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 F In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 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 HARRY FLOURNOY, JR. NOVEMBER 8, 2011 9:00 A.M. KILPATRICK TOWNSEND & STOCKTON LLP 1100 PEACTHREE 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, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 8 1 is Peter Boyle, I represent the Collegiate 09:18:22 2 Licensing Company, also known as CLC. 09:18:24 3 two ground keeping rules before we start. 4 going to ask you a series of questions, my 09:18:31 5 co-counsel will ask you a series of questions. 09:18:34 6 I'm going to ask you if you don't understand a 09:18:38 7 question, let us know, is that fair? 09:18:40 One or I'm 09:18:26 8 A. That's fair. 09:18:42 9 Q. If we ask a question or I ask a 09:18:43 10 question and you answer it I'm going to assume 09:18:45 11 you understand, fair? 09:18:47 12 A. That's fair. 09:18:48 13 Q. Can you please state your full name 09:18:49 14 for the record? 09:18:51 15 A. Harry Flournoy, Jr. 16 Q. And where do you reside, Mr. Flournoy? 09:18:53 17 A. I reside in McDonough, Georgia. 09:18:55 18 Q. How long have you lived there? 09:18:58 19 A. Two years. 09:18:59 20 Q. Where did you live before you lived in 09:19:00 21 McDonough, Georgia? 09:18:52 09:19:03 22 A. Yorba Linda, California. 09:19:05 23 Q. How long did you live in Yorba Linda? 09:19:08 24 A. 12 years. 09:19:11 25 Q. And before Yorba Linda where did you 09:19:11 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 34 1 A. Yes. 2 Q. Did you talk to Coach Haskins when you 09:49:43 3 09:49:42 were being recruited? 09:49:45 4 A. I -- in Indiana I talked to him. 09:49:46 5 Q. Oh, he came to visit your house? 09:49:50 6 A. Yes. 09:49:51 7 Q. Piece of your mother's pie? 09:49:53 8 A. Yes. 09:49:55 9 Q. That sealed the deal? 09:49:56 10 A. Yes. 09:49:57 11 Q. All right. 12 And Texas Western gave you 09:50:00 a scholarship, right? 09:50:10 13 A. Yes. 09:50:12 14 Q. Was it a full scholarship? 09:50:13 15 A. Yes. 09:50:15 16 Q. So paid for all tuition? 09:50:15 17 A. Yes. 09:50:17 18 Q. All four years? 09:50:18 19 A. Yes. 09:50:19 20 Q. Room and board? 09:50:20 21 A. Yes. 09:50:21 22 Q. Were there any stipends or anything 09:50:23 23 else that were attached to the scholarship, 09:50:25 24 receive any extra money? 09:50:28 25 A. What -- I'm not sure what you mean 09:50:30 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 63 1 A. No. 10:42:52 2 Q. The trading cards, did you authorize 10:42:52 3 the use of your name and likeness for the 10:42:57 4 trading cards? 10:43:00 5 A. Yes. 10:43:00 6 Q. The team picture, what about that, is 10:43:09 7 that the picture of the team posing with the 10:43:12 8 championship trophy? 10:43:14 9 A. No. 10:43:16 10 Q. What team picture are you talking 10:43:16 11 about? 12 A. 13 10:43:19 Celebratory picture after the game, championship game. 10:43:19 10:43:24 14 Q. And where did you see that picture? 10:43:25 15 A. I saw it in Washington, D.C. 10:43:30 16 Q. Where in Washington did you see it, 10:43:36 17 the White House? 10:43:39 18 A. No. 10:43:40 19 Q. Where in D.C.? 10:43:40 20 A. At a Hotel Washington. 10:43:41 21 Q. Which is now a W, it's a very nice 10:43:46 22 hotel. 23 A. It was going to be. 10:43:58 24 Q. Who was going to sell it? 10:43:59 25 A. Steiner. 10:44:02 Was it for sale? 10:43:49 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 78 1 remember ever appearing on any type of program 11:01:02 2 that focused on your Texas Western basketball 11:01:06 3 team since leaving college at the time the 11:01:09 4 movie came out? 11:01:12 5 A. No. 11:01:17 6 Q. That '66 championship game against 11:01:23 7 Kentucky, that game's come to have a fairly 11:01:38 8 significant historical meaning, right? 