Bourne Co. v. Twentieth Century Fox Film Corporation et al

Filing 34

DECLARATION of Paul M. Fakler in Support re: 28 MOTION for Summary Judgment.. Document filed by Bourne Co.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibits E-G, # 6 Exhibit Exhibit H, # 7 Exhibit Exhibit I, # 8 Exhibit Exhibits J-K, # 9 Exhibit Exhibits L-M, # 10 Exhibit Exhibits N-O)(Fakler, Paul)

EXHIBIT H

Page 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

BOURE CO., )

Plaintiff, )
)

)

VS. ) No. 07 CIV. 8580 (DAB)
)

TWNTIETH CENTURY FOX FILM )
CORPORATION, FOX BROADCASTING ) COMPANY, TWNTIETH CENTURY FOX )

TELEVISION, INC., TWNTIETH )
CENTURY FOX HOME ENTERTAINMNT, )

INC., FUZZY DOOR PRODUCTIONS, )
INC., THE CARTOON NETWORK, INC.,)

SETH MAC FARE, WALTER MUPHY,)
)

Defendants.

) )

RULE 30 (B) (6) DEPOSITION OF FOX EMPLOYEE

LIANE SIEGEL SHATTUCK

TAKN ON
THURSDAY, MACH 13, 2008

Reported by:
Daryl Baucum, RPR, CRR, CBC, CSR No. 10356

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ge 10
1

Q.

And these changes were made?

2 3

A.
Q.

Yes.
During season two of the Family Guy, did Fox

4 approve the "When You Wish Upon a Weinstein" episode for

5 broadcast?
6

MR. ZAVIN: Objection; just the confusion again

7 trea ting Fox as one en ti ty .
8 BY MR. FAKER:
9

Q.

Did any Fox entity approve the Weinstein

10 episode for broadcast?
11

A.

Well, 20th Century Fox Television, the studio I

12 work for, approved it creatively.
13

Q.

And do you know if standards and practices

14 approved it for broadcast?
15

A.
Q.

No, I believe they did not at that time.
At that time.

16

17 And was the episode aired as part of season
18 two?
19

A.
Q.

No.
And I think what you were alluding to as at a

20

21 certain time the episode was aired by Fox Broadcasting.
22

A.
Q.

Yes.
And why did Fox change its position on that?

23
24

A.

Well, by that time it had already aired several

25 times on Cartoon Network and it had also been released
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Page 11

1 on Dvn and there was no public outcry or comment on it.

2 So they felt it was safe to air.
3

Q.

Wi th respect to the Fox defendants in this

4 lawsuit, is it their contention that Walt Disney was an
5 anti

semi te?

6

MR. ZAVIN: Objection; she's not -- she's here

7 to answer factual things. She is not here to answer

8 contentions. You know the contentions but this is

9 not -10

MR. FAKER: This is a foundation question. I
MR. ZAVIN: Well, that one -- she is not here

11 will get to the facts in a second.
12

13 to answer legal contentions.
14

MR. FAKER: That's a factual contention,

15 whether he was an antisemite. That is not a legal
16 con ten tion .
17

MR. ZAVIN: No.

18

MR. FAKER: Tha t was a claim that you are

19 making in this lawsuit.
20 21

MR. ZAVIN: That is correct.

MR. FAKER: That is a factual claim that 22 defendants are making in this lawsuit.
23

MR. ZAVIN: No. And by the way, I think you
MR. FAKER: Okay.
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24 are incorrect.
25

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q1
MR. ZAVIN: There is no claim that he is an
antisemi te. The claim is neither I, nor you, nor anyone

else knows. The man has been dead for quite some time.

4 The claim is he had a public reputation and was publicly

5 thought to be an antisemite.
6
7

MR. FAKER: Okay.
MR. ZAVIN: And it's still a contention that

8 it's not appropriate for this witness.
9

MR. FAKER: Are you going to instruct her not
MR. ZAVIN: Yes.

10 to answer that question?
11

I mean are you really

12 pressing it, Paul? I will stipulate __
13 MR. FAKER: It's a foundation question to move

14 on.
15

MR. ZAVIN:

I will stipulate that it is the

16 position of these defendants that Mr. Disney had a

17 public reputation as an antisemite.
18 BY MR. FAKER:
19

Q.

Do any of the Fox defendants have any basis for

20 that position, that he -- that Walt Disney is publicly 21 perceived as having been an antisemite?
22

A.

I don't know. I don't know what the basis for

23 that would be.
24

Q.

Prior to this dispute -- and I can represent to

25 you that the -- this dispute in this lawsuit first began
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