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 BB In Re NCAA Student-Athlete Name, et al. Danny Wimprine 09-cv-1967-CW December 2, 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 DANNY WIMPRINE DECEMBER 2, 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 (404) 875-0400 In Re NCAA Student-Athlete Name, et al. Danny Wimprine 09-cv-1967-CW December 2, 2011 Page 6 1 P R O C E E D I N G S 2 3 4 THE VIDEOGRAPHER: Good morning. 5 This is the beginning of tape number one in 6 the deposition of Mr. Danny Wimprine, in the 7 matter of in re NCAA Student-Athlete Name and 8 Likeness Licensing Litigation, Case Number 9 09-CV-1967-CW. Today's date is December 2, 10 2011. 11 My name is Michael McElroy and I'm the 12 videographer. 13 Huseby. 14 Counsel, please introduce yourselves, after 15 which the court reporter will swear in the 16 witness. 17 The time on the monitor is 9:10 a.m. The court reporter is Steve We're with Huseby, Incorporated. MR. CURTNER: Good morning. My 18 name is Greg Curtner. 19 Miller Canfield Paddock & Stone. 20 the National Collegiate Athletic Association. 21 With me this morning is Eric McLand from my 22 office. 23 MR. BOYLE: I'm a lawyer with I represent Peter Boyle with 24 Kilpatrick Townsend & Stockton for the 25 Collegiate Licensing Company. 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 Name, et al. Danny Wimprine 09-cv-1967-CW December 2, 2011 Page 23 1 A. I don't believe so. 2 Q. Did you ever think about transferring 3 4 5 while you were at Memphis? A. Think about it, yeah, maybe. not very much. Probably Not very long. 6 Q. What made you think about it? 7 A. I don't know, not sure now. 8 Q. You had a successful career at 9 Memphis? 10 A. Yes, sir. 11 Q. And did you think about leaving early 12 to declare for the draft? 13 A. No. 14 Q. Why not? 15 A. I wish I had that problem. I don't 16 think I was at the upper echelon of, you 17 know -- you know, I didn't need to leave to 18 have to make money or anything, so I think I 19 would just rather stay and see how it worked 20 out for me. 21 Q. Did you get a scholarship at Memphis? 22 A. Yes, sir. 23 Q. You got a full scholarship each of the 24 25 four years? A. Yes, sir. 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 Name, et al. Danny Wimprine 09-cv-1967-CW December 2, 2011 Page 24 1 Q. Did you play all four years? 2 A. Yes, sir. 3 Q. So you -- that was one of the 4 attractive things for you is that you got to 5 start as a freshman? 6 7 8 9 A. Yeah, I red-shirted my first year though. Q. I see. So you were really there five years and played four? 10 A. Yes, sir. 11 Q. And you got five years of a full 12 scholarship? 13 A. Yes, sir. 14 Q. Did you earn your degree while you 15 were there? 16 A. Yes, sir. 17 Q. What's your degree in? 18 A. It's university college, it's sports 19 broadcasting and communications, the title. 20 Q. And what year did you get your degree? 21 A. 2005. 22 Q. So in the spring of 2005 is when you 23 graduated? 24 A. I believe so, yeah. 25 Q. And that's the same time that you were 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 Name, et al. Danny Wimprine 09-cv-1967-CW December 2, 2011 Page 90 1 MR. CURTNER: 2 the record. 3 Okay. We're back on Let's mark this as next in order, please. 4 (Exhibit Number 181 5 marked for identification). 6 7 BY MR. CURTNER: Q. Mr. Wimprine, I'm showing you what's 8 been marked as Deposition Exhibit 181, which 9 appears to be a 2011 arena football one 10 standard playing -- player contract. 11 You're familiar with this? 12 A. Yes, sir. 13 Q. You signed a version of this that was 14 pertinent to you for the playing year 2011? 15 A. Yeah, I would have had to. 16 Q. And do you have a copy of your 17 18 19 particular version of this standard contract? A. I don't -- I don't think I do have my copy. 20 Q. Who would have it? 21 A. I guess the league. 22 Q. But you're sure that you did sign one? 23 A. I would have had to to play. 24 Q. And you got the minimum; is that 25 right? 