LeMond Cycling, Inc. v. Trek Bicycle Corporation
Filing
139
Attachment 25
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).
LeMond Cycling, Inc. v. Trek Bicycle Corporation
Doc. 139 Att. 25
Case 0:08-cv-01010-RHK-JSM Document 139-26
Filed 08/05/09 Page 1 of 6
ZASTROW EXHIBIT 76
Dockets.Justia.com
Case 0:08-cv-01010-RHK-JSM Document 139-26
Filed 08/05/09 Page 2 of 6
Page
1
UNITED STATES DISTRICT COURT
DISTRICT
OF MINNESOTA
LEMOND CYCLING,
Plaintiff,
vs.
TREK BICYCLE
INC.,
Case No.
08-CV-1010
CORPORATION,
(RHK-JSM)
Defendant
and
Plaintiff,
vs.
GREG LEMOND,
Third-Party
Third-Party Defendant.
VIDEOTAPED DEPOSITION OF
MARY HAIGH
April
22,
2009
3:23 p.m.
REPORTED BY:
Kathy L. Soper,
CSR,
RPR
California
CSR
No.
8519
Case 0:08-cv-01010-RHK-JSM Document 139-26
Filed 08/05/09 Page 3 of 6
Page
1 2 3
4 5
7
Q.
So
approximately 20 hours
on the average.
a
week
--
A.
Q.
Yeah,
For ten years?
A.
Q.
Uh-huh.
What was your compensation arrangement?
I
6
7
A.
Q.
got paid by the hour.
how much?
Approximately
$20
8 9
A.
in the beginning,
and then
I
got
a
raise
to $25 an hour.
Okay.
So
10 Q. 11
12
13 A.
over the ten years,
20 hours
a
week, and
if --
so
roughly 400 to $500
a
week, right?
(Indicating affirmatively.)
The answer
14 Q.
15 A.
is yes?
Yes.
Okay.
16 Q.
17 A. 18
What
did you
do
for the
LeMonds?
Paid their
bills,
and
helped them with travel
arrangements,
helped them with insurance
for
19
their
home
their cars, paid
and helped them
a
lot of
with
20 21
22
bills for bikes,
correspondence,
helped them with autographs,
just kind of
person.
a
jack of all trades type of
23
24 Q. 25
Did you work out of your
home
or in an
How
office or in the
LeMonds'
home?
did
it
Case 0:08-cv-01010-RHK-JSM Document 139-26
Filed 08/05/09 Page 4 of 6
Page 19
1
Q.
Do you know
that Warren has been
deposed?
2 3
4
A.
Q.
Yes.
Did someone
describe to you what Warren
said?
A.
Q.
5 6 7
No.
Did you see any of the exhibits
from
Warren's deposition?
MS.
8
9
RAHNE:
Objection.
she
She may
have looked
know
at documents that
didn't
10
11
12
were from Warren's
THE WITNESS:
deposition.
That's correct.
BY MR.
WEBER:
13 Q.
Okay.
Let
&
me show
you Exhibit 160,
a
2001
14 15
16 A.
Fisher
LeMond
Price List.
you could,
And,
Uh-huh.
Do
if
turn to page 2.
17 Q.
18 19 A. 20 Q.
you see there the reference
LeMond
to LeMond and
the various
Yep.
models
--
-- in
Yes.
2001?
Do you
21
22 A.
23 Q.
recognize this document?
And you see
it
has
"Advertised price"?
24
25
Do you understand
that to be the
retail price?
Case 0:08-cv-01010-RHK-JSM Document 139-26
Filed 08/05/09 Page 5 of 6
Page 20
1 2
A.
Q.
Yes.
And
Level
I,
do you understand
that to
be
3
4
the price the dealer would pay?
A.
Q.
Yes.
And "GL
5
Prices,"
do you understand
that to
6
7
be
-I
A.
Excuse me.
think Level
1
is the dealer
8
9
price.
Q.
Okay.
And "GL Price,"
that's the price that
10 11 A. 12 Q.
Greg would have to pay?
Dh-huh.
Yes.
Your answer
is yes?
13 A.
Sorry.
And
I
14 Q.
15 A.
"Friends" column, what is that column?
guess
that's the price
and
we
charged his
16
family
Okay.
I
friends.
17 Q.
18 A.
19 Q.
am
sorry.
Go
ahead.
Were you done?
20 A.
(Witness indicating in the affirmative.)
Dh-huh.
21
22 Q.
23
Yes.
Did you prepare this document or did
somebody give
No,
You
I
it
to you?
24 A.
25 Q.
got this from Elizabeth Huber.
think Elizabeth put in the friends
Case 0:08-cv-01010-RHK-JSM Document 139-26
Filed 08/05/09 Page 6 of 6
Page 21
1
price?
A.
Q.
I
2
3 4
guess so.
How would you
think Elizabeth would know
what Greg wanted to charge his friends?
MS.
5
6 7 8
RAHNE:
Object to the form,
foundation.
THE WITNESS:
I
don't know,
unless
--
I
am
assuming that Trek came up
9
with these prices,
someone
is that
maybe Greg and
10
11 12 Q. 13
14
15
at Trek agreed
on these
prices.
BY MR. WEBER:
Okay.
Let's look at the last item
the Tete'
Do
on the
list,
bike?
Uh-huh.
Yes?
de Course.
a
you remember that as
model of
16 A.
17 Q. 18 A.
Yes.
Sorry about that.
19 Q.
20
Greg was able to buy
that bike for $1,804 in
2001,
Yes.
And
right?
21 A.
22 Q. 23
this price sheet
shows
that he would
charge his
friends $700
more.
24
25
BY MR.
MS. RAHNE:
WEBER:
Object to the form.
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