11:01:41 9 MR. CLOBES: 11:01:43 10 Objection, form. BY MR. BOYLE: 11:01:45 11 Q. Let me rephrase. 11:01:45 12 A. In my opinion. 11:01:46 13 Q. You think it's socially and 11:01:47 14 historically significant, that game? 11:01:51 15 MR. CLOBES: 11:01:54 16 THE WITNESS: Objection, form. I can't speak for 11:01:55 17 everybody else, only for myself and only in my 11:01:56 18 opinion. 11:01:59 19 BY MR. BOYLE: 11:01:59 20 Q. That's all I'm seeking right now. 11:01:59 21 A. In my opinion, yes. 11:02:04 22 Q. Tell me a little bit about why you 11:02:06 23 think that. 11:02:08 24 A. 11:02:10 25 Because any time you do something for the first time it has significance. We were 11:02:18 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 79 1 the first ones to do that. 2 it was significant. 3 Q. And in my opinion 11:02:22 11:02:25 And when you say that, you mean Coach 11:02:27 4 Haskins started five African-American players 11:02:31 5 in an NCAA tournament game? 11:02:35 6 A. Yes. 11:02:38 7 Q. And Kentucky was an all-white team, 11:02:39 8 right? 9 A. Yes. 10 Q. What was the final score? 11 right? 12 A. Yes. 11:02:46 13 Q. What was the final score? 11:02:46 14 A. 72-65. 11:02:48 15 Q. Do you think that game has 11:02:50 16 significance to younger generations, people 11:02:53 17 who weren't alive at that time? 11:02:56 11:02:42 MR. CLOBES: 19 THE WITNESS: 21 22 You won, Objection, form. In my opinion, yes. BY MR. BOYLE: Q. 11:02:43 11:02:46 18 20 11:02:42 You think there are lessons they can take from that game? 11:02:58 11:03:00 11:03:00 11:03:02 11:03:04 23 A. In my opinion, yes. 11:03:05 24 Q. You think it's a good thing that 11:03:09 25 people from my generation who weren't alive 11:03:11 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 80 1 can see that game on DVD or maybe 11:03:14 2 rebroadcasts? 11:03:17 3 A. Again, in my opinion, yes. 11:03:18 4 Q. Who ought to get to decide whether 11:03:20 5 that game gets to be rebroadcast? 6 MR. CLOBES: 7 THE WITNESS: 8 question for you, sir. 9 11:03:22 Objection, form. I can't answer that BY MR. BOYLE: I don't know. 11:03:25 11:03:26 11:03:27 11:03:27 10 Q. You don't know? 11:03:29 11 A. No. 11:03:30 12 Q. Should you get a say? 11:03:30 13 A. In my opinion, yes. 11:03:35 14 Q. Should Pat Riley get a say? 11:03:37 15 A. I don't know. 11:03:39 16 Q. He appeared in the game, right? 11:03:41 17 A. I can only speak for me. 11:03:43 18 19 I don't know. Q. 11:03:46 You don't have an opinion on who 11:03:46 20 should get a say about whether that game gets 11:03:48 21 rebroadcast or not? 11:03:50 22 A. In my opinion, yes. 11:03:53 23 Q. Anyone appearing in the game ought to 11:03:57 24 get a say? 11:03:59 25 A. 11:04:01 In my opinion, yes. REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 90 1 Q. Anyone else? 11:12:26 2 A. Yes. 11:12:28 3 Q. Who? 11:12:29 4 A. Mr. Worsley. 11:12:30 5 Q. Anyone else? 11:12:35 6 A. No. 11:12:37 7 Q. When did you talk to Mr. Worsley about 11:12:38 8 the case? 11:12:40 9 A. It was recently, this year. 11:12:42 10 Q. Give me a little bit about the 11:12:52 11 substance of the conversation. 12 say to him and vice-versa? 13 14 A. What did you I just told him there was a class action case pending. 11:12:54 11:12:55 11:12:58 11:13:05 15 Q. Did you ask him to join? 11:13:09 16 A. No, I did not. 11:13:11 17 Q. Did he express any interest in 11:13:13 18 joining? 11:13:18 19 A. No, he did not. 20 Q. Did he give you any opinion about what 11:13:21 21 he thought about this case? 11:13:19 11:13:23 22 A. No, he did not. 11:13:25 23 Q. So when you were playing, you were 11:13:28 24 subjected to some NCAA eligibility rules, 11:13:48 25 right? 