LeMond Cycling, Inc. v. Trek Bicycle Corporation

Filing 139

Attachment 21
DECLARATION of Emily S. Zastrow in Opposition to 117 Memorandum in Support of Motion, 114 MOTION for Summary Judgment filed by Trek Bicycle Corporation. (Attachments: # 1 Placeholder for Exhibits 45,55-57,61,66,70,74, # 2 Placeholder for Exhibits 46-47, # 3 Exhibit 46, # 4 Exhibit 47, # 5 Exhibit 48, # 6 Exhibit 49, # 7 Exhibit 51, # 8 Exhibit 51, # 9 Exhibit 52, # 10 Exhibit 53, # 11 Exhibit 54, # 12 Exhibit 58, # 13 Exhibit 59, # 14 Exhibit 60, # 15 Exhibit 62, # 16 Exhibit 63, # 17 Exhibit 64, # 18 Exhibit 65, # 19 Exhibit 67, # 20 Exhibit 68, # 21 Exhibit 69, # 22 Exhibit 71, # 23 Exhibit 72, # 24 Exhibit 73, # 25 Exhibit 75, # 26 Exhibit 76)(Rolf, Benjamin) SEALED DOCUMENTS RECEIVED IN CLERKS OFFICE on 8/5/2009 (lph). Modified attachment text on 8/6/2009 (RLR).

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LeMond Cycling, Inc. v. Trek Bicycle Corporation Doc. 139 Att. 21 Case 0:08-cv-01010-RHK-JSM Document 139-22 Filed 08/05/09 Page 1 of 12 ZASTROW EXHIBIT 71 Dockets.Justia.com Case 0:08-cv-01010-RHK-JSM Document 139-22 Filed 08/05/09 Page 2 of 12 Transcript of Proceedings - August 1, 2006 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 right. LeMond Cycling, Inc. v. Trek Bicycle Corporation Case No. 08-CV-01010 (RHK/JSM) United States District Court District of Minnesota ESPN's "Mike & Mike in the Morning" Radio Show August 1, 2006 - "Just Shut Up" (Excerpt) MR. GREENBERG: Hi, everybody, Mike & Mike in the Morning, back and better than ever on ESPN2 Radio, will rejoin us momentarily. Golic, I'm glad to see you're still here, I was afraid we had traded you for cash consideration. MR. GOLIC: Well, after all of the monster -- I don't remember the last time I've seen so many big names change -- oh, they didn't, did they? MR. GREENBERG: No, not that many big names, who a whole lot of names. MR. GOLIC: A whole lot of names did, yes, you're MR. GREENBERG: You know who is the busiest person out there, the person who has to sew the letters on the backs of the uniforms, changing names of different players who got Case 0:08-cv-01010-RHK-JSM Document 139-22 Filed 08/05/09 Page 3 of 12 Transcript of Proceedings - August 1, 2006 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 traded yesterday. We have all of that and more coming up in a moment. But right now, lets take a look at all of last nights highlights in the ESPN newsroom. * * * MR. GREENBERG: Mike & Mike in the Morning on ESPN Radio, presented by the new AT&T, live on TV on ESPN2. Coming up in just a matter of moments, the funniest man in Hollywood. But first ... (Announcement of "Just Shut Up") MR. GREENBERG: If it's Tuesday, its the McDonalds Just Shut Up Award with Mike & Mike in the Morning, reminding you you can vote one of two ways for the Just Shut Up Award. First off, on ESPNRadio.com, or you can vote now for Just Shut Up from your cell phone. To vote that way, you can text MM to 4ESPN, thats 4-3-7-7-6, standard text message rates do apply. And if youre new to the program, every Tuesday we list the nominees and you make the decision on who in the world of sports most desperately needs to just shut up. And