he

thought he would go to GW as well?

09:21:01
09:21:04

19

A.

He did.

09:21:06

20

Q.

And he also played basketball?

09:21:07

21

A.

Yeah.

09:21:10

22

Q.

Did you have a third brother who also

09:21:11

23

played basketball at GW?

09:21:13

24

A.

I did.

09:21:15

25

Q.

What was his name?

09:21:16

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 11

1

A.

Pat.

09:21:17

2

Q.

And you still coach with your brother

09:21:18

3
4

Pat?
A.

09:21:23
When -- I was assistant coach when I

09:21:23

5

recruited Pat, and then while he was at the

09:21:31

6

school, I became the head coach, so I

09:21:34

7

was -- his last two years at GW I was the head

09:21:38

8

coach.

09:21:47

9

Q.

10
11

And I saw something that you and Pat

have coached an AAU women's team.
A.

We did.

I helped him.

He had a

09:21:47
09:21:49
09:21:54

12

daughter that -- who was a good basketball

09:21:57

13

player and he volunteered to coach AAU girls

09:22:00

14

basketball, and he asked me if I would help

09:22:05

15

him, and I did.

09:22:09

16
17
18

Q.

I see.

But she went through that

system and then you quit doing it?
A.

Yes.

It was only for the one spring,

09:22:10
09:22:13
09:22:14

19

or late -- late winter and spring when they

09:22:21

20

played.

09:22:24

21
22
23

Q.

And so what years were you either an

assistant and then head coach at GW?
A.

Let's see.

09:22:25
09:22:27

I started on July 1, 1970, 09:22:32

24

and I was assistant coach -- like I said, I

09:22:40

25

was assistant basketball coach, the freshmen

09:22:43

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 12

1

coach, and also assistant baseball coach, and

09:22:47

2

I held that position until 1974.

09:22:49

3

coach had moved to Richmond and so they

09:22:59

4

offered me the job in probably August of 1974,

09:23:03

5

and then I became head coach.

09:23:10

Our head

6

Q.

Until when?

09:23:11

7

A.

Until June 30, 1981.

09:23:12

8

Q.

Did you coach after that or did

09:23:17

9

you -- I know you went into the healthcare

09:23:23

10

industry.

09:23:25

11

A.

Yeah, I never coached again.

I went

09:23:27

12

to work for Blue Cross/Blue Shield of the

09:23:30

13

National Capitol area located in Washington,

09:23:34

14

D.C.

09:23:37

15
16
17

Q.

And what did you do for Blue

09:23:38

Cross/Blue Shield National Capitol area?
A.

09:23:43

I started as a manager of sales and

09:23:44

18

marketing and went on to become director of

09:23:51

19

sales and marketing.

09:23:57

20

was responsible for groups from 50 to 500.

21

tried to sell business for Blue Cross/Blue

09:24:10

22

Shield.

09:24:13

I had a sales force that
We

09:24:01

23

Q.

So it was group sales?

09:24:13

24

A.

Group sales.

09:24:14

25

Q.

For health insurance?

09:24:15

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 17

1

manager in any of your other careers?

09:29:30

2

A.

Photographs?

09:29:34

3

Q.

Uh-huh.

09:29:39

4

A.

No, sir.

09:29:40

5

Q.

Or any -- have you used any of the

09:29:41

6

contacts that you made from your college days

09:29:42

7

to assist you in making sales in your

09:29:45

8

insurance life?

09:29:50

9

A.

No.

09:29:58

10

Q.

Did your college playing experience

09:29:58

11

assist you in your later business career?

09:30:01

12

A.

I don't think I -- in my training?

09:30:03

13

Q.

No, just the contacts you made or the

09:30:20

14

skills that you learned.

15

assist you in what you did in business, in

09:30:27

16

your business life?

09:30:29

17

MR. CLOBES:

18

You can answer.

19

occasionally.

20

Anything about it

Objection to form.

you not to.

21

I'll be objecting

09:30:22

09:30:30
09:30:31

You can answer unless I tell

09:30:33
09:30:36

THE WITNESS:

That's a good

09:30:38

22

question.

23

being able to react under pressure, working

09:30:45

24

very hard at trying to reach goals.

09:30:52

25

those things helped me.

I think probably the training,

Yes,

09:30:39

09:30:57

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 18

1

BY MR. CURTNER:

09:30:57

2

Q.

Team work?

09:31:00

3

A.

Team work, absolutely.

