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 D In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ---o0o--- In re NCAA Student-Athlete Name and Likeness Case No. 09-cv-1967-CW Licensing Litigation _________________________/ Deposition of KERWIN RAY ELLIS ___________________________ Thursday, November 3, 2011 MAY CONTAIN CONFIDENTIAL INFORMATION Designation Color Key Blue = NCAA Affirm Desigs. Orange = Pls' Counter Desigs. Fuchsia = NCAA Rebuttal Desigs REPORTED BY: JOHN WISSENBACH, RDR, CRR, CBC, CCP, CLR, CSR 6862 REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 7 antitrust plaintiffs. 09:30:03 1 09:30:06 2 MR. KING: 09:30:08 3 plaintiffs and the witness. 09:30:11 4 MR. CLOBES: 5 Faucher, for the plaintiffs. Jon King, from Hausfeld, for Bryan Clobes, from Cafferty 6 (Discussion off the record.) 7 MR. CLOBES: 8 MR. SLAUGHTER: 09:30:16 9 MR. CLOBES: 09:30:17 10 MR. SLAUGHTER: 09:30:19 11 MR. ARAGON: 09:30:21 12 Berman Sobol Shapiro, for the right-of-publicity 13 plaintiffs. 09:30:34 15 Yeah. Someone on the telephone. Leonard, your turn. Leonard Aragon, from Hagens KERWIN RAY ELLIS, 14 09:30:34 There's our telephone -- having been first duly sworn, testified as follows: THE VIDEOGRAPHER: 16 You may now proceed. EXAMINATION BY MR. SLAUGHTER 09:30:36 17 09:30:36 18 Q. Good morning. 09:30:36 19 A. Good morning. 09:30:39 20 Q. Would you please state your name for the 09:30:39 21 record. 09:30:41 22 A. Kerwin Ray Ellis. 09:30:43 23 Q. Where do you live, Mr. Ellis? 09:30:51 24 A. My address is 4666 East Olney Drive -- I'm 25 sorry, Avenue, Gilbert, Arizona 85234. REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 9 Q. Yeah. Who do you work for, and what do you A. I work for a company called World Talk 09:31:53 1 09:31:53 2 09:31:57 3 09:32:01 4 09:32:04 5 09:32:07 6 09:32:11 7 09:32:14 8 09:32:18 9 Q. So about 2009? 09:32:19 10 A. Yes. 09:32:23 11 Q. Okay. 09:32:26 12 director the entire time you've been at World Talk 09:32:26 13 Radio? 09:32:27 14 A. Yes. 09:32:29 15 Q. And what do you -- what are your 09:32:33 16 09:32:40 17 09:32:42 18 09:32:48 19 09:32:50 20 speak, or are you just the producer behind the 09:32:53 21 scenes? 09:32:55 22 A. For my -- I have a show myself, right. 09:32:56 23 Q. Okay. 09:32:59 24 A. And I am the on-air personality for that 25 do? Radio, and I am the sports channel director. Q. And what do you do -- how long have you been the -- been at World Talk Radio? A. I've been employed by World Talk Radio for the last, I'd say, two years. And have you been the sports channel responsibilities as the sports channel director? A. I oversee a channel of which we have -- I produce Internet sports talk shows. Q. Are you the on-air personality, so to show. REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 26 09:51:07 1 Q. You were born in Canton, Ohio? 09:51:07 2 A. Yes. 09:51:10 3 Q. Did you go to high school in Ohio? 09:51:10 4 A. Yes. 09:51:14 5 Q. You went to Ohio State? 09:51:15 6 A. Yes. 09:51:21 7 Q. After Ohio State, you were drafted by the 09:51:23 8 Eagles, and you played for the Eagles for five 09:51:25 9 seasons? 09:51:26 10 A. Yes. 09:51:30 11 Q. So you moved from Ohio to Pennsylvania to 09:51:32 12 09:51:33 13 A. Yes. 09:51:38 14 Q. You played for the Eagles for 09:51:44 15 approximately -- through the end of the 1985 season; 09:51:44 16 is that right? 09:51:46 17 A. Longer than that. 09:51:48 18 Q. Through the end of the '86 season? 09:51:50 19 A. No, to the week of the first game. 09:51:52 20 Q. Of the '86 -- you were traded just before 09:51:52 21 09:51:53 22 A. I was -- 09:51:56 23 Q. -- beginning of the '86 season? 09:51:58 24 A. I was fired. 25 Q. Oh, you were cut by the Eagles and then play for the Eagles? the -- I was cut. REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 27 picked up by the Browns? 09:52:02 1 09:52:04 2 09:52:05 3 09:52:06 4 A. I signed with the Browns. 09:52:07 5 Q. You signed -- you were signed by the 09:52:07 6 Browns? 09:52:08 7 A. Right. 