Free Response - District Court of Arizona - Arizona

EXHIBIT “K"
Case 2:04-cv-00299-DGC Document 261-20 Filed 11/28/2005 Page1 of 4

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1
F V! UNITED STATES DISTRICT COURT
{—__` · DISTRICT OF ARIZONA
MEADOWLARK LEMON, a married man,)
)
Plaintiff, )
` )
—vs— )No. CV O4 0299 PHX DGC i
) and
HARLEM GLOBETROTTERS ) CV—04—lO23 PHX DGC
INTERNATIONAL, INC., et al.; )
)
. Defendants. )
)
FRED "CURLY" NEAL, et al., )
)
Plaintiffs, )
)
—vs— )
)
HARLEM GLOBETROTTERS )
INTERNATIONAL, INC., et al., )
1 " Defendants. )
V )
HARLEM GLOBETROTTERS )
INTERNATIONAL, INC., an Arizona )
corporation, )
)
Counter—claimant, )
)
—vs— )
)
MEADOWLARK LEMON, a married man,)
)
Counterdefendant. )
)
DEPOSITION OF FRED "CURLY" NEAL
Phoenix, Arizona
April I4, 2005
» 8:42 A.M.
, REPORTED BY;
SHARRON L. MCPARTLIN n
AZ CCR #50496
CA CSR #8740
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Page 174 Page 176
1 next page. There you go. What is that? 1 BY MR. GARVEY;
2 A. A Coca Cola commercial where we got paid. 2 Q. Sticking with this document, Mr. Neal, on the
— 3 Q. Okay. From that document, can you tell who 3 page one, it says the payment was received here?
` 4 was paying you for that? 4 A. Where do you see that at?
5 A. Harlem Globetrotters, Inc., A Metromedia 5 Q. In July, the first page. What does that
. 6 Company. 6 suggest to you?
7 Q. All right. Flip onto the next one. Do you 7 A. Was received, I guess it went through the
8 recognize that? 8 Globetrotters' office, received here.
9 A. Midgette Royalty, yes. 9 Q. So the payment was coming from someone other
10 Q. What is that? 10 than the Globetrotters for you. They received it and
11 A. Right offhand I don't remember. ll forwarded a check to you; would that be the clear
12 Q. All right. Go to the next one. Just 12 understanding?
13 describe it generally for the record quickly. 13 A. Possibly.
14 A. Gilligans Islands fees. 14 Q. Did you realize that in your standard
15 Q. Okay. 15 contract that whether you got residuals or not was up to
16 A. Coca-Cola commercials. 16 the discretion of management?
17 Q. Do you remember that? 17 A. No. I didn't know that.
18 A. Yes, I do. 18 Q. In looking at this one from Coca-Cola, is
19 Q. Were you paid to appear on Gilligans Island? 19 there any way to tell from this document whether the
20 A. Yes, I was. 20 money came from Coca-Cola or from the Harlem
21 Q. Were you paid to do a Coke commercial? 21 Globetrotters?
22 A. Yes, I was. 22 A. I cou1dn't say.
23 Q. The next one after that? 23 Q. So it's unclear?
24 A. Wide World of Sports. 24 A. Coca-Cola has decided to --
25 Q. Could you tell from that document who paid 25 Q. In any of the ones that you mentioned, is
Page 175 Page 177
1 you? 1 there any indication on any of these documents that the
2 A. Harlem Globetrotters, Inc., A Metromedia 2 Harlem Globetrotters were paying you additional
3 Company. 3 compensation for any of these matters listed?
4 Q. Do you recall if you were paid for re—runs of 4 A. I cou1dn't say.
5 Wide World of Sports? 5 Q. Pardon?
6 A. No. Re—runs I don't recall that. 6 A. I cou1dn‘t say.
7 Q. Do you recall if you were paid for repeat 7 Q. You couldn‘t say? Well, the question is do
8 telecasts of Wide World of Sports? 8 you see any at all? Take your time.
9 A. I c0uIdn't say like right now. 9 MR. TOWNSEND: 1'1n sorry, I missed part of
10 MR. GARVEY; Asked and answered, I think. 10 the question. Could you repeat it? Read it back. See
11 Q. BY MR. TOWNSEND; A little different phrase. 11 what 1 missed. lapologize. Any at all what?
12 Next one. 12 (Vlfhereupon, the previous question was read by
13 A. Uh—huh, Converse. 13 the Reporter.)
14 Q. Does that look familiar to you? 14 MR. TOWNSEND; Object to the form. I don't
15 A. Yes, it does. 15 know what it means, additional. Additional to what?
16 Q. Did you get paid to do something for 16 MR. GARVEY: In the exhibit that you put
17 Converse? 17 forward, and you led him through discussion with respect
18 A. Yes, I did. 18 to additional payments, where in this document is there
19 Q. And can you tell from that document who paid 19 any indication that this money was additional
20 you? 20 compensation to be paid by the Globetrotters to you, and
21 A. Harlem Globetrotters, Inc., A Metromedia 21 he said he didn't know.
22 Company. 22 MR. TOWNSEND: Okay.
23 MR. TOWNSEND: Okay. 'I`hat's all I have got. 23 MR. GARVEY: 1 am asking him to take a look
24 24 at it and see if there is any that he can find.
25 REEXAMINATION 25 Q. BY MR. GARVEY; Mr. Neal.
Page 174 — Page 177
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186
_Â¥ 1 STATE OF ARIZONA )
‘.} 2 COUNTY OF MARICOPA g
3
4 BE IT KNOWN that the foregoing deposition was
5 taken before me, SHARRON L. MCPARTLIN, a Certified Court
6 Reporter in and for the State of Arizona; that the
7 witness before testifying was duly sworn by me to
8 testify to the whole truth; that the witness will read
9 and sign the deposition; that pursuant to request,
10 notification was provided that the deposition is
11 available for review and signature; that the questions
12 propounded to the witness and the answers of the witness
13 thereto were taken down by me in shorthand and
14 thereafter reduced to print by computer—aided
15 transcription under my direction; that the foregoing 185
16 pages are a true and correct transcript of all
17 proceedings had upon the taking of said deposition, all
18 done to the best of my skill and ability.
19 I FURTHER CERTIFY that I am in no way related
20 to any of the parties hereto, nor am I in any way
21 interested in the outcome hereof.
22 DATED at Phoenix, Arizona, this 9th day of
23 May, 2005.
2 4 -- §;__.s—£%§.2-?;£.__--
SHARRON L. MQ ARTLIN
25 AZ CCR #50496
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