09:31:00

4

Q.

So how did you first become acquainted 09:31:07

5

with Sonny Vaccaro?

6
7

MR. CLOBES:

Objection to form.

You can go ahead.

8
9

09:31:11
09:31:13
09:31:22

THE WITNESS:

I knew Sonny.

ran the Roundball Classic in Pittsburgh.

Sonny 09:31:22
It

09:31:24

10

was a all star game after the season, and all

09:31:30

11

college coaches, at least most of the college

09:31:36

12

coaches on the East Coast, went to that game.

09:31:40

13

He had all the best players, and, you know,

09:31:43

14

you were there recruiting.

09:31:54

15

there in Pittsburgh is the first time I ever

09:31:56

16

met him when he was running that.

09:31:59

17

called it the Roundball Classic.

09:32:02

18

BY MR. CURTNER:

09:32:02

19

Q.

And so I met Sonny

I think he

So this was a game or a series of

09:32:05

20

games for high school players who were

09:32:08

21

prospects for college teams, and the college

09:32:11

22

coaches would come to evaluate them, watch

09:32:14

23

them play and maybe try to hustle them a

09:32:17

24

little bit?

09:32:21

25

MR. CLOBES:

Objection to form.

09:32:21

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 20

1

Q.

Now, at some point I think Sonny

09:33:35

2

Vaccaro quit running that Roundball Classic,

09:33:39

3

right, and started working for the shoe

09:33:42

4

companies?

09:33:45

5

I'm not sure.

6

A.

Or maybe he did both for awhile.

09:33:48

Yeah, I don't know exactly if he kept

09:33:49

7

running the Roundball after he went to work

09:33:53

8

for the shoe companies.

09:33:56

9

Q.

I don't know that.

When you were the head coach at George 09:33:59

10

Washington, did you ever have a contract with

09:34:02

11

one of the shoe companies through Mr. Vaccaro?

09:34:06

12

A.

Yes.

09:34:09

13

Q.

And when did that start?

09:34:10

14

A.

1978.

09:34:13

15

Q.

And tell me what the arrangement was

09:34:16

16

between you and the shoe company and Mr.

09:34:19

17

Vaccaro in your capacity as the head coach at

09:34:22

18

GW.

09:34:25

19

Sonny was with Nike, and they offered

09:34:28

20

me a contract, paying me a certain amount each

09:34:35

21

year if I would ensure that our players, at

09:34:38

22

least eight of them, wore the shoe during the

09:34:45

23

games.

09:34:50

24

Q.

25

A.

And they would give us free shoes.

Was that just at the beginning of that 09:34:57

kind of method of promoting the shoes?

09:35:00

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 42

1

know.

10:02:45

2

Q.

Right.

10:02:45

3

A.

But we were on TV occasionally.

10:02:46

4

Q.

And I take it there was also radio

10:02:49

5

coverage of the games.

10:02:53

6

A.

Yes.

10:02:55

7

Q.

A lot more people listened to radio

10:02:55

8

for sports in those days than do now?

10:02:57

9

MR. CLOBES:

10:03:01

10

THE WITNESS:

Objection to form.
Yeah, I'm sure

10:03:02

11

that's probably correct.

10:03:04

12

BY MR. CURTNER:

10:03:04

13

Q.

And there was also newspaper coverage

10:03:05

14

of all the games, reporters there,

10:03:07

15

photographers there?

10:03:09

16

A.

Yes.

10:03:10

17

Q.

And you never objected to being

10:03:12

18

photographed or written about or spoken about

10:03:15

19

on radio or shown on TV, is that right?

10:03:18

20

A.

It wouldn't have made any difference

10:03:23

21

if I objected to it or not.

22

pictures, a paper can write about you, and

10:03:30

23

they're going to whether you -- you know, I

10:03:33

24

mean, how could a player tell them they can't

10:03:35

25

write a story about -- about yourself?

10:03:37

A paper can take

10:03:27

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 45

1

it was a problem.

2

Q.

Did you ever discuss with them what

10:05:57
10:05:59

3

they could or couldn't do in that area to

10:06:01

4

promote themselves or take advantage of their

10:06:05

5

name or their photo?

10:06:08

6

A.

I can't remember doing that, no.

10:06:14

7

Q.

Did you ever tell them anything about

10:06:17

8

what they could do after they graduated to

10:06:19

9

take advantage commercially of their name or

10:06:22

their image?

10:06:28

10
11

A.