09:52:10 8 Q. Okay. 09:52:12 9 09:52:15 10 did you have family, and they stayed back in 09:52:15 11 Pennsylvania? 09:52:18 12 09:52:19 13 09:52:23 14 09:52:25 15 09:52:26 16 Q. Okay. 09:52:29 17 A. But we retained our home in Pennsylvania. 09:52:31 18 Q. Okay. 09:52:32 19 the Browns? 09:52:34 20 A. Two. 09:52:39 21 Q. So your last season in the NFL was 1987? 09:52:42 22 A. Start of the 1987 season, correct. 09:52:46 23 Q. Yes. 09:52:46 24 25 Or did you sign with the Browns? You went to -- You played -- so did you move to Cleveland to play for the Browns, or did you -- or Where were you living when you were playing for the Browns? A. We actually had -- my wife and I had an apartment in -- in Ohio. And how many years did you play for Finished -- the season finishes up in -A. '88. REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 28 1 Q. -- in the beginning of '88? 2 A. Uh-huh. 09:52:50 3 Q. Okay. 09:52:51 4 A. Yes. 09:52:56 5 Q. What position did you play in the pros? 09:52:57 6 A. Strong safety. 09:53:00 7 Q. What number did you wear for the Eagles? 09:53:01 8 A. 24. 09:53:02 9 Q. Did you wear that same number for the 09:53:06 10 Browns? 09:53:10 11 A. Yes. 09:53:13 12 Q. You -- what round were you drafted in by 09:53:16 13 the Eagles? 09:53:22 14 A. 12th round. 09:53:24 15 Q. After you -- after you completed your pro 09:53:30 16 career, in the late eighties, were you employed or 09:53:35 17 did you take some time off? 09:53:35 18 A. I was employed. 09:53:37 19 Q. Okay. 09:53:41 20 09:53:44 21 09:53:47 22 09:53:50 23 Q. Metropolitan Graphics? 09:53:51 24 A. Yes. 25 Q. And where was Metropolitan Graphics? 09:52:49 And what did you do immediately after the end of your pro career? A. The very next day I went to work at an office at Metropolitan Graphics. REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 55 Q. Okay. And what caused you to choose to go 10:38:41 1 10:39:21 2 10:39:21 3 10:39:22 4 10:39:22 5 10:39:26 6 Q. Would you like to take a break, Mr. Ellis? 10:39:30 7 A. My mother. 10:39:32 8 Q. She wanted you to go to Ohio State? 10:39:35 9 A. Yes. 10:39:39 10 Q. Why did she want you to go to Ohio State? 10:39:43 11 A. She wanted me to get a good education. 10:39:51 12 wanted me to be close. 10:39:53 13 good impression on parents. 10:39:55 14 10:40:00 15 10:40:04 16 A. Yes. 10:40:08 17 Q. You had a successful career at Ohio State? 10:40:09 18 A. Yes. 10:40:11 19 Q. You were All-Big Ten? 10:40:12 20 A. Yes. 10:40:16 21 Q. Co-captain your senior year? 10:40:17 22 A. Yes. 10:40:22 23 Q. You -- that senior year your team went 10:40:23 24 25 to Ohio State? A. Psshu. Man. MR. CLOBES: Pretty tough. Quick break? BY MR. SLAUGHTER: Q. She And Coach Hayes makes a damn Coach made -- was a big role in -- was a big part of your decision to go to Ohio State? 11-0; is that right? A. No. REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 56 10:40:25 1 Q. Or was that your junior year? 10:40:26 2 A. Junior year. 10:40:28 3 Q. And was that the year that you guys went to 10:40:30 4 10:40:30 5 A. Yes. 10:40:33 6 Q. And that was a great game, that Rose Bowl 10:40:37 7 10:40:37 8 A. Tough game. 10:40:40 9 Q. 17-16? 10:40:40 10 A. Correct. 10:40:43 11 Q. You had an interception in that game? 10:40:45 12 A. Yes. 10:40:59 13 Q. You enjoyed your time at Ohio State? 10:40:59 14 A. Most of it. 10:41:02 15 Q. Did you enjoy your time on the -- as a 10:41:06 16 10:41:07 17 A. Most of it. 10:41:14 18 Q. What didn't you enjoy? 10:41:16 19 A. The Coach Hayes stuff bothered me. 10:41:17 20 a great man. 10:41:19 21 Q. But he could be a little rough? 10:41:24 22 A. Oh, no, I didn't mind. 10:41:26 23 The fact he was a stern guy, I enjoyed that. 10:41:28 24 that he was fired, I -- 25 the Rose Bowl? game, against USC, right? Tough game. student-athlete? Q. He was And -- I enjoyed that. Just Yeah. REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 98 11:28:51 1 Q. Did you ever ask EA to stop doing it? 11:28:58 2 A. No. 11:29:00 3 Q. Have you ever approached EA and tried to 11:29:03 4 11:29:06 5 A. No. 11:29:08 6 Q. Are you aware of any actions that EA has 11:29:12 7 taken to prevent you from selling your name, image, 11:29:18 8 or likeness? 