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).

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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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