No.

10:06:31

12

Q.

Would it be accurate, sir, that

10:06:33

13

throughout your playing and coaching career it

10:06:35

14

was your understanding that the NCAA rules

10:06:38

15

applied while you had eligibility remaining

10:06:40

16

but that after you completed your eligibility,

10:06:45

17

the rules no longer applied to you?

10:06:47

18

A.

That was my understanding.

10:06:50

19

Q.

And the rules -- and the NCAA rules

10:06:52

20

didn't restrict you after your eligibility was

10:06:57

21

exhausted?

10:06:59

22

A.

23
24
25

Once your eligibility was up, that was 10:07:02

it.

10:07:06
Q.

Has there ever been anything that

you've tried to do in your life after

10:07:10
10:07:13

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 46

1

leaving -- being a student, after your

10:07:15

2

eligibility was exhausted and you played for

10:07:21

3

four years -- it took five years for you to

10:07:25

4

get four years, right?

10:07:28

5

A.

Uh-huh.

10:07:29

6

Q.

Has there ever been anything you

10:07:30

7

wanted to do in your commercial life, in your

10:07:32

8

business life, to try to make money that

10:07:35

9

some -- that you thought you were restricted

10:07:37

from doing because of some NCAA rule?

10:07:39

10
11

A.

No.

12
13

10:07:43
MR. CLOBES:

It's 55 minutes, good 10:07:55

time?

10:07:56

14

MR. CURTNER:

15

MR. CLOBES:

16

MR. CURTNER:

17

THE VIDEOGRAPHER:

18

10:08 a.m.

Good time.
Take five?
That's fine.
The time is

We're now off the record.

19

(Brief recess).

20

THE VIDEOGRAPHER:

21

10:24 a.m.

22

Q.

10:07:58
10:08:00
10:08:00
10:08:02
10:08:14

The time is

BY MR. CURTNER:

23

10:07:57

We're back on the record.

So after that first time when

10:23:57
10:23:59
10:23:59
10:24:02

24

Mr. Vaccaro called you and said, I haven't

10:24:03

25

talked to you in many years but I'd like to

10:24:06

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 50

1

Q.

Did you seek her input or her advice

10:28:12

2

or you just said, I'm thinking about doing

10:28:16

3

this?

10:28:18

4

A.

I did not seek her advice.

10:28:18

5

Q.

Did you talk to Thad Jaracz about it?

10:28:21

6

A.

I did.

10:28:27

7

Q.

Did you talk to him about whether or

10:28:27

8

not you should join or about whether he should

10:28:30

9

join or both?

10:28:33

10
11

A.

Didn't really get into that, but we

did talk -- we did talk about the case.

10:28:35
10:28:43

12

Q.

Tell me what you and he talked about.

10:28:45

13

A.

Basically the merits of the case.

10:28:50

14

Q.

And what did you understand the merits 10:28:55

15
16

of the case to mean?
A.

We felt -- I felt that the ex players

10:28:57
10:29:01

17

deserved some remuneration for their efforts;

10:29:09

18

that without their efforts, there would not be

10:29:15

19

any classic films or whatever.

10:29:20

20
21

Q.

What else do you remember discussing

with Mr. Jaracz?

10:29:25
10:29:31

22

A.

That's basically it.

10:29:33

23

Q.

So let me see if I understand your

10:29:34

24

thinking.

25

athletes should be students first, then

You agree with -- that student

10:29:37
10:29:47

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 51

1

athletes second while they are in school, is

10:29:49

2

that right?

10:29:54

3

MR. CLOBES:

4

THE WITNESS:

5
6

Objection to form.
Yes.

BY MR. CURTNER:
Q.

10:29:54
10:29:58
10:29:58

And you agree that they should not be

10:30:01

7

paid for play while they are in school,

10:30:03

8

correct --

10:30:07

9

A.

Yes.

10:30:07

10

Q.

-- or while they still have

10:30:09

11

eligibility?

12

have eligibility they shouldn't be given

10:30:20

13

promises of future payment for what they are

10:30:22

14

doing while they are playing in school?

10:30:28

15
16

And you agree that while they

MR. CLOBES:

Objection to form.

BY MR. CURTNER:

10:30:10

10:30:30
10:30:30

17

Q.

Is that correct?

10:30:33

18

A.

Yes.

10:30:34

19

Q.