11:29:19 9 A. No. 11:29:28 10 Q. Have you ever spoken to anyone from EA? 11:29:30 11 A. I don't recall. 11:29:35 12 Q. Other than this Bill Walsh College series 11:29:42 13 football game that you saw in December 1995, are you 11:29:48 14 aware of EA using your image in any other format, 11:29:50 15 any other way, any other time? 11:29:54 16 A. Are we talking Ohio State, or -- 11:29:55 17 Q. Yes. 11:29:56 18 A. -- what are we talking? 11:29:58 19 Q. Yes, not the -- I'm going to exclude the 11:30:01 20 Madden -- Madden games. 11:30:02 21 out. 11:30:03 22 A. Okay. 11:30:05 23 Q. -- what -- what you're -- what you -- 11:30:06 24 strike that. 25 sell your likeness to EA? Thank you for pointing that I'm just talking about the -- Are you aware of EA ever using your REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 106 11:55:22 1 THE WITNESS: You're asking the question, 11:55:25 2 but you're making a statement. 11:55:26 3 yes-or-no answer to that question? 11:55:26 4 BY MR. SLAUGHTER: 11:55:27 5 Q. Yeah, I'm asking you, do -- 11:55:30 6 A. I am not here representing current players. 11:55:30 7 11:55:32 8 Q. Okay. 11:55:34 9 A. Because they have not fulfilled their 11:55:39 10 requirements in terms of their status as a college 11:55:43 11 athlete. 11:55:43 12 Q. Okay. 11:55:45 13 A. This is -- I'm here today to represent 11:55:45 14 11:55:46 15 Q. Okay. 11:55:48 16 A. They will become a former athlete one day. 11:55:57 17 Q. Okay. 11:56:01 18 of the broadcasts, okay, we -- that we were 11:56:04 19 discussing earlier. 11:56:06 20 who appear on those -- in those TV broadcasts ought 11:56:08 21 to be compensated? 11:56:08 22 11:56:08 23 11:56:11 24 Q. Those team members? 25 A. Okay. And is there a Let me -- that's my answer. Why not? They still are a current college athlete. former athletes. Let's turn to the question of the -- MR. CLOBES: It's your opinion that people Objection; form. BY MR. SLAUGHTER: REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 107 Q. Is that -- that's my -- I'm asking you. Is 11:56:13 11:56:16 2 it -- it's your opinion that the team members who 11:56:18 3 appear on TV ought to be compensated, correct? 11:56:19 701 1 4 A. Yes. 11:56:21 5 Q. And what's the -- why do they need to wait 11:56:26 6 11:56:32 7 MR. CLOBES: 11:56:34 8 THE WITNESS: 11:56:37 9 11:56:42 10 as it pertains to the university and themselves. 11:56:47 11 They are still student-athletes under the 11:56:49 12 university's -- their agreement with the university, 11:56:52 13 and they're not a former -- they haven't fulfilled 11:56:54 14 their -- their eligibility requirements, nor are 11:57:06 15 have they -- are they finished playing; they've 11:56:57 16 moved on. 11:56:58 17 BY MR. SLAUGHTER: 11:57:00 18 11:57:03 19 11:57:05 20 11:57:05 21 11:57:08 22 11:57:10 23 11:57:28 24 A. I do not recall. 25 Q. What do you want to get out of this case? until they're former players to be compensated? Objection; form. Because they are -- they still have an obligation of which they're fulfilling Q. And what's the agreement they enter into with the university? A. I haven't seen the current players' agreement. Q. What's your -- was there an agreement in place when you were an athlete? REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 110 My understanding of your testimony is that 11:59:31 1 11:59:33 2 you're representing former players, and they ought 11:59:34 3 to be -- 11:59:34 4 A. Yes. 11:59:37 5 Q. -- paid for the use of their likenesses. 11:59:38 6 A. Yes. 11:59:39 7 Q. And my question is, do you think that that 11:59:43 8 is just a use, for instance, of broadcasts of the 11:59:46 9 game, of a game that you were in, your team was 11:59:50 10 in -- if that broadcast occurs after you've 11:59:54 11 graduated, you think you ought to be compensated for 11:59:56 12 it, correct? 11:59:56 13 A. Correct. 11:59:58 14 Q. I'm asking you, okay, if a broadcast 12:00:01 15 occurred while you were in school, do you think some 12:00:03 16 money ought to be set aside to be paid to you after 12:00:08 17 you've left school? 