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 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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]