And so you don't think that a college

10:30:37

20

basketball player who happens to be on a team

10:30:47

21

that makes the NCAA tournament and maybe makes

10:30:52

22

it to the finals and loses in a famous game

10:30:58

23

should somehow get some payment at the time

10:31:01

24

they're a student athlete for participating in

10:31:04

25

such an important event, correct?

10:31:07

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 53

1

or rebroadcast or reshowing or repurposing or

10:32:48

2

reuse that you think maybe should be shared,

10:32:51

3

is that right?

10:32:56

4

A.

Yes.

10:32:56

5

Q.

And is -- just so we're clear about

10:32:57

6

this, you are not a believer in pay for play

10:33:03

7

of student athletes while they're student

10:33:07

8

athletes?

10:33:10

9

A.

No.

10:33:11

10

Q.

And you still think that the -- that

10:33:17

11

it's a good thing that they are not employees

10:33:20

12

of the school where they play sports?

10:33:24

13

A.

Yes.

10:33:26

14

Q.

Have you ever run into Ramogi Huma?

10:33:27

15

A.

No.

10:33:34

16

Q.

Do you know who he is?

10:33:35

17

A.

No.

10:33:37

18

Q.

Do you know what the National College

10:33:38

19

Players Association is?

10:33:40

20

A.

No.

10:33:42

21

Q.

Have you ever read about that

10:33:48

22

organization in the sports press?

23

submitted some petitions to some schools not

10:33:53

24

too long ago.

10:33:57

25

A.

Not aware of it.

They

10:33:49

10:33:58

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 55

1

Q.

Is European basketball an alternative

10:35:40

2

career for some folks based on your

10:35:44

3

experience?

10:35:47

4

MR. CLOBES:

5

THE WITNESS:

6
7
8

Objection to form.
Yes.

BY MR. CURTNER:
Q.

10:35:47
10:35:50
10:35:50

People can now make real money playing 10:35:51

abroad, right?

10:35:54

9

A.

Yes.

10:35:56

10

Q.

When you tried out for the ABA, did

10:36:03

11

you get a contract?

10:36:07

12

A.

Yes.

13

Q.

So you actually signed a contract with 10:36:10

10:36:08

14

them and maybe got some money before you

10:36:13

15

didn't make the team?

10:36:15

16

A.

I signed the contract with them.

10:36:16

17

Q.

Do you still have a copy of that?

10:36:22

18

A.

No.

10:36:23

19

Q.

Do you have any scrapbooks or press

10:36:24

20

clippings or video or still photos or things

10:36:28

21

from your playing days or your coaching days?

10:36:32

22

A.

Yes.

23

Q.

What kind of a collection do you have? 10:36:40

24

A.

Very small.

10:36:43

25

Q.

Got some big trophies on the mantel?

10:36:45

10:36:38

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 78

1
2
3

THE WITNESS:

Yes.

11:03:13

BY MR. CURTNER:
Anything that you can think of that

11:03:15

4

would have restricted you from doing that if

11:03:16

5

you had wanted to and if somebody had asked?

11:03:20

6

Q.

11:03:13

A.

No.

7
8

MR. CURTNER:
record.

Let's go off the

I think I'm very close to being done.

9
10

11:03:23

THE VIDEOGRAPHER:
11:03 a.m.

The time is

We're now off the record.

11

(Brief recess).

12

THE VIDEOGRAPHER:

13

11:13 a.m.

15
16

The time is

(Off-the-record discussion).
BY MR. CURTNER:
Q.

11:03:37
11:03:41
11:03:42
11:05:23

We're back on the record.

14

11:03:36

Mr. Tallent, I want to go back to one

11:13:18
11:13:20
11:13:37
11:13:37
11:13:40

17

topic that we talked about, and that's this

11:13:43

18

question of whether college athletes should be

11:13:46

19

paid to play while they still have

11:13:48

20

eligibility.

11:13:52

21

clearly that you didn't think so, correct?

And I think you said pretty

11:13:54

22

A.

Yes.

11:13:56

23

Q.

And you thought that when you were a

11:13:58

24

player, you thought that when you were a

11:14:00

25

coach, you still think that, correct?

11:14:02

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 79

1

A.

Yes.

11:14:03

2

Q.

And I gather that when you were a

11:14:04

3

player, you got a full grant and aid all five

11:14:07

4

years that you had eligibility, right?

11:14:11

5

A.

Yes.

6

Q.

And you felt at the time that that was 11:14:13

7

a fair deal?