Golic, this week it begins -- I dont know what's going on with the position of wide receiver in the National Football League these days. What is going on with Jerry Porter and Oakland? MR. GOLIC: Well, Jerry Porter basically said he didn't like what was going on out there, the way it was being Case 0:08-cv-01010-RHK-JSM Document 139-22 Filed 08/05/09 Page 4 of 12 Transcript of Proceedings - August 1, 2006 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 run in Oakland with Art Shell taking over. He said his batteries didn't feel charged, and he was not going to be there in the off-season program. He told Fred Biletnikoff, the wide receiver coach, that he was going to go train in Florida, that they got into it a little bit about that. Jerry Porter says basically "I don't want to be here anymore, I want to be traded." He doesn't like what's going on, and he's not really a team leader out there, but the guy did last year get $13 million up-front, Greenie. Now he's not happy. Al Davis has come out and said, "Listen, I'm amenable to a trade, I'll trade him, not a problem." Here's the catch. Here's the catch, Greenie, we'll find out about how a player doesn't want to or wants to go how bad: If he gets traded because of the signing bonus he got last year, he's going to have to give back some of that signing bonus. He's going to have to give a little bit of a payback to the Raiders for that. And lets see if he's willing to do that and be traded. MR. GREENBERG: How much money will it cost to charge his batteries? I suppose we'll find that out, and we will see if everybody decides today he deserves to just shut up. Case 0:08-cv-01010-RHK-JSM Document 139-22 Filed 08/05/09 Page 5 of 12 Transcript of Proceedings - August 1, 2006 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next, is a gentleman by the name of Trevor Graham. He is the coach for track star Justin Gatlin, who apparently tested positive for something. And Trevor Graham, the coach, who is one of the Balco guys, -MR. GOLIC: Right, also was the coach of Marion Jones. Remember, she got in a little bit of hot water. MR. GREENBERG: The coach, Trevor Graham, claims that a massage therapist with an axe to grind -MR. GOLIC: Yep. MR. GREENBERG: -- rubbed testosterone cream on Justin Gatlin, and thats how Gatlin wound up testing positive. MR. GOLIC: You know, you almost can't think of that. I mean, really. Yes, lets see, yeah, a massage therapist who had a grudge against Gatlin got some of the cream and massaged him with that. Yeah, yeah, yeah, that's why he tested positive. Thats a beaut there, isnt it? The thing about it is - the thing about it is: Lets be crazy and say "that happened." MR. GREENBERG: Right. MR. GOLIC: They still would have to prove it. They still have to prove it. Poor Justin Gatlin. If that is true, this guy is laying down for a massage, next thing you know, he's got more testosterone than God knows what, and he'll say "what the hell happened?" Case 0:08-cv-01010-RHK-JSM Document 139-22 Filed 08/05/09 Page 6 of 12 Transcript of Proceedings - August 1, 2006 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. GREENBERG: You know what they call that in the massage world? An unhappy