Marvel Worldwide, Inc. et al v. Kirby et al

Filing 102

DECLARATION of Marc Toberoff (Part I) in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Toberoff, Marc)

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Romita - Confidential Q. Was there a form that you filled out

or was there a voucher? A. It was a voucher, an actual small

slip with the name of the book, the number and month of the book, how many pages, your rate, and you sign it. Q. And then what would happen after you

filled out the voucher? A. I would submit it to the editor and

the editor would process it through the bookkeeping department and they would send me a check. Checks used to be like every two weeks I'm not even sure.

or something, once a month. It varied.

Especially with different

incarnations of conglomerates. Q. Do you recall would there be

anything printed on the check? A. There was a disclaimer on the back.

No disclaimer. MR. TOBEROFF: MS. SINGER: question. A. It was -- it was fairly clear. It Vague as to time. You can answer the

was saying that we were giving up the rights to
TSG Reporting - Worldwide 877-702-9580

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Romita - Confidential anything that was done in the books, the future rights to them, so we -- I wanted to cash the check, so I signed it. Q. I am going to show you something

that, for the record, has already been marked as Plaintiff's Exhibit 2 at the deposition of Stan Lee on May 13, 2010. Mr. Romita, don't worry about the front of this. I just would like you to turn

to the last page of Plaintiff's Exhibit 2. A. Q. signature. A. The back of the old checks. Okay. I know this isn't your

It's a little hard to read. No, that's John D'Agostino. MR. TOBEROFF: I would like to

object to this exhibit because the -despite the inferences in the affidavit, which I find somewhat misleading, the check is actually, I believe, a 1987 check. If

you look at the markings on the back of the check, it says City National, JE-87, so it's a 1987 check we are talking about. Q. So, Mr. Romita, I know it's a little

hard to read, so, for the record, of the back
TSG Reporting - Worldwide 877-702-9580

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Romita - Confidential '58 when things started to wind down at Marvel, then you went to DC in 1958. 1963 -A. Q. '64. '65. Between 1958 and

Between 1958 and the time in mid '65

when you went back to Marvel, did you do any work for Marvel? A. No. I wouldn't even answer the

phone for the first couple of years. Q. A. to him. What does that mean? Well, at first I didn't want to talk I was mad at him. Secondly, when I

did answer the phone, I would ask him how much are you -- I was getting $44 a page to do love stories and I asked Stan -- he would call up and say "come back to Marvel," and I would say, "how much are you paying a page? "$25 a page." to raise. it. He said,

I said, "Stan, I have got a kid

I'm not gonna do it," and that was

I had two kids at the time. Q. So during that period you didn't do

any work with Marvel? A. Q. No, absolutely. Just to be clear, when you said
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Romita - Confidential "absolutely," "absolutely I did not"? A. Q. Not during that period. Did you work with Jack Kirby between

1958 and 1963? A. Q. No. And, again, when was the first time

you met Jack Kirby? A. In '65. Sometime between July and

January he was in the office and I was introduced to him. Q. A. art. Q. Do you know what Jack Kirby was paid That was the story you recounted -Where he was correcting someone's

per page during the years between 1958 and 1963? A. Q. I wouldn't have the slightest clue. Did you ever ask Jack Kirby what his

business relationship was with Marvel during those years? A. No. We never asked questions like

that of each other. Q. I'd like you to turn to -- back to

Exhibit 6, which is the big one.
TSG Reporting - Worldwide 877-702-9580