11:14:13

11:14:17

8

A.

Yes.

11:14:18

9

Q.

And in retrospect, do you think you

11:14:19

10

got a fair deal?

11:14:22

11

A.

Yes.

11:14:24

12

Q.

You've had a pretty successful life

11:14:26

13

and career as a result of the education you

11:14:28

14

got?

11:14:32

15

A.

Yes.

11:14:33

16

Q.

And so you think the athletic grant

11:14:33

17

and aid has been a successful program from

11:14:36

18

your point of view?

11:14:39

19

A.

Yes.

11:14:40

20

Q.

And during your years as a coach when

11:14:41

21

you were recruiting young men to play and were

11:14:43

22

awarding grants and aid did you think it was a

11:14:46

23

fair exchange?

11:14:49

24

A.

Yes.

11:14:50

25

Q.

And you had players that took

11:14:51

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 80

1

advantage of that situation and what was made

11:14:53

2

available to them and have had successful

11:14:56

3

careers as a result, right?

11:14:58

4

A.

Yes.

11:14:59

5

Q.

Do you think that those young people

11:15:00

6

were exploited when you were coaching them?

11:15:04

7

A.

No.

11:15:08

8

Q.

Did you think you were exploited when

11:15:09

9
10

you were a player, aside from maybe that one

11:15:11

time?

11:15:15

11

A.

No.

12

Q.

And did you think that the definition, 11:15:17

11:15:15

13

the contents of a grant and aid of tuition,

11:15:26

14

room and board, books and for awhile laundry

11:15:29

15

money, was inadequate and should be adjusted?

11:15:33

16

A.

No.

11:15:39

17

Q.

In your experience, do student

11:15:40

18

athletes who get full grant and aid succeed

11:15:45

19

as -- in their athletic career and graduate?

11:15:54

20

MR. CLOBES:

21

THE WITNESS:

22
23

Objection to form.
Yes.

BY MR. CURTNER:
Q.

11:15:57
11:15:59
11:15:59

In your experience, do they graduate

11:16:00

24

as or more frequently than other students who

11:16:01

25

don't have scholarships?

11:16:05

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 81

1

MR. CLOBES:

2

THE WITNESS:

Same objection.
I can only speak

11:16:08
11:16:10

3

about GW, and the answer is yes.

11:16:17

4

BY MR. CURTNER:

11:16:17

5

Q.

And in other words, kids who got a

11:16:22

6

full scholarship are able to stay in school

11:16:25

7

where kids who aren't sometimes have family

11:16:27

8

financial issues and have to drop out, right?

11:16:29

9

A.

Could happen.

10

Q.

And are you familiar with what student 11:16:35

11:16:34

11

athletes get as part of their grant and aid

11:16:45

12

under the rules currently?

11:16:49

13
14
15
16

A.

I haven't read the scholarship, you

know, today.
Q.

Do you get involved in the recruiting

of high school athletes or prospects --

11:16:59
11:17:02
11:17:05
11:17:08

17

A.

That's --

11:17:10

18

Q.

-- these days?

11:17:11

19

A.

Can't do that.

11:17:12

20

Q.

Do you -- I mean, are you active at GW 11:17:14

21
22
23

in trying to help GW find players?
A.

11:17:16

Not find players, but I'm -- you know, 11:17:20

I'm a booster.

24

Q.

25

athletics?

What do you do to help support GW

11:17:23
11:17:24
11:17:27

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 82

1
2
3

A.

I buy season tickets, I belong to the

Colonial Athletic Club.
Q.

That's about it.

So when you were -- I take it that

11:17:29
11:17:35
11:17:51

4

given what you've said, you don't think that

11:17:56

5

at the time a kid is being recruited to a

11:17:58

6

school, a prospect, or at the time that

11:18:00

7

they're getting their scholarship renewed that

11:18:05

8

the school or the coach should be able to

11:18:10

9

promise them that they'll get paid in the

11:18:13

10

future based on what revenue might be derived

11:18:15

11

from resales of any video that gets made while

11:18:18

12

they're a player.

11:18:22

13

MR. CLOBES:

14

THE WITNESS:

15
16
17

Objection to form.
Yes.

BY MR. CURTNER:
Q.

11:18:23
11:18:25
11:18:25

You agree that they should not be able 11:18:26

to get that promise, correct?

11:18:28

18

A.

Yes.

19

Q.

