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

Filing 82

DECLARATION of Randi W. Singer (Supplemental) in Opposition re: 73 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. (Attachments: # 1 Exhibit 58, # 2 Exhibit 59, # 3 Exhibit 60, # 4 Exhibit 61, # 5 Exhibit 62, # 6 Exhibit 63)(Quinn, James)

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

Doc. 82 Att. 1

EXHIBIT 58

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARVEL WORLDWIDE, INC., MARVEL CHARACTERS, INC. and MVL RIGHTS, LLC, ) ) ) ) No. 10-141-CMKF Plaintiffs, ) ) vs. ) ) LISA R. KIRBY, BARBARA J. ) KIRBY, NEAL L. KIRBY and ) SUSAN N. KIRBY, ) ) Defendants. ) -----------------------------)

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CONFIDENTIAL VIDEOTAPED DEPOSITION OF JOHN V. ROMITA Garden City, New York Thursday, October 21, 2010

Reported by: KRISTIN KOCH, RPR, RMR, CRR, CLR JOB NO. 34124
TSG Reporting - Worldwide 877-702-9580

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Romita - Confidential THE VIDEOGRAPHER: The time is

4:28 p.m. and we are going off the record. (Recess was taken from 4:28 to 4:35.) THE VIDEOGRAPHER: The time is

4:35 p.m. and we are going back on the record. BY MR. TOBEROFF: Q. I am going to ask you some questions

now just for further elaboration about some of the things you testified to when Miss Singer was asking you questions earlier today. You were referring to the freelance work you did for Marvel in the '50s. You

mentioned that you would turn in a voucher and then you would get paid sometime after you turned in the voucher, approximately every two weeks or so. A. Q. Is that correct?

It varied, yeah. And did you turn the voucher in

after you turned the work in? A. At the time I finished the work, I

would put the voucher in as soon as I could. Q. So after you delivered the finished
TSG Reporting - Worldwide 877-702-9580

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Romita - Confidential work to Timely, we will call it, Atlas or Timely, you would then when you had the time fill out a voucher, you would submit the voucher, and in approximately two weeks or so you would get paid after you submitted a voucher? A. Q. Generally. You also referred to -- speaking now

about the work in the '50s, not about your work for Marvel after you started in 1965, in the '50s you mentioned that Stan wrote scripts and that you would draw based on the scripts. Did this occur throughout the '50s where you worked there or more in the earlier part of the '50s; do you remember? MS. SINGER: A. Objection.

I had a limited amount of time while '52 and part of '53 I

I was in the service.

did some Captain America stuff, very limited. '54, '55 and '56 I was working on westerns and war stories or westerns only, mostly westerns, and I was working fairly steadily until things started to slow down and they started pulling their horns and cut back.
TSG Reporting - Worldwide 877-702-9580