11:13:51 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 91 1 A. Yes. 11:13:52 2 Q. Are you aware of whether those rules 11:13:57 3 in any way prevented you from selling the 11:13:58 4 rights to your name and likeness after having 11:14:01 5 left college? 11:14:06 6 A. No, I'm not aware. 7 Q. You're free to sell the rights to your 11:14:11 11:14:09 8 name and likeness, in fact, you've done it 11:14:14 9 before, right? 11:14:16 10 A. Yes. 11 Q. Okay. 11:14:16 Has anything that CLC ever done 11:14:17 12 prevented you from selling the rights to your 11:14:22 13 name or likeness? 11:14:24 14 A. No. 11:14:25 15 Q. How about EA, did they ever prevent 11:14:25 16 you from selling your rights to your name and 11:14:28 17 likeness? 11:14:32 18 A. No. 11:14:32 19 Q. Did you ever have any plans to sell 11:14:33 20 the rights to your name and likeness but 11:14:36 21 changed those plans because of anything the 11:14:38 22 defendants in this case ever did to you? 11:14:41 23 24 25 A. I don't understand that question. Could you repeat that? Q. Sure, sure, we can break it down if 11:14:44 11:14:47 11:14:48 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 92 1 2 it's easier. 11:14:50 You've testified the NCAA never prevented 11:14:53 3 you from selling the rights to your name and 11:14:55 4 likeness, right? 11:14:58 5 A. Yes. 6 Q. Ever have any plans to try to sell the 11:15:00 11:14:58 7 rights to your name and likeness but decided 11:15:04 8 to change those plans because anything NCAA 11:15:08 9 ever did to you? 11:15:11 10 A. No. 11:15:12 11 Q. CLC, did you ever have any plans to 11:15:13 12 sell your rights and something CLC did made 11:15:15 13 you change your rights? 11:15:18 14 messed that one up. 15 plans to sell your name and likeness and 11:15:25 16 something CLC did made you change those plans? 11:15:27 Or let me rephrase, I Did you ever have any 11:15:23 17 A. No. 18 Q. How about EA, did you ever change your 11:15:31 11:15:30 19 plans to sell your name and likeness rights 11:15:33 20 because of anything EA did? 11:15:36 21 A. 22 23 No. 11:15:38 MR. BOYLE: Can we go off the record? 11:15:40 11:15:42 24 MR. CLOBES: 25 MR. BOYLE: Sure. Let's take a break. 11:15:42 11:15:43 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 120 1 connection -- connected to the movie? 2 there toys or Happy Meals toys or video games 01:13:49 3 or anything like that? 01:13:53 Were 01:13:47 4 A. Not that I know of. 5 Q. And just so we're clear, the movie was 01:13:55 01:13:54 6 about the 1965/66 Texas Western basketball 01:13:59 7 season, right? 01:14:04 8 A. Only in part. 9 Q. Well, significant part, more than half 01:14:10 10 01:14:06 of the movie focused on that season, right? 01:14:12 11 A. I guess you could say that, yes. 01:14:21 12 Q. And you granted Disney your rights as 01:14:24 13 it relates to your participation on that 01:14:27 14 championship team in 1965/'66, right? 01:14:29 15 A. Yes. 16 Q. If you could turn to AP 001856. 01:14:34 This 01:14:59 17 assignment reads, "The undersigned for value 01:15:23 18 received hereby sells, assigns, transfers and 01:15:27 19 grants in perpetuity unto Walt Disney Pictures 01:15:30 20 and it's successors and assigns, herein called 01:15:35 21 assignee, all rights, title in and to the Life 01:15:38 22 Story rights." 01:15:43 23 24 25 Do you see that? MR. CLOBES: First three lines on the top paragraph. THE WITNESS: 01:15:44 01:15:46 Maybe I got the 01:16:05 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 191 1 2 Q. Well, you're seeking to represent these folks as a class representative, right? 