And from a recruiting point of view as 11:18:32

11:18:30

20

a coach it would make recruiting kind of

11:18:34

21

complicated, wouldn't it, if you had to

11:18:39

22

compete against Georgetown or Texas, who could

11:18:42

23

say, and man, are you going to get a royalty

11:18:46

24

stream from us compared -- don't go to GW

11:18:49

25

because they got no royalty stream?

11:18:52

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 83

1
2

MR. CLOBES:

Objection.

BY MR. CURTNER:

11:18:55

3

Q.

That wouldn't be fair, would it?

4

A.

Wouldn't be fair.

5
6
7

11:18:56

It wouldn't even be 11:18:58

understandable.
Q.

11:18:55

What do you mean by that?

11:19:04
You mean my 11:19:07

question is that bad?

11:19:10

8

A.

What was -- what was your question?

11:19:12

9

Q.

So --

11:19:18

10

A.

I'm sorry.

11:19:19

11

Q.

I'm just saying so in the recruiting

11:19:20

12

process you go to a kid's home, you're sitting

11:19:21

13

down with him and his parents and you say, if

11:19:24

14

you come play for me, you know, I'm going to

11:19:26

15

give you a full scholarship, tuition, room and

11:19:28

16

board, books are going to be covered and, you

11:19:31

17

know, we're going to give you great

11:19:34

18

facilities, we're going to give you academic

11:19:36

19

support, we're going to give you training,

11:19:38

20

we're going to make -- you know, and I'm going

11:19:40

21

to make a player out of you, young man, right?

11:19:42

22

Something like that was what you used to do,

11:19:45

23

right?

11:19:47

24

A.

Yes.

25

Q.

And would you think it would be a good 11:19:48

11:19:48

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 84

1

idea if in addition to that you could say, and

11:19:50

2

after you graduate you're going to get a

11:19:53

3

royalty check every year depending on how much

11:19:55

4

we sell of the video?

11:19:57

5

A.

No.

11:19:58

6

Q.

Why not?

11:19:58

7

A.

You have no idea.

11:20:00

8

Q.

You have --

11:20:06

9

A.

Purely speculation.

11:20:08

10

Q.

Would that introduce a financial

11:20:10

11

element to the recruiting process that you

11:20:12

12

think would be unwise?

11:20:14

13

A.

Yes.

11:20:17

14

MR. CLOBES:

15

THE WITNESS:

Yes.

11:20:19

16

MR. CURTNER:

I think I have no

11:20:24

17

further questions.

18

break before you step in?

19

Objection.

right?

Do you want to take a
You got some,

11:20:17

11:20:26
11:20:31
11:20:33

20

(Off-the-record discussion).

11:20:34

21

THE VIDEOGRAPHER:

11:20:38

22

11:20 a.m.

The time is

We're now off the record.

23

(Brief recess).

24

THE VIDEOGRAPHER:

25

11:29 a.m.

11:20:41
11:23:09

The time is

We're back on the record.

11:29:13
11:29:15

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 85

1
2

EXAMINATION

11:29:15

BY MR. BOYLE:

11:29:15

3

Q.

4

Pete Boyle.

5

Licensing Company.

6

Company is sometimes referred to as CLC, so I

11:29:25

7

may use those terms interchangeably.

11:29:27

8

fair?

Good morning, Mr. Tallent.

My name is 11:29:18

I represent the Collegiate
The Collegiate Licensing

Is that

11:29:20
11:29:22

11:29:30

9

A.

Yes.

10

Q.

Okay.

11:29:30
Since leaving college as a

11:29:31

11

student athlete, can you identify any instance

11:29:34

12

that you're aware of where your name or

11:29:38

13

likeness was used without your permission?

11:29:40

14

A.

No.

11:29:45

15

Q.

Have you talked to anyone at Kentucky

11:29:47

16

or George Washington about this case?

11:29:52

17

A.

No.

11:29:54

18

Q.

When you were a coach, did you have

11:29:55

19

any type of coach's show, like a radio

11:30:06

20

broadcast or a cable access program?

11:30:09

21

A.

No, I didn't have a coaching show.

11:30:15

22

Q.

Did you run any camps on your own?

11:30:22

23

A.

Not at GW.

11:30:27

24

Q.

At some other time?

11:30:29

25

A.

No.

11:30:33

I participated -- I ran a camp

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 116

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 Name, et al.
Robert Tallent

09-cv-1967-CW
December 1, 2011
Page 117

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 4th day of December, 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]