LeMond Cycling, Inc. v. Trek Bicycle Corporation

Filing 148

Case 0:08-cv-01010-RHK-JSM Document 148-6

Filed 08/13/09 Page 1 of 6

LeMond Cycling, Inc. v. Trek Bicycle Corporation

Doc. 148 Att. 5

Exhibit 82

Dockets.Justia.com

Case 0:08-cv-01010-RHK-JSM Document 148-6

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Video Deposition of John Burke April 07, 2009 UNITED STATES DISTRICT COURT 2

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LeMOND CYCLING,'INC,, Plaintiff, vs.
T R E K BICYCLE CORPORATION,

Case No. 08-1010

Defendant/Third-Party Plaintiff,

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vs.
G R E G LeMOND,

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Third-party Defendant.

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Video Deposition of JOHN BURKE Tuesday, April 7, 2009 9:31 a.m. at GASS WEBER MULLINS, LLC 309 North Water Street, Suite 700 Milwaukee, Wisconsin 53202

Reported by Julie K . Lyle, RPR/RMR/CRR

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Video Deposition o John Burke - April 07, 2009 f 11

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sales in Europe.

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But the - - during your relationship with Mr..LeMond up to 2007, was - has he been very involved in product development? A Q A I would say no. Why not? I really think that it's a lack of follow-through on Greg's behalf.
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If you try and call Greg,

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e-mail Greg, get Greg to come down to Waterloo, that's not a very easy task, especially for a product manager. Q Has Mr. LeMond been involved in promoting his bikes up to the time of this lawsuit?

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Has he done that well? At times. Has Mr. LeMond been involved in trade shows? Yes. Has he done that well?

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I would say that he -- yes, he did do trade shows
well.

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And same question with respect to dealer visits. I would say the dealer -- it would -- it was hard to get Greg - - at times it would be very hard to get Greg to do dealer visits. always a problem with Greg. In fact, at one point we had discussions about Trek taking over providing management for Greg. dealer at
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Scheduling was

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But once Greg got to the

on the whole, he did a fabulous job.

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When was the discussion to get some sort of management for Greg? You know, I can't give you the exact date. could provide that with you. somewhere in the
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We

I think it was It could

it was post-2001.
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have been in the 2000 - - some area.

sometime in that

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And somewhere around the 2001, 2003 time frame, somewhere in there?

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Video Deposition of John Burke April 07,2009
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I think that's -- that's the major reason.

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think, if it had any other negative effect, it would have been that people became aware of the facts of the relationship between Trek and Greg LeMond, facts that for years we had kept away from people, always in hopes of really putting the relationship back together again. After

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2001, 2004, 2006, it just kept going on and on.

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And so a lot of that -- you know, people would see -- people saw a lot because Greg was out in the media. So, I mean, we were We

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getting lots of e-mails, lots of phone calls. were getting a lot of feedback. But there was

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certain things that people didn't see,

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You mentioned e-mails again.

The e-mails that

you received that you posted in your presentation, did you ever see a need to show any negative e-mails about Lance Armstrong and doping? A The issue was - - the issue that we were addressing was an issue between Greg LeMond and Trek. If you take a look at the agreement, in Section 13, it says Greg LeMond cannot harm Trek.
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And time and time again, he
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Video Deposition of John Burke April 07, 2009
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harmed Trek.

That was the issue.

It was the It was not

issue between Greg LeMond and Trek.

between Greg LeMond and Lance Armstrong.

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Has Greg LeMond ever said anything negative abouTrek? Not that I can specifically recall. But he has said negative things about Lance Armstrong?

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He has, And Lance Armstrong has a contract with Trek? He does, And he owns part of Trek? Okay. He owns a - - yes, he does. He owns a veri

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small part.

And I believe that his ownership in

Trek was a gift when he came up after winning the second tour. And I didn't know what to give him,

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and so we gave him a Packer fleece sweatshirt, because it was like minus 10 degrees and we thought that would be appropriate, and then we also gave him
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it might have been 500 shares

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Trek, which at that time was probably worth

$10,000

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And today it's worth $35,000? I don't know the exact number. for you. We can get that