03:07:11 03:07:14 3 A. Yes. 4 Q. You don't have any opinion on how much 03:07:16 03:07:15 5 the various class members ought to get for 03:07:18 6 these things? 03:07:20 7 A. No. 03:07:21 8 Q. Have you ever bought any of the DVDs 03:07:22 9 that you have seen that contain the game 03:07:29 10 between Kentucky and Texas Western from the 03:07:32 11 1966 NCAA finals? 03:07:35 12 A. No. 03:07:37 13 Q. Have you ever bought any of the 03:07:42 14 products that you believe contain your name or 03:07:44 15 likeness? 03:07:46 16 A. No. 03:07:47 17 Q. You've had some opportunities to 03:07:47 18 receive compensation for the use of your name 03:08:01 19 and likeness since leaving Texas Western, 03:08:04 20 right? 03:08:06 21 A. Yes. 22 Q. Okay. We've established that? 03:08:07 A lot of other former NCAA 03:08:08 23 athletes never get those opportunities, 03:08:12 24 correct? 03:08:14 25 MR. CLOBES: Objection to form. 03:08:15 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 204 1 is James Slaughter. 2 today. 3 afternoon. 03:24:12 4 A. Good afternoon. 03:24:12 5 Q. Do you have any objection to 03:24:13 We met briefly earlier I represent Electronic Arts. Good 03:24:06 03:24:09 6 Mr. Tredennick -- and I apologize if I 03:24:16 7 pronounced his name wrong -- do you have any 03:24:16 8 objection to Mr. Tredennick producing 03:24:16 9 nonprivileged documents in his possession 03:24:18 related to this lawsuit? 03:24:20 10 11 A. Do I have any objections? 12 Q. You graduated in 1966, correct? 03:24:44 13 A. No. 03:24:46 14 Q. Did you graduate from Texas Western? 03:24:47 15 A. Yes, I did. 03:24:49 16 Q. In what year? 03:24:50 17 A. 1969. 03:24:51 18 Q. So took some time following your 03:24:52 No. 03:24:27 19 completion of your playing days to finish your 03:24:55 20 degree? 03:24:58 21 A. Yes. 03:24:58 22 Q. What did you get your degree in? 03:24:59 23 A. I was a Bachelor of arts degree. 03:25:01 24 Q. And what was your major? 03:25:04 25 A. Education. 03:25:06 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 211 1 A. Yes. 03:31:46 2 Q. You didn't start giving speeches for 03:31:47 3 money until after the Glory Road movie was 03:31:49 4 released, correct? 03:31:54 5 A. Correct. 03:31:55 6 Q. It wasn't until after the Glory Road 03:31:56 7 movie was released and there was wide 03:32:00 8 attention to the important work that you and 03:32:02 9 your teammates did and the significance of the 03:32:06 10 game, championship game in which you played 03:32:09 11 that garnered sufficient attention for people 03:32:11 12 to seek out your views and ask you to speak, 03:32:14 13 correct? 03:32:16 14 MR. CLOBES: 15 THE WITNESS: 16 17 Objection to form. Correct. BY MR. SLAUGHTER: Q. You were on the cover of Sports 03:32:16 03:32:20 03:32:24 03:32:24 18 Illustrated after your championship game, 03:32:27 19 correct? 03:32:28 20 A. Yes. 03:32:29 21 Q. Did Sports Illustrated ask your 03:32:30 22 permission before they put you on the cover? 03:32:32 23 A. No. 03:32:34 24 Q. Were you paid any compensation for 03:32:35 25 appearing on the cover of Sports Illustrated? 03:32:38 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 212 1 A. No. 03:32:40 2 Q. Did you object to Sports Illustrated 03:32:41 3 in any way with respect to being on the cover? 03:32:44 4 A. No. 03:32:48 5 Q. Were you proud to be on the cover of 03:32:48 6 Sports Illustrated? 03:32:51 7 A. Yes. 8 Q. Do you think Sports Illustrated should 03:32:53 9 have paid you to put you on the cover? 03:32:52 03:32:57 10 A. Do I think? 03:33:00 11 Q. Yes, do you think that Sports 03:33:03 12 Illustrated should have paid you for putting 03:33:05 13 an image of you and Mr. Riley on the cover of 03:33:08 14 Sports Illustrated? 