ending. MR. GOLIC: Oh. MR. GREENBERG: And then the final candidate for this weeks McDonald's Just Shut Up Award is cyclist Greg LeMond, who, when asked about the Floyd Landis controversy, basically used the opportunity to attack Lance Armstrong. Theres no other way to say it. MR. GOLIC: Yeah. MR. GREENBERG: He didn't use the name Lance Armstrong, but he did -- Greg LeMond did say "this is an opportunity for Floyd Landis to change around the entire perception of cycling and our sport," instead of just denying and denying and denying like someone else we know. MR. GOLIC: Like some other American rider that we know. And oh, by the way, for Floyd Landis, theres just a report coming out that some of the testosterone that came up in his test was synthetic testosterone, which doesn't bode well for his case that he had naturally high levels of testosterone. So, but again, LeMond is up for the fact that he lumped in Lance Armstrong in saying he's, you know, another American rider who denies, denies, denies. Last we checked, Lance Armstrong has never tested positive. Case 0:08-cv-01010-RHK-JSM Document 139-22 Filed 08/05/09 Page 7 of 12 Transcript of Proceedings - August 1, 2006 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. GREENBERG: So, those are your three nominees for this weeks McDoonald's Just Shut Up Award: Jerry Porter, Trevor Graham, who is the coach for Justin Gatlin, and Greg LeMond. Log on, cast your vote right now, or vote by your cell phone. We'll have todays winner, your winner, at the end of the program. * * * MR. GREENBERG: Mike & Mike in the Morning, one piece of business left to take care of today, and that would be your weekly "Just Shut Up" award. And this week, I think Im a little surprised by the result. MR. GOLIC: I am, as well. MR. GREENBERG: It may come, in part, because -well, I dont know what it is. Jerry Porter finishes in a tie for second place today. The receiver from the Raiders, he wants to trade because he says that his batteries are not charged up. MR. GOLIC: Yeah, I struggled with that and not wanting to work out there with the Raiders in the off season. Basically, he wants to trade, and Al Davis said he may try and give him one. MR. GREENBERG: He finishes tied with Trevor Graham, who is the coach of Justin Gatlin, the sprinter, and Case 0:08-cv-01010-RHK-JSM Document 139-22 Filed 08/05/09 Page 8 of 12 Transcript of Proceedings - August 1, 2006 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 he the coach says that Gatlin tested positive because a massage therapist with an axe to grind rubbed testosterone cream on Gatlin. MR. GOLIC: Beautiful. MR. GREENBERG: But your winner this week, perhaps because he's the best known to the group, is the cyclist Greg LeMond, who this time, perhaps indirectly, but always seems to take the opportunity to throw Lance Armstrong under the bus. And Mike, this week the people have spoken loudly, -MR. GOLIC: Yes. MR. GREENBERG: -- proudly -MR. GOLIC: Yes. MR. GREENBERG: -- with one voice they have said "Hey Greg LeMond, just shut up." (End of excerpt) Case 0:08-cv-01010-RHK-JSM Document 139-22 Filed 08/05/09 Page 9 of 12 Transcript of Proceedings - August 1, 2006 