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 Name, et al. Danny Wimprine 09-cv-1967-CW December 2, 2011 Page 97 1 A. I'm not sure. 2 Q. Do you recall ever even thinking about 3 these issues when you signed these contracts? 4 A. I probably did at the time. 5 Q. So this says in part, "The player 6 grants to the league the full authority to use 7 his name, signature, likeness and/or picture 8 for all publicity and promotional purposes in 9 newspapers, magazines, motion pictures, 10 trading cards, game programs, roster manuals, 11 all broadcasts and telecasts, and all other 12 publicity and advertising media, whether now 13 known or hereafter devised." 14 15 You were aware that you were giving them those rights? 16 A. Yeah, I would think so. 17 Q. And you thought you had all those 18 rights to grant to them? 19 A. Yeah. 20 Q. And it says further, and I'm skipping 21 a sentence, "The player agrees to cooperate 22 with the news media and to participate upon 23 request and without compensation in addition 24 to that which is specified here and in this 25 contract in any reasonable promotional 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 Name, et al. Danny Wimprine 09-cv-1967-CW December 2, 2011 Page 100 1 contracts? 2 A. The CFL. 3 Q. Your agent? 4 A. He might. 5 Q. Did you ever sign anything along these 6 lines when you played at Memphis that you 7 remember? 8 9 10 A. I can't really remember anything like that. Q. Did it ever cross your mind when you 11 were signing these kinds of contracts and 12 assigning these rights as a pro player, that 13 maybe Memphis owned some of these rights and 14 that you needed to get permission from them? 15 MR. CLOBES: 16 THE WITNESS: 17 18 Objection, form. No. BY MR. CURTNER: Q. The last sentence of this paragraph 19 says, "The player may not," emphasized, "use 20 any intellectual property of the league for 21 any purpose without the prior written consent 22 of the league." 23 A. 24 Q. 25 Do you see that? (Reading from document...) yep. Did you have some understanding as to what that meant? 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 Name, et al. Danny Wimprine 09-cv-1967-CW December 2, 2011 Page 176 1 CLC has done to you that would have prevented 2 you from licensing the rights to your name, 3 likeness or image? 4 A. No. 5 Q. Are you aware of anything any of the 6 defendants have done to you that would have 7 prevented you from selling the rights to your 8 name, likeness or image? 9 A. No. 10 Q. Did you ever have plans to try to sell 11 the rights to your name, likeness or image but 12 you changed those plans because of anything 13 CLC did to you? 14 A. No. 15 Q. Did you ever have plans to try to sell 16 the rights to your name, likeness or image but 17 you changed those plans because of anything 18 the NCAA did to you? 19 A. No. 20 Q. How about EA, did you ever change any 21 plans you had to try to sell your rights to 22 your name, likeness or image but you changed 23 those plans because of anything that EA did to 24 you? 25 A. No. 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 Name, et al. Danny Wimprine 09-cv-1967-CW December 2, 2011 Page 196 1 C E R T I F I C A T E 2 3 4 G E O R G I A: 5 FULTON COUNTY: 6 7 8 9 I hereby certify that the foregoing deposition was reported, as 10 stated in the caption, and the questions 11 and answers thereto were reduced to the 12 written page under my direction; that the 13 foregoing pages represent a true and 14 correct transcript of the evidence 15 given. 16 any way financially interested in the 17 result of said case. I further certify that I am not in 18 Pursuant to Rules and Regulations 19 of the Board of Court Reporting of the 20 Judicial Council of Georgia, I make the 21 following disclosure: 22 I am a Georgia Certified Court 23 Reporter. I am here as an independent 24 contractor for Huseby, Inc. 25 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete Name, et al. Danny Wimprine 09-cv-1967-CW December 2, 2011 Page 197 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 (404) 875-0400

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