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00 I 0 0 0G,lRVEY &_STODDAR.D,0 .J'.C. It 0 _ 0 I 0
I· 0* I I I' I. I0 I I Attorney; _ I I I - , . I ‘_~»V. 00 -. 0. iI. 0 .V.· 0I 0I. 0
I _0 I 00 0 I 0 I634WasrM.¤.11~10Srnnar—SunalD1 00 00
0 J I » 0 0 0 I 0 0 0 - 0 00M.·=t1>1soN. WI 53703 0 0 0 0 0 0 00 00 0 0 0 0 _ 0 I
0E¤WARD RI GARVEY · _ I 00 Team-rows: (608) 256-1003 0 I I 0 I I Or=.Couz~¤saz,; 00 ·
GLENN M. Srocmnc 00 'iF*‘““"‘“·E* (608) 256‘°933 I .0 I Pern E. McKssvan
0 I I
0 CHRisTa_O.Wasraaaanc 0 __ 0 0 0'IIIPIIII 8’ _ _ I I . II 0 ‘ .0 0 0 I 0_ I
0 0 0 0 I I'`` I I I I I
VIA FACSIMILE and U.S. MAIL 00 I I I I ·· I
0 Attorney Claylownsend 0 I 0 0 I I 0
0 Morgan CollingI& Gilbert, P.A. I II 0 0 0 _- I _ I 0]
0 0 0 2ON. Orange Avenue, Ste. I16OO I I0 — 0 II 0 II I 0 0 0 _ I I;
Orlaudo0,FL 32802 I II I · . I 00 0 00 - I 0 I I Q _
I RE: Fred "Curly " NeaL et al. v. Harlem Globetratters 1nternc:timmL [pc., gt nl. 0 0 I 0
0 0 .0 Case N0. O4CVl93 I0 0 I 0I » I ,- I I0 I ·I I0
0 D¤¤¤¤1¤y= 0 I 0 0 00 0 0 0 0 .0 0I00 I
I I Now that the motions to transfer and dismiss have been0fi1ed,0perhaps we should II · I 0 0 0I 0
I talkagasin. 0 - 0 II 0 I 0I II00 0 I 0_
I I 0 »_First{0II enclosing the typical contract signed by everyplayer whoever waliged »II_ I I 0 I I
on a basketball court 0t“or0the Harlem Globetrotters.0 Asyou can see, each player granted 0 0 0 03
_ rights to HGI without reservation or limitation. The same is true in all sportsI Thus, there
are no damages in our judgment. __ II 0 I I 0 I I I I00° 0 0 0 ·_ I
I Second, your client Marquis Haynes owes my client $50,000. I0 would appreciate 0 I 0 I. r I I
it if you Iwould askhim about and give me an update. I 0 · I 00 I
Finally, if you want to proceed with what will be very expensive discovery, in all 0 0 I 0
0 likelihood in Arizona, we are prepared to do so but we would prefer to have an 00 0 0
