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 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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]

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 [phone]