Page 2 Page 3
2 liability <>¤mI>¤¤Y»
. .
— bUSlII€SS IH AYIZOH3, . Phoenix, Arizona _
D°f““d“*“S- 4 May 9,2005
4 ——————————————————- X 10-05 A M
5 HARLEM GLOBETROTTERS INTERNATIONAL, ‘ ‘ ‘ _
INC., an Arizona Corporation 2
7 5 cemm-ciaimam, 7 t ’ _.
8 ·-against- 8 , 7
_ 9 MEADOWLARK LEMON, a married man, 9
10 Counter-Defendant. 194
11 ..... 4 ............. X 11 . ,
lz A 12
14 DEPOSITION or MANNIE JAc1
17 ` _ 1 7 ’ to Notice, before Judi Schneider,
A 18 _ 1 8 RPR, CLR, a Notary Public of the
1 9 ‘ ‘ 1 9 State of New York. 1 4
2 O Reported by: 2 0 _ ‘ ‘
. · Judi seminar 21 - . 1
21 Job;No.: 3736 4 22 I
22 25 -
. 24 A 24 , ·
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P Page 4 . Page 5
2 A1·1>EA1zANcEs;
5 Moaom & MoRoAN,1>.A. 2 FENNEMORE CRAIQ Eq
Attgmgy rm me pimufr Attorney for the Defendant ·
4 20 North Orange Avenue - 16th Floor 3 E ‘ . JACKSON _
Orlando Florida 32801 ti
5 ’ 3003 North Central Avenue 1
6 A E`€L‘2E$§‘O’é'&N’§‘“E§11$E?E‘£,¤ " ""°°“""’°‘*’°““
7 Getpwami LAW rim, me 5 BY* (NOT PRESENT) ‘
Attomey for the Plaintiff , 6
a 15333 North Pima ima - suite 225 7 ·
Scottsdale, Arizona 85260 -— 8 .
9
BY; BRANDON s. 1·Era1zs,Eso. 9 ‘ { .
10 =
11 Rosauomsr at Assocmres 1 O
Attomey for the Plaintiff 5 1 1 ALSO PRESENT:
12 “° E¤*`·*C°*“"·‘°"S 12 MICHAEL PORTICK - v1DEoGRA1>H15R
Phoenix, Arizona 85012
13 1 3 MEADOWLARK LEMON
BY: ANDERS ROSENQUIST, JR., ESQ. 1 4 `MARQUES HAYNES
, ELOEENCE EEEEMMEE’ ESQ 5 1 5 COLLEEN LEN11-1AN - HARLEM Gtoneraorrea
16 7 oruwav & STODDARD, s.c. 1 6 MICHAEL SYRACU SE 1 ,
Attomey for the Defendant 1 7 ·
17 MANNIE JACKSON
634 West Main Street- Suite 101 l8
_ 18 Madison, Wisconsin 53703 . 1 9
ig BY; EDWARD it GA11vEY,EsQ. 2 O ‘ -
2 1 LAW OFFICES or JOEL L. Heaz 2 1
Attomey for the Defendant 2 2
22 1=u15Ur1—1Ec0LLEcr1oN, LLC _ 1
3573 East Sunrise Drive - Suite 215 2 3 l
23 Tucson, Arizona 85718-3206 ` 2 4
24 BY; JOEL Lf Heaz, Esq. 2 5
25
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case 2 :04-cv-00205 Deo Docu 1 /21 /2005 y Page 1 or 4
Page 146 . Page 147
1 MANNIE JACKSON 1 MANNIE JACKSON r
2 didn't have that available? 2 MR. MITNIK: Let me mark this A
3 A Just didn't -- just didn't trackit. ‘ 3 A next. V`?
4 But he did say it would -— it could be 4 (Whereupon, a letter dated October
5 retrieved, and they retrieved it. 5 8, 2003 was marked as Plaintiffs
- p 6 Q Would you have been asking for it 6 ` Exhibit 14 for identification, as of
7 before this September letter, since you 7 this date.) ~
8 are now into the million seven? 8 Q All right. 14 is an October 8, 2003
· 9 ’ A Probably not. 9 letter to Curly Neal from you. So this ’
`J 1 0 Q Why not? 1 0 would be one month after the Exhibit 13
1 1 A We worked on the basis ofthe 1 1 we've been referring to. Does that appear
12 contracts were an asset we purchased. The 12 that you got breakdowns? —
» 1 3 brand Harlem Globetrotters was the most 13 A Yeah. So we must have got it right .