12:00:11 18 12:00:13 19 here. 12:00:15 20 those discussions are being -- are had now with NCAA 12:00:18 21 and current players. 12:00:20 22 giving them $2,000. 12:00:22 23 talk about that, current players being compensated. 12:00:24 24 25 A. Again, I -- I've just got to be honest I think you're fully aware of the fact that Q. I think they just talked about I didn't know I was here to Well, I'm -- I'm just trying to understand what you think ought to happen from this lawsuit and REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 111 12:00:30 1 what you ought to get out of this lawsuit. 12:00:33 2 said that you want to represent former players and 12:00:34 3 they ought to be compensated. 12:00:37 4 figure out what you think they ought to be 12:00:38 5 compensated for. 12:00:39 6 MR. CLOBES: 12:00:40 7 THE WITNESS: 12:00:45 8 obligation has been fulfilled, and the continuing 12:00:49 9 use of our likeness once our obligation has been 12:00:51 10 fulfilled, we should be compensated for that, the 12:00:53 11 continuing usage of a player's -- 12:00:54 12 BY MR. SLAUGHTER: 12:00:54 13 Q. So -- 12:00:57 14 A. -- likeness or images once he or -- has 12:01:00 15 fulfilled his requirements to eligibility with the 12:01:03 16 university. 12:01:05 17 Q. 12:01:06 18 So you don't think they ought to be compensated for 12:01:09 19 use that occurred before they graduated, before they 12:01:10 20 finish their eligibility? 12:01:13 21 A. I did not say that. 12:01:17 22 Q. I'm sorry. 12:01:20 23 confused here. 12:01:20 24 unclear. 25 You've I'm just trying to Objection; form. Former players, once our I hope that's clear. Okay. So I'm just trying to make clear. I think the -- I'm a little bit Maybe -- maybe my question was When you said "I didn't say that," what REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 125 12:14:02 1 "Q. At the time that you joined the team 12:14:04 2 and at the time you played, you knew your 12:14:06 3 games were broadcast, and you knew you 12:14:08 4 weren't getting paid, and you played 12:14:54 5 anyway, correct?") 12:14:59 6 THE WITNESS: 12:15:00 7 12:15:05 8 12:15:10 9 12:15:14 10 likeness in it. 12:15:18 11 at or near the time, 1995? 12:15:19 12 A. Anybody? 12:15:21 13 Q. Who? 12:15:24 14 A. My -- my nephew, for one. 12:15:28 15 Q. Who was playing the game. 12:15:29 16 A. Yes. 12:15:31 17 Q. And it was pretty fun for your nephew to 12:15:35 18 play it, and thinking that, "Hey, my uncle's on that 12:15:35 19 squad"? 12:15:36 20 A. 12:15:37 21 MR. CLOBES: 12:15:37 22 Go ahead. 12:15:38 23 THE WITNESS: 12:15:39 24 nephew was having fun -- 25 BY MR. SLAUGHTER: Yes. BY MR. SLAUGHTER: Q. You mentioned earlier that you -- in 1995 you saw a video game that you think included your Did you talk to anybody about that Yes. You're asking if my -Objection; form. Are you asking me if my REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 215 16:01:42 1 A. That's correct. 16:01:43 2 Q. And some other organizations that try to 16:01:45 3 16:01:46 4 A. That is correct. 16:01:52 5 Q. And would it be part of your goal, in doing 16:01:54 6 those things, to help young people get a good 16:01:57 7 education and go to school for the right reasons, 16:01:59 8 and things like that? 16:02:00 9 A. That is correct. 16:02:03 10 Q. And I gather from what you said earlier 16:02:06 11 today that you had some family encouragement when 16:02:09 12 you were a student-athlete, or a prospective 16:02:12 13 student-athlete, to go to school for the right 16:02:13 14 reasons? 16:02:19 15 A. Yes. 16:02:22 16 Q. And I take it that you are a believer that 16:02:25 17 the opportunities that student-athletes get at 16:02:30 18 schools like Ohio State and Michigan, when they are 16:02:33 19 big-time football players or basketball players, 16:02:37 20 include the opportunity to get a fine education? 16:02:38 21 A. I agree. 