0 I understanding with you and your clients. I- I 0 0 0 0 0 I ·
0 I I available for discussion next weelr .0II 0 I 0 0 0 0 I I I
I I I I I 00 I Sincerely; I000 0 I0 00 · I 0 - I0 0
I I I I — I 0 GARVEY & STODDARDQ S.C. I 0 I I
. ‘ r —0 I # I . EdwardIR·Ga1’v¢YI· I 0I 0
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1 . · 1 r 1 00
2 l¤1¤b}l¤o <=5>m1¤2}¤y0 dome 2 . 1 3002 North cenrrn Avenue 1 ‘ 1 121
business 1n Arizona, 1 i V Phoenix, Arizona 2 0
3 3 ; { Q
Defendants. A 1 P
0 4 X 4 0 May 9, 2005 i -
5 HAPRLTEM GE6§1=YTi1?JT‘T€1€s`11Y1TER1oAT10NAL, 1 590 EM- ° 1 0 Vg 0
0 INC., an Arizona Corporation 2 0 120
0 7' 1 Counter-Claimant, A 0 7 1 0 1 0 ii
B -against- 8 1 V 0 V ‘ V It
0 9 MEADOWLARK LEMON, a married man, 0 9 1 A 0 ` `
1 O Counter-Defendant. ]_ O A ' ,, ` _.
1 1 1 ________________ 1 _ _X ]_ I · § `
14 DEPOSITION or MICHAEL svimcuse 13 D°l°°S‘“°“ °f MICHAEL SYRACUSE 1 0
_ phoenix, Arizona, 1 4 ‘ held at the offices of Fennemore j { rl 0
#1 15 1 May 9, 2005 » a P 15 Craig, LLP, 3003 North Central L1 ii T V
1 6 0 1 6 0 Avenue, Phoenix, Arizona, pursuant 1 A A
17 1 17 to Notice, before Judi Schneider, ° Y
` V 18 _ 18 RPR, CLR, a Notary Public ofthe Q 0
1 9 0 1 9 State of New York. z 0 0
20 Reported by:_ 20 ’
Judi Schneider i _ » 21 ‘ ’ A , {
21 Job No.: 3736 1 22d 0 . V
22 0 T 0 1 · l,
23 0 0 23 1 A A ;.
2 4 0 2 4 1 1 if
0 TSG Reporting - Worldwide 212-702-95iiO P ` TSG Reporting - Worldwide 2l2—702-9580 § 1 5
il 0 I 5
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0 1 1 J 0 1 l
2 N ES: 0 ‘ 0*
3 """Ei`1‘%1G‘1N&MORG1N, P1. 0 0 2 EENNEMORE CMG, ro 0 0 1
1 Attorney for the Plaintiff · Attomey for the Defendant 0 0 1 1
· 4 20 North Orange Avenue — l6th Floor ·
onamxo, Florida 3280l - 3 MANNIE JACKSON · i
5 A ’ 3003 North Central Avenue g 0 Q {
6 V V V 4 Phoenix, Arizona ' i
1 oonownran LAW F1RM,l,LC 1 5 0 BYZ (NOT PRESENT) 0 T
0 Attomey for the Plaintiff 6 ; 1
V 0 B l5333 North Pima Road - Suite 225 ' .7 V 0 1 0 Vi
Scottsdale, Arizona 85260 ‘ 8 _ ‘ {
9 0 ` 1 ’ ·1 1 I
0 BY: BRANDON s. PETERS, aso. . 9 0 0 1
0 ' 11 ROSENQUIST & Assocmras 10 0 V 1 ( .
AM <= T 4*1 Pl '¤Yi*T 0 0 11 ALSO PRESENT: 1 0
12 8° E;‘T*‘;l"";“‘m 12 MICHAEL PORTIK v Dooom HE i A 1 T
Phoenix, Arizona 850l2 · 0 0 " I P R 5 _
13 1 0 ‘ 13 MEADOWLARK LEMON _ 1 » ‘1
BY; Awoaas aosanoursr, JR., eso. 0 01 0 ’
14 FLURENCE BMMMER, ESQ. ~ 0 1 " MARQUES HAYNES . I
15, 15 COLLEEN LENIHAN - HARLEM GLOBETROTTER ; 1 .
16 GARVEY & STODDARI1 $—€- · 1 6 MANNIE JACKSON ` 1 ( 1
Attomey for the Defendant 17 . i 0 _
17 MANN112 JACKSON - 1 0 4
634 West Main Street · Suite lOl ` 1.8 ' 1 0
18 Madison, Wisconsin 53703 _ » 1 9 V 1 V ;
19 ev; aowmun 11. omzvav, ESQ. _ 2 O 1 5;
20 ` 0 0 :1 QW
21 LAW 01¤1=1c12s or Joat. 1.. Heinz 1 2 1 _ 0 1
Attomey for the Defendant . 1 V ' F
22 ruau rua COLLEC'l`lON, Ltc 0 _ 22 0 0 ‘ {ig
V '3573 East Sunrise Drive- Suite 215 · 23 V i sg f
23 1 Tucson, Arizona 85718-3206 2 4 _ 1 V
24 0 Bv;10121. 1.. 1112112, ESQ. V 1 0 2 5 _ 1 V
25 0 0 -
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1 » I MICHAEL SYRACUSE L 1 MICHAEL SYRACUSE I
2 A There was at the time. » 2 Q As a CFO, how would you describe 2
3 Q Who was that? . ‘ 3 your job? · { y
4 s A His name was Phil Barton. i 4 A My job, I am the chief` accounting
I 5 Q What happened to Phil Barton? 1 5 officer, responsible for the financial ?