03:33:11 15 A. No. 03:33:12 16 Q. Why not? 03:33:13 17 A. Because we were college, still 03:33:13 18 19 20 participating in college at that time. Q. Well, that was -- your championship year was your senior year; is that right? 03:33:17 03:33:21 03:33:23 21 A. Yes. 03:33:25 22 Q. You had played your last game, that 03:33:26 was by definition your last collegiate game? 03:33:28 23 24 A. Yes. 03:33:31 25 Q. Correct? 03:33:31 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 234 1 interest than the former players; is that 03:55:47 2 right? 03:55:50 3 A. I don't know what you mean by that. 03:55:50 4 Q. Okay. 03:55:52 Fair enough. The current 5 players, were they to receive compensation, 03:55:53 6 could risk losing their eligibility to play, 03:55:57 7 is that right, as you understand it? 03:56:00 8 A. Yes. 03:56:02 9 Q. Former players don't have that risk? 03:56:02 10 A. Correct. 03:56:04 11 Q. So the former players and the current 03:56:05 12 players are situated differently? 03:56:07 13 A. Correct. 03:56:10 14 Q. You seek to represent -- strike that. 03:56:25 15 16 What group -- strike that. 03:56:29 You seek to represent all former Division I 03:56:33 17 college football and basketball players, 03:56:38 18 correct? 03:56:41 19 A. Correct. 03:56:41 20 Q. And you believe -- should a team of 03:56:41 21 players receive compensation even if their 03:56:49 22 game, for instance, doesn't appear in one of 03:56:54 23 EA's games? 03:56:58 24 25 MR. CLOBES: BY MR. SLAUGHTER: Compensation from EA? 03:56:59 03:57:08 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 236 1 appeared in the game; is that right? 03:58:04 2 MR. CLOBES: 03:58:05 3 THE WITNESS: Objection, form. I'm not sure about 03:58:09 4 that. 03:58:14 5 BY MR. SLAUGHTER: 03:58:14 6 Q. You're not sure about that why? 03:58:16 7 A. Because with TV cameras, they would 03:58:19 8 9 scan the bench. Q. Okay. 03:58:24 Fair enough. If a player never 03:58:24 10 was on the team -- so now I'm going to give 03:58:28 11 you a hypothetical question, okay. 03:58:31 12 player gets injured, plays the whole season on 03:58:35 13 the team, gets injured before the last game 03:58:37 14 and isn't able to make it to the game, so he's 03:58:41 15 not in the arena at the time of the game, but 03:58:44 16 that game is broadcast on television and after 03:58:46 17 the students graduate it's subsequently 03:58:49 18 rebroadcast, should that student athlete who 03:58:51 19 wasn't able to make it to the game, wasn't on 03:58:55 20 the broadcast, share in any compensation 03:58:59 21 afforded to the players who did appear in the 03:59:03 22 game? 03:59:06 23 MR. CLOBES: 24 THE WITNESS: 25 BY MR. SLAUGHTER: If a Objection, form. Yes. 03:59:06 03:59:07 03:59:07 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 237 1 Q. Why? 2 A. Because he's still a part of the team. 03:59:09 3 Q. His name and image wasn't used in the 03:59:08 03:59:11 4 broadcast, though, right, but he should 03:59:14 5 nevertheless be compensated? 03:59:16 6 A. Yes. 03:59:19 7 Q. What is he being compensated for? 03:59:20 8 A. He's a part of the team. 03:59:22 9 Q. And he's being compensated for the 03:59:25 10 work that he put in along with his other 03:59:27 11 teammates during the course of the season that 03:59:30 12 he was a member of the team? 03:59:32 13 A. Yes. 14 15 03:59:35 THE WITNESS: moment? Can I stop for one My throat is dry. 16 03:59:50 Why don't we go 03:59:55 17 off the record and take a five minute break. 03:59:56 18 THE VIDEOGRAPHER: 03:59:59 19 MR. SLAUGHTER: 03:59:49 3:59 p.m. The time is We're off the record. 04:00:09 20 (Brief recess). 