Timebase Pty Ltd v. Thomson Corporation, The

Filing 118

MEMORANDUM in Support re 116 MOTION to Compel Responses to Interrogatories 1 and 8 filed by Timebase Pty Ltd. SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 2/12/10. (Gasey, Arthur) Modified on 2/12/2010 (akl).

Timebase Pty Ltd v. Thomson Corporation, The

Doc. 118 Att. 32

Exhibit 41

Dockets.Justia.com

Andrew Morris - 5/6/2009 LeMond Cycling, Ine. vs. Trek Bicycle Corporation

Page 1
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT CIVIL ACTION NO. MINN. 08-CV-01010

-____________---___-_______
LeMOND CYCLING, INC. , Plaintiff , -versusTREK BICYCLE CORPORATION, Defendant.

X

:

___________________________

X

Deposition of ANDREW MORRIS, taken pursuant to the Federal Rules of Civil Procedure, at the offices of Sanders, Gale Russell, 438 Orange Street, New Haven, Connecticut, before James A. Martone, L.S.R. #00248, and a Notary Public in and for the State of Connecticut, on May 6, 2009, at 9:32 a.m.
E;

Depo International, Inc. [phone] or [phone] [e-mail].

Andrew Morris - 5/6/2009 LeMond Cycling, Inc. vs. Trek Bicycle Corporation

Page 3C

1
2
3

r e c a l l whether G r e g w a s p a r t of t h e presentation or whether he w a s t h e r e , and I d o n ' t remember what year it w a s .
(2.

4
5
6

Okay.

Now we were talking about items

that were raised with the board that were out of the ordinary that stood out to you a few minutes ago.
A.

7
8
9

Uh-huh.

Q.

Now I want to talk a little bit about

times during your tenure on the board of directors, where Mr. LeMond was the subject of any discussions at board meetings.
Do you recall incidents where

10
11

12
13

Mr. LeMond was a topic of discussion at board meetings?
A.

14
15
16

Yes.

Q.
A.

How many such incidents do you recall?
Maybe two.

17
18 19

Q.

Two.

If you can, starting with the

earliest one, if they're far enough part in time that you can distinguish, starting -- or in any order, can you start with one and describe what you recall about that, the discussion and the issue.
A.

20 21

22 23
24
/-

I don't recall.

I think 1 asked the

question because I think I had seen something i n the paper, and I s u s p e c t t h a t might be around the turn

25

of the century, 2 0 0 0 , 2 0 0 1 .

Depo International, Inc. [phone] or [phone] [e-mail]

Andrew Morris - 5/6/2009 LeMond Cycling, Inc. vs. Trek Bicycle Corporation

Page 34

1
2
3

Q.

Okay. But it was something I had seen in the

A.

paper prior to coming to a meeting.

4 5
6

Q.

Do you recall what you had seen?
No, I don't. I don't remember the

A.
details.

It had to do with Greg and being

7
8

questioned, and I don't remember the context of it.

Q.

Was it --

Do you recall if it was related

9

to Lance Armstrong or something else? A.

10
11

I think the only reason I would have asked

the question, it probably did, but I don't remember,
(1.

12
13

Okay.

What about the second incident that

you recall, where Greg was a topic of discussion at the board? A. It was that board meeting which was

14

15
16

requested, all the board members were requested to

17
18 19
20

-Q.
A. Okay.

--

send their point of view.

Q.

Starting with the 2001, and what you

21 22 23 24 25

recall is that you asked a question based on something you had seen in the paper, do you recall how much discussion there was at the board level about your question or anything related to that?

MR. WEBER:

Let me just --

Depo International, Ine. [phone] or [phone] [e-mail]

Andrew Morris - 5/6/2009 LeMond Cycling, Inc. vs. Trek Bicycle Corporation

Page 35

1
2
3

A.

No.

MR. WEBER:

Just a second.

Let me You put in

just object to the form of the question.

4
5
6
7
8

the year 2001, and the witness said sometime around the turn of the century.
A.
idea.
I d o n ' t remember.

I haven' t t h e foggiest

Q.
A.
Q.

That's fine.

Okay.

9
10

What w a s your q u e s t i o n a g a i n , p l e a s e ?

I'm just curious if you remember anything

11 12
13 14
15

in terms of how much discussion there was around
2001, the way you phrased it, around the turn of the

century.
A.
Q.

I t w a s j u s t f i v e minutes; very s h o r t .

D o you remember who participated in those

16
17

discussions?
A.
Q.

The board m e m b e r s . D o you remember which specific ones?
Yes.

18 19

A.

The q u e s t i o n w a s asked of John and

20
21

John answered i t .

Q.
A.

Do you remember what John's answer was?
No.

22 23

O t h e r t h a n h e w a s aware of t h e

s i t u a t i o n s , I d o n ' t recall.

24
25

Q.

Okay.

Do you ever recall any discussions

at the board about Mr. LeMond and a contract that he

Depo International, Inc. [phone] or [phone] [e-mail]