_ 6, _ ' A I can't speak to what happened to 6 integrity ofthe Harlem Globetrotters' A
I 7 Phil Barton. i I 7 · assets and accounting records. I'm the ,
8 Q Did he get fired? . I 8 protector of the assets and all accounting "
9 A I don't believe Phil was fired. I'm 9 ‘ records. · I
1 O not exactly sure if Phil left for other 1 O Q Are there annual audits done? » A ·
1 1 pursuits. All I know is that Phil was no 1 1 A Yes, there are. A -
12 longer the chief financial officer and I 12 Q Who does the audit? {
1 3 had the opportunity to become the chief 1 3 A The intemational accounting firm 1 i
1 4 , financial officer. . 1 4 KPMG. 1 `
l 15 L Q Was there some problem with Phil? 1 5 Q How long has KPMG done the ` { ··
1 6 A Not that I'm aware of. 1 6 accounting ·- done the annual audits? it
_ 17 Q Do you know where he went? 17 A Since Mannie purchased the team, _ .
I 18 A I do not. A _ 18 KPMG has done the auditing. ’ "
· 1 9 Q Do you know, is he in the area? 1 9 Q All right. How did you first hear A `5
2 0 A I do not believe he is.· 2 0 of the threats of a potential lawsuit » I .
. 21 Q Do you know what state he's in? 21 involving the use of the merchandise of i Il
22 A I cannot say for certain. . 22 · Fubu? A
2 3 Q Where do you think he is? = 2 3 A The threat of a lawsuit? ·
2 4 A I think he's in the western states 2 4 Q Yes, sir. , A
25 somewhere is all. 2 5 A A I can‘t answer that question. I e
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1 MICHAEL SYRACUSE 1 A MICHAEL SYRACUSE { `
‘ 2 don't know. A 2 not hear about it from this document, j i
3 . Q Did you see -- there's a letter 3 because it does not appear to be familiar 1
4 floating around here that I can dig out. 4 with me. Everything from the letterhead ; " *
A5 But there's a letter that Mr. Townsend 5 to the people you mentioned, l do not a A { 1
6 wrote and sent to your boss, did you ever 6 recall them and I do not recognize the A . A
A 7 get a copy of that? I 7 backup documentation that's here. . .
. 8 A A I'd have to look at the letter. 8 1 Q Were you requested to do anything in .
. 9 Q All right. . A A 9 regard to any concern that players were i _
c ‘· 10 t A We get lots of letters. 10 ? claiming rights to compensation from the A Y
11 y Q I.et's dig it out. Let me show you 11 Fubu merchandising? In other words, wer » ‘ .
_ 1 12 Exhibit 5, which is a September 29th, 12 you asked to go dig up contracts, look at A .
A 1 3 2003 letter to Mannie Jackson from Clay 13 financial records, anything? 1 A _
14 Townsend, in which he asks for contracts 14 A Based on a threat, is that the first , .
15 and things showing the right to use 15 part of the question'?
. 16 Mr. Neal, Mr. Thornton, Mr. Rivers' name 16 Q If that's a problem, let me pull it , ;
17 and indicating, if documentation wasn't 17 _ away. Were you asked to go do anything to I {
A 18 provided, they'd follow with a lawsuit. y 18 look into that subject of players' Y 2
i 19 (Handing.) » s · 19 potential claims? ‘ A r L .