04:00:11 21 THE VIDEOGRAPHER: 22 4:09 p.m. 23 The time is BY MR. SLAUGHTER: 24 25 Q. We're back on the record. You believe, Mr. Flournoy, that you and your teammates ought to have -- you know, 04:09:53 04:09:55 04:09:58 04:09:59 04:10:01 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 257 1 MR. CLOBES: Second page of the 04:33:58 2 autobiographical? 04:34:01 3 BY MR. SLAUGHTER: 04:34:01 4 Q. The second page of the 04:34:01 5 autobiographical sketch, the third page of the 04:34:03 6 exhibit, do you see the paragraph at the top 04:34:05 7 that starts "setting certain athletic goals"? 04:34:07 8 9 MR. CLOBES: paragraph. 10 11 12 It's the third 04:34:12 THE WITNESS: Yes. 04:34:12 BY MS. KEFALAS: Q. 04:34:11 04:34:12 There's a sentence in here I want to 04:34:14 13 read and then I'll ask you some questions 04:34:16 14 about it. 04:34:17 15 A. Okay. 04:34:18 16 Q. It's in that paragraph, it says, "I 04:34:18 17 discovered that my education coupled with my 04:34:21 18 athletics were developing more than your 04:34:23 19 intellect and basketball skills. 04:34:27 20 that this experience was going to develop my 04:34:29 21 character. 04:34:31 22 different ethnic, racial and social 04:34:34 23 backgrounds helped me to be successful in 04:34:36 24 today's diverse social environment." 04:34:37 25 see that? I discovered Interacting with students of Do you 04:34:40 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 258 1 A. Yes. 04:34:40 2 Q. And you wrote that sentence as well? 04:34:41 3 A. Well, I had help with my daughter, my 04:34:43 4 daughter helped me. 04:34:45 5 Q. Did she serve as an editor? 04:34:46 6 A. Yes. 04:34:49 7 Q. Do you believe that statement today as 04:34:50 8 9 10 you reread it? A. Yes. Well, can I -- I don't know what 04:34:55 the word is. 11 12 04:34:54 04:35:04 MR. CLOBES: Do you want to explain your answer? 13 THE WITNESS: 04:35:05 04:35:06 I don't know what 04:35:07 I believe in this statement up 04:35:07 14 the word is. 15 to a point now. 16 develops your character. 17 uncovers your character. 04:35:29 18 BY MS. KEFALAS: 04:35:30 19 Q. I don't believe that it I believe it Would you agree that it provides an 04:35:14 04:35:18 04:35:30 20 opportunity for student athletes who take 04:35:31 21 advantage of it to develop their characters? 04:35:34 22 A. Yes. 04:35:37 23 Q. You testified previously that you 04:35:38 24 stayed in school after you were done playing 04:35:40 25 basketball for a few years in order to finish 04:35:42 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 259 1 your degree; is that correct? 04:35:45 2 A. Yes. 3 Q. And so you set a high value in getting 04:35:48 4 and finishing that education? 04:35:46 04:35:50 5 A. Yes. 04:35:51 6 Q. Did you think that the collegiate 04:35:53 7 career in which you both participated in 04:35:57 8 athletics and finished your education was a 04:36:00 9 good experience for you? 04:36:02 10 A. Yes. 04:36:03 11 Q. And that was because you took 04:36:09 12 advantage of the opportunities you were given 04:36:10 13 and worked hard at it? 04:36:11 14 A. Yes. 04:36:14 15 Q. Did you know of others either at the 04:36:15 16 time or since that were given the same 04:36:17 17 opportunities and perhaps didn't take 04:36:19 18 advantage of those opportunities? 04:36:22 19 20 21 A. Could you explain what you mean by others? Q. 04:36:25 04:36:27 Well, other student athletes who 04:36:27 22 didn't appreciate the opportunities that were 04:36:30 23 given, didn't concentrate on their studies or 04:36:32 24 participate as hard as they could have on 04:36:36 25 their team? 04:36:38 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 260 1 MR. CLOBES: 2 THE WITNESS: Objection, form. 04:36:39 You're talking about 04:36:41 3 Texas Western? 