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ______________________ Randel Raison, CET 340 I, Randel Raison, certified electronic court transcriber, do h certify that I typed the proceeding in the foregoing matter from audio recording, and that this is as accurate a transcript of what happened at th time and place as best as is possible, due to conditions of recording and/o duplicating. CERTIFICATE CCassette Transcription ase 0:08-cv-01010-RHK-JSM Document 139-22 3: 2,22;6:17 beaut (1) 4:16 Beautiful (1) 7: 4 begins (1) 2:20 best (1) 7: 6 Biletnikoff (1) 3: 4 bit (3) 3: 6,18;4: 6 bode (1) 5:18 bonus (2) 3:16,17 bus (1) 7: 8 business (1) 6:10 cycling (1) 5:13 cyclist (2) 5: 5;7: 6 Filed 08/05/09 Page 10 of 12 Proceedings Transcript of August 1, 2006 Floyd (3) 5: 6,12,16 Football (1) 2:21 Fred (1) 3: 4 funniest (1) 2: 8 hot (1) 4: 6 $ $13 (1) 3:10 I Im (1) 6:12 indirectly (1) 7: 7 instead (1) 5:13 into (1) 3: 5 isnt (1) 4:16 D Davis (2) 3:12;6:21 days (1) 2:22 decides (1) 3:23 decision (1) 2:18 denies (3) 5:23,23,23 denying (3) 5:13,14,14 deserves (1) 3:23 desperately (1) 2:19 dont (2) 2:20;6:15 down (1) 4:22 4 4-3-7-7-6 (1) 2:16 4ESPN (1) 2:16 G Gatlin (9) 4: 2,11,11,14,21; 6: 3,24;7: 1, 3 gentleman (1) 4: 1 gets (1) 3:15 God (1) 4:23 Golic (14) 2:20,23;4: 5, 9,12, 20;5: 3, 9,15;6:13, 19;7: 4,11,13 Graham (5) 4: 1, 3, 7;6: 3,24 GREENBERG (16) 2: 6,11;3:21;4: 7, 10,19;5: 1, 4,10; 6: 1, 9,14,23;7: 5,12, 14 Greenie (2) 3:10,14 Greg (5) 5: 5,11;6: 3;7: 6, 15 grind (2) 4: 8;7: 2 group (1) 7: 6 grudge (1) 4:14 guy (2) 3:10;4:22 guys (1) 4: 4 A again (1) 5:21 against (1) 4:14 Al (2) 3:12;6:21 almost (1) 4:12 always (1) 7: 7 amenable (1) 3:13 American (2) 5:15,23 Announcement (1) 2:10 anymore (1) 3: 8 apparently (1) 4: 2 apply (1) 2:16 Armstrong (5) 5: 7,11,22,24;7: 8 around (1) 5:12 Art (1) 3: 1 AT&T (1) 2: 7 attack (1) 5: 7 Award (5) 2:12,13;5: 5;6: 2, 11 axe (2) 4: 8;7: 2 J Jerry (5) 2:22,23;3: 7;6: 2, 15 Jones (1) 4: 6 Justin (5) 4: 2,11,21;6: 3,24 C call (1) 5: 1 came (1) 5:17 can (3) 2:13,14,15 candidate (1) 5: 4 care (1) 6:10 case (1) 5:19 cast (1) 6: 5 catch (2) 3:14,14 cell (2) 2:15;6: 6 change (1) 5:12 charge (1) 3:22 charged (2) 3: 2;6:18 checked (1) 5:23 claims (1) 4: 7 coach (8) 3: 4;4: 2, 3, 5, 7; 6: 3,24;7: 1 coming (3) 2: 1, 7;5:17 controversy (1) 5: 6 cost (1) 3:21 crazy (1) 4:17 cream (3) 4:10,15;7: 3 K known (1) 7: 6 knows (1) 4:23 E else (1) 5:14 end (2) 6: 6;7:16 ending (1) 5: 2 entire (1) 5:12 ESPN (2) 2: 4, 6 ESPN2 (1) 2: 7 ESPNRadiocom (1) 2:14 everybody (1) 3:23 excerpt (1) 7:16 L Lance (5) 5: 7,10,22,24;7: 8 Landis (3) 5: 6,12,16 last (4) 2: 3;3:10,16;5:23 laying (1) 4:22 leader (1) 3: 9 League (1) 2:21 left (1) 6:10 LeMond (6) 5: 6,11,21;6: 4; 7: 7,15 lets (4) 2: 3;3:19;4:13,17 levels (1) 5:19 list (1) 2:18 Listen (1) 3:12 little (4) 3: 6,18;4: 6;6:12 live (1) 2: 7 Log (1) (9) $13 - Log H happened (2) 4:18,24 happy (1) 3:11 hell (1) 4:24 Here's (2) 3:13,14 Hey (1) 7:15 high (1) 5:19 highlights (1) 2: 4 Hollywood (1) 2: 8 F fact (1) 5:21 feel (1) 3: 2 final (1) 5: 4 find (2) 3:14,22 finishes (2) 6:15,23 first (2) 2: 9,14 Florida (1) 3: 5 B back (1) 3:17 bad (1) 3:15 Balco (1) 4: 4 basically (4) 2:23;3: 7;5: 7; 6:21 batteries (3) Min-U-Script® Gramann