. 2 0 I'm going to ask you if that 2 0 A Preceding the lawsuit? Z 1
2 1 refreshes your recollection whether you I 2 1 Q Yes, sir. A ` ;
22 saw it or not. A 22 A No. . 1 E
t 23 A I It does not. I · 2 3 Q ` After the lawsuit? a ‘
‘ 24 Q Did? you hear about it? A 2 4 . A Yes. ‘ A t ‘ ‘ P
1 2 5 A Obviously, l_heard about it. I did 2 5 Q What were you asked to do? A `
A TSG Reporting — Worldwide 2l2—702—9580 TSG Reporting - Worldwide 2I2—702—9580 »
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., . ‘ ,,.~ . ....4 .... ..., 1... . . ~~,.`` ..,.. . ..... I
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Page 14 ' Page 15 ` I [ "
1 MICHAEL SYRACUSE 1 MICHAEL SYRACUSE I i A i
2 A All we did was we —- I gathered the _ 2 Q How many were in hand? · ,
3 i records, everything from Fubu. We did a ’ 3 A Twelve. q 1
I A 4 Search for any additional documentation 4 Q Were these current players or former 2
5 that may have been in the warehouse and in 5 players? . . . , 1 · l
6 our storage facilities. i 6 A Current players are readily ‘ I
‘ 7 Q Okay. Did you personally do that or 7 5 available. These go back to former Q ` —
8 have people do it? I 8 players and those were the I2 I was ‘
9 A I did quite a bit of it myselti 9 referencing. , _
q 10 Q And was one of the things you were 1 0 - Q Okay. So all of the 12 were former A (
1 1 looking for in the storage the old player 1 1 players? A z i
12 contracts? 12 A I didn't say that. What I was ‘ ` z .
1 3 A Additional player contracts. 1 3 saying was that —— the answer to that i- I
14 Q All right. What player contracts -· 1 4 question is, no, they were not all former ’ 0
p 15 I assume by additional you mean you had 1 5 players. The group ·- all currentplayer
1 6 some already before you went to the 1 6 contracts are readilydavailable. _
1 7 warehouse? 1 7 Q Of the 12, how many of those were ‘
1 8 A Your first part ofthe question that 18 current players? 2 Q I
1 9 you were —— it appeared to me that you 1 9 . A Four. 4 i ,
2 0 were saying that we didn‘t have any, and 2 0 Q So the other eight were alumni or Y
2 1 all we were doing was trying to gather 2 1. older players? _ e l
. 22 additional infomation. There were some 22 A Yes. » I , L
8 2 3 in hand. 2 3 Q Were any of those Meadowlark Lemon .; ’ y
2 4 Q Which ones were in hand? 2 4 A I can't say for certain. f if
25 A I couldn‘t tell you that. 25 Q Were any of those Curly Neal? y
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1 MICHAEL SYRACUSE 1 MICHAEL SYRACUSE =
2 A Again, I would not be able to say 2 or they were in a tile that said contracts ,
3 for certain. 3 that held multiple player contracts? ‘
. 4 Q Were any of those Marques Haynes? '4 A I can't recall that. _ .
5 A I can't say for certain Marques was A 5 Q Did you, as part of your going to i
6 there. 6 the warehouse, retrieve Curly Neal's 1 I
. 7 Q Were any of those Dallas Thornton? 7 contract? I I
8 A I can't answer for certain. _ 8 . _A I cannot say specifically if Curly _ i
9 Q Were any of those Larry "Gator" 9 Neal's contract was one ofthe former 1 I . i
_ 10 ‘ Rivers? y 1 0 player contracts that I retrieved. _ C ` '
11 A Yes. 1 1 Q y How about Meadowlark? 1 i i
12 Q Do you remember any of the other 12 A He would have the same answer. I T `V
13 eight that were former players other than 13 cannot be certain. The documents I ‘
I 14 Gator Rivers? ~ 14 retrieved, I do not know specifically g ;V
15 A No. , 15 I which players were included in there. . ’
16 Q Do you know -- do you know why it 16 Q Okay. So if I go down the list, the {
17 was that those eight were available 17 answer is the same to each one? A I
18 without going to the warehouse? 18 A Yes. ,
19 A No. O 19 Q What did you do —— ’ I
. 20 Q Where were those eight contracts 20 A Now, Gator Rivers, I would say that, g
2 1 . found? 2 1 for whatever reason, I do remember %
22 A Just in some accounting storage, 22 retrieving Gator's contract. ` Q
23 s some_boxes that were not brought over to ,23 Q Any particular reason that 0¤€ I
24 _ the warehouse yet. . . " — 24 sticks out? J
25 Q Were they in individual player tiles '" · 25 A No. Probably just for whatever, the Q it
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