04:36:43 4 BY MS. KEFALAS: 04:36:43 5 Q. Texas Western or student athletes that 04:36:47 6 you may have encountered since you've left 04:36:48 7 school. 04:36:51 8 A. Yes. 04:36:53 9 Q. Do you think that has a negative 04:36:56 10 impact on their life when they don't take 04:36:57 11 advantage of the opportunities they receive? 04:37:00 12 MR. CLOBES: 13 THE WITNESS: 14 Objection 15 611 Objection, form. Yes. BY MS. KEFALAS: Q. Did you get financial aid to finish 04:37:02 04:37:03 04:37:03 04:37:05 16 your degree when you were done with 04:37:07 17 basketball? 04:37:09 18 A. No. 04:37:10 19 Q. Mr. Slaughter asked you some questions 04:37:10 20 about whether or not NCAA rules preventing 04:37:19 21 current student athletes from receiving 04:37:21 22 various forms of compensation should be 04:37:23 23 changed. 04:37:26 Do you remember those questions? 24 A. Yes. 04:37:27 25 Q. Do you think that schools should pay 04:37:30 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 261 1 student athletes a salary for their 04:37:31 2 participation in intercollegiate athletics? 04:37:33 3 A. I'm not an expert on how that should 04:37:44 I don't know that salary is a word 04:37:47 4 be done. 5 that I would use. 6 Q. 04:37:49 Do you think that college sports would 04:37:49 7 be the better for becoming more 04:37:56 8 professionalized? 04:37:58 9 MR. CLOBES: 10 THE WITNESS: 11 Could you repeat that one more time from -- 12 13 Objection, form. MR. CLOBES: THE WITNESS: Do you want it No, she can repeat 15 it. 16 need to hear it again. 17 and some things leave me quick. I'm mulling it over in my head and I just 18 19 I'm getting old now MR. CLOBES: 04:38:03 04:38:15 rephrased or do you want repeated? 14 04:37:59 The court reporter can reread it. 04:38:15 04:38:17 04:38:17 04:38:18 04:38:22 04:38:25 04:38:27 04:38:27 20 (The record was read.) 04:38:36 21 THE WITNESS: 04:38:46 What do you mean by 22 professionalized? 04:38:47 23 BY MS. KEFALAS: 04:38:47 24 25 Q. I mean that there would be a labor market for students athletes to participate on 04:38:50 04:38:51 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 262 1 the team and they would compete for salaries 04:38:54 2 like in the pros. 04:38:56 3 MR. CLOBES: 4 THE WITNESS: 5 6 Objection, form. No. BY MS. KEFALAS: Q. 04:38:57 04:39:01 04:39:01 Do you think that the NCAA bylaws and 04:39:03 7 member institutions should still require 04:39:07 8 student athletes to go to class? 04:39:10 9 A. Yes. 10 Q. Should there still be progress towards 04:39:14 11 04:39:13 degree requirements? 04:39:17 12 A. Yes. 04:39:18 13 Q. You understand that those rules 04:39:19 14 regarding progress towards degree requirements 04:39:22 15 have changed since you were in school? 04:39:24 16 MR. CLOBES: 04:39:28 17 THE WITNESS: 18 19 Objection to form. No. BY MS. KEFALAS: Q. Did you understand what any of the 04:39:30 04:39:30 04:39:33 20 rules for your academic requirements were in 04:39:36 21 1965 and '66? 04:39:39 22 A. Yes. 04:39:42 23 Q. Were you required to go to class and 04:39:44 24 25 pass your classes? A. Yes. 04:39:47 04:39:48 REPORTED BY: Steven S. Huseby, RPR, CCR www.huseby.com HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400 In Re NCAA Student-Athlete, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 273 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, et al. Harry Flournoy, Jr. 09-cv-1967-CW November 8, 2011 Page 274 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 10th day of November, 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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