Reporting, Ltd. CCassette Transcription ase 0:08-cv-01010-RHK-JSM Document 139-22 6: 5 look (1) 2: 3 loudly (1) 7: 9 lumped (1) 5:22 new (2) 2: 7,17 newsroom (1) 2: 4 Next (2) 4: 1,22 nights (1) 2: 4 nominees (2) 2:18;6: 1 2:17;3: 3;6: 7 proudly (1) 7:12 prove (2) 4:20,21 Filed 08/05/09 Page 11 of 12 Proceedings Transcript of August 1, 2006 star (1) 4: 2 still (2) 4:20,21 struggled (1) 6:19 suppose (1) 3:22 surprised (1) 6:12 synthetic (1) 5:18 2:13 U under (1) 7: 8 unhappy (1) 5: 2 up (16) 2: 1, 8,10,12,13, 15,19;3:24;4:11; 5: 5,17,21;6: 2,11, 18;7:15 up-front (1) 3:10 use (1) 5:10 used (1) 5: 7 R Radio (1) 2: 7 Raiders (3) 3:18;6:16,20 rates (1) 2:16 really (2) 3: 9;4:13 receiver (3) 2:21;3: 4;6:16 Remember (1) 4: 6 reminding (1) 2:12 report (1) 5:17 result (1) 6:12 rider (2) 5:15,23 right (4) 2: 3;4: 5,19;6: 5 rubbed (2) 4:10;7: 2 run (1) 3: 1 M man (1) 2: 8 Marion (1) 4: 5 massage (5) 4: 8,13,22;5: 2; 7: 2 massaged (1) 4:15 matter (1) 2: 8 may (2) 6:14,21 McDonalds (1) 2:11 McDonald's (1) 5: 5 McDoonald's (1) 6: 2 mean (1) 4:13 message (1) 2:16 Mike (7) 2: 6, 6,12,12;6: 9, 9;7: 9 million (1) 3:10 MM (1) 2:15 moment (1) 2: 2 moments (1) 2: 8 money (1) 3:21 more (2) 2: 1;4:23 Morning (3) 2: 6,12;6: 9 most (1) 2:19 much (1) 3:21 O Oakland (2) 2:22;3: 1 off (2) 2:14;6:20 off-season (1) 3: 3 one (5) 2:13;4: 4;6: 9,22; 7:14 opportunity (3) 5: 7,12;7: 8 out (7) 2:24;3: 9,12,14, 22;5:17;6:20 over (1) 3: 1 T team (1) 3: 9 test (1) 5:18 tested (4) 4: 3,16;5:24;7: 1 testing (1) 4:11 testosterone (6) 4:10,23;5:17,18, 20;7: 2 thats (3) 2:16;4:11,16 therapist (3) 4: 8,14;7: 2 Theres (2) 5: 8,16 three (1) 6: 1 throw (1) 7: 8 tie (1) 6:15 tied (1) 6:23 today (3) 3:23;6:10,16 todays (1) 6: 6 told (1) 3: 4 track (1) 4: 2 trade (4) 3:13,13;6:17,21 traded (4) 2: 1;3: 8,16,20 train (1) 3: 5 Trevor (5) 4: 1, 3, 7;6: 3,23 true (1) 4:22 try (1) 6:21 Tuesday (2) 2:11,17 TV (1) 2: 7 two (1) V voice (1) 7:14 vote (5) 2:13,14,15;6: 5, 5 W wants (3) 3:15;6:17,21 water (1) 4: 6 way (4) 2:15,24;5: 8,16 ways (1) 2:13 week (4) 2:20;6:11;7: 5, 9 weekly (1) 6:11 weeks (2) 5: 5;6: 2 what's (2) 2:20;3: 8 wide (2) 2:21;3: 4 willing (1) 3:19 winner (3) 6: 6, 6;7: 5 work (1) 6:20 world (2) 2:19;5: 2 wound (1) 4:11 P part (1) 6:14 payback (1) 3:18 people (1) 7: 9 perception (1) 5:13 perhaps (2) 7: 5, 7 phone (2) 2:15;6: 6 piece (1) 6:10 place (1) 6:16 player (1) 3:15 Poor (1) 4:21 Porter (5) 2:22,23;3: 7;6: 2, 15 position (1) 2:21 positive (5) 4: 3,11,16;5:24; 7: 1 presented (1) 2: 7 problem (1) 3:13 program (3) S saying (1) 5:22 season (1) 6:20 second (1) 6:16 seems (1) 7: 7 Shell (1) 3: 1 Shut (10) 2:10,12,13,14,19; 3:23;5: 5;6: 2,11; 7:15 signing (2) 3:16,17 someone (1) 5:14 spoken (1) 7: 9 sport (1) 5:13 sports (1) 2:19 sprinter (1) 6:24 standard (1) 2:16 N name (2) 4: 1;5:10 National (1) 2:21 naturally (1) 5:19 needs (1) 2:19 Min-U-Script® Y year (2) 3:10,16 Yep (1) 4: 9 yesterday (1) (10) look - yesterday Gramann Reporting, Ltd. CCassette Transcription ase 0:08-cv-01010-RHK-JSM Document 139-22 2: 1 youre (1) 2:17 Filed 08/05/09 Page 12 of 12 Proceedings Transcript of August 1, 2006 Min-U-Script® Gramann Reporting, Ltd. (11) youre - youre

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