16:02:43 22 Q. And I'm putting Ohio State in there now. 23 16:02:43 help young people do the right thing? It would be. And -- 24 A. I -- 25 Q. -- this is not easy for me. REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 222 Q. Yeah, I -- I wasn't suggesting otherwise. 16:08:36 1 16:08:40 2 But you were aware, even as a 17-year-old, that they 16:08:41 3 weren't supposed to do that? 16:08:44 4 16:08:46 5 was aware that they were not supposed to do that. 16:08:48 6 It was a generation where that was kind of running 16:08:50 7 rampant. 16:08:54 8 16:09:00 9 were being recruited, that after you left school, 16:09:03 10 you might get some residual benefits from what you 16:09:07 11 did while you were in school? 16:09:08 12 A. No. 16:09:10 13 Q. And did you have an understanding that you 16:09:13 14 had no interest in the -- during the time you were 16:09:17 15 in school, getting paid off later for what you did 16:09:23 16 while you were in school? 16:09:25 17 A. At that time, no. 16:09:28 18 Q. All right. 16:09:31 19 were going there to play football and get as good a 16:09:36 20 education as you could, and maybe, when you got out 16:09:39 21 of school, you'd be good enough to go into the NFL 16:09:43 22 and famous enough to get some good gigs. 16:09:45 23 right? 16:09:48 24 25 A. Q. A. I cannot say I -- I cannot truthfully say I Did anybody ever discuss with you, when you And so you knew full well you Is that The university does talk about the strength of their alumni to help players upon graduation. So REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 223 I would throw that in there. But yes. 16:09:55 1 16:09:57 2 16:10:01 3 help players would be in contacts and jobs and that 16:10:02 4 sort of thing? 16:10:06 5 A. Yes. 16:10:10 6 Q. But nobody ever said that "If you come here 16:10:17 7 to school," that "we're going to give you a share of 16:10:21 8 some game film royalties that might get sold 20 or 16:10:23 9 30 years from now? 16:10:25 10 A. Nobody ever said that to me. 16:10:28 11 Q. And what about the reverse of that? 16:10:32 12 anybody ever say, "And by the way, you're not going 16:10:34 13 to get a share of anything down the road"? 16:10:37 14 16:10:39 15 A. It was -- it was not discussed. 16:10:41 16 Q. Anybody ever ask you to sign anything in 16:10:44 17 16:10:47 18 A. I do not recall. 16:10:51 19 Q. So you've now been out in the world and had 16:10:54 20 experience in the NFL and the NFLPA. 16:10:57 21 these kinds of rights agreements, right? 16:10:59 22 MR. CLOBES: 16:11:01 23 THE WITNESS: 16:11:01 24 25 Q. Okay. And the strength of the alumni to Did Was it discussed one way or the other? which you gave up your rights? You've seen Objection to form. I don't know what kind, sir. BY MR. CURTNER: Q. Okay. So do -- you understand what a -- REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Kerwin Ray Ellis 09-cv-1967-CW November 3, 2011 Page 289 CERTIFICATE OF REPORTER 1 2 I, JOHN WISSENBACH, a Certified Shorthand 3 Reporter, hereby certify that the witness in the 4 foregoing deposition was by me duly sworn to tell 5 the truth, the whole truth, and nothing but the 6 truth in the within-entitled cause; 7 That said deposition was taken down in 8 shorthand by me, a disinterested person, at the time 9 and place therein stated, and that the testimony of 10 the said witness was thereafter reduced to 11 typewriting, by computer, under my direction and 12 supervision; 13 That before completion of the deposition, 14 review of the transcript [X] was [ ] was not 15 requested. 16 deponent (and provided to the reporter) during the 17 period allowed are appended hereto. If requested, any changes made by the 18 I further certify that I am not of counsel 19 or attorney for either or any of the parties to the 20 said deposition, nor in any way interested in the 21 event of this cause, and that I am not related to 22 any of the parties thereto. 23 DATED: 24 _____________________________ 25 JOHN WISSENBACH, CSR No. 6862 REPORTED BY: John Wissenbach www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

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