1 4 important thing. It was a small part of 1 4 1 alter the letter went out. Sometime in
15 the total transactions and it wasn’t 15 October we got it, yeah, in late 2000. " ·
1 6 significant to us. . _. 1 6 What's the date of this? _
17 Q So, when you put we expect the total 17q MR. GARVEY: October 8th. ` ·
18 amount eventually to be approximately ‘ . 1 8 Q And for Meadowlark Lemon, the tota
1 9 $30,000, you -- did you have no idea? 1 9 wholesale sales were 780,000? I'm " `
2 O A I had no idea what the structure for 2 0 rounding off
2 1 ` disbursement would be at that time. 2 1 A So 18,000 units at total wholesale — {
22 Q But did you have any way to come up 22 of 800,000. I .
2 3 with $30,000 other than picking it out of 2 3 ·Q And applying that 8 percent, how .
2 4 - the air? 2 4 much was his share?
2 5 A No. 2 5 ` ~ Az Y HG1, the Globetrotters got 62;000; ~
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Page 148 Page 149 ·
· ‘ 1 MANNIE JACKSON 1 MANNIE JACKSON
2 and the player got 5,000, 8 pei·eent»’of the 2 MR. HERZ: Exhibit number?
3 »$62,0004;1andzthe+foundation.—was to receive 3 MR. MITNIK: I'm trying to figure »
· 4 5,000, 8 percent ofthe 62,0001 2 r 4 it out. ·
5 Q All right. Now, of these players, 5 MR. GARVEY: Thirteen. (
6 which ones are current players as opposed 6 Q Okay. On the next to the last page,
7 to the old players? Remember we were in. 7 you were showing 8 percent. Was the first
8 that discussion about the old players? 8 $10 million actually at 10 percent?
9 A We're only dealing with the old 9 A Yeah, I think so. I think it was
10 players. 1 0 10 million. 3 {
11 Q How come? 1 1 Q Why then were you using 8 percent? `
r 12 A That’s the only ones that came up as 12 A May I ask a question? 0
13 an issue with this. The only current 13 A TI-[E WITNESS: Was it 10 percent?
, 14 player that‘s on here is -- current 1 4 MRJMITNIK: You can look on
15 performer employee that‘s on here is Lou 1 5 there. See right up top, under net
16 Dunbar. Geese Ausbie is also an employee. 1 6 sales for royalty. ’ _
5 17 Q Well, I'm talking about players, not 1 7 MS. LENIHAN: It was 10. ‘
18 employees. 1 8 A It was 10 percent? Don't hold me
. 1 9 A Dunbar had been the only player 19 I exactly for it. I roughed it out right
2 O currently on this list. And I don't have 2 0 here to give you an example of what
. 2 1 the records for all the current player 2 1 _happened, to give you the structure ofthe
2 2 stuff that‘s sold at retail through Fubu 2 2 transaction.
2 3 and outside of F ubu. , 2 3 Q Why were you applying 8 percent whe · "
1 32 4 Q We need this one, which is the 2 4 it was actually 10 percent? t
25 March 28th, 2003 fax. 2 5 A Was this the first 10 million?
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Page 174 A Page 175
1 MANNIE JACKSON 1 1 MANNIE JACKSON V
2 Q Yes, sir, ` 2 out. I've got the copies. Let's
3 A His name was on there, yes. 3 mark this. A ‘
4 Q So apparently Mr; Greeson also was 4 (Whereupon, a letter dated October ` ·
5 interpreting these contracts in a - 5 31, 2003 Was m¤1‘k€d_¤S Plaintiffs
. 6 . manner -- I 6 _ Exhibit 18 for identification, as of V `
A — 7 A Yeah. _ · 7 this date.) - ‘ e ` ‘ 1
‘ 8 Q —- that gave more rights to these 8 MR. MQITNIK; And, also, if you `
` ` 1 .9 gentlemen than you are? 9 pull Number 4, which is previously
10 A Certainly different rights. It 1 O in, October 21st, 2003 letter from
1 1 ` looks like Mr. Greeson once was an agent, 1 1 _ Mr. Garvey to Mr. Townsend. -
12 then president of the company, and then 12 Q And if you would look on the second
13 having something to do with the tmion, 13 page of Exhibit 4. 1
1 4 right? , 1 4 MR. MITNIK: Have you found that?
15 Q . I want to go back to an _ 1 5 p Have we found that, Exhibit 4? ·
1 6 October 31st, 2003 letter that I believe 1 6 MR. GARVEY: No. Yes. _ _ ·
17 is already over there. · p 1 7 Q If you would look on the second page
1 8 MR. GARVEY: Can you give us an 1 8 of Exhibit 4, it says - this is a letter _
1 9 exhibit number? 1 9 from Mr. Garvey to Mr. Townsend. For you .
, 2 O MR. MITNIK: I don't have the 2 O information, the bobble head dolls were
2 1 exhibit number on my copy. It is 2 1 created as a way to fund the Harlem l
g 2 2 from Mr. Syracuse. 2 2 Globetrotter international foundation.
2 3 i MR. GARVEY: We've never seen 2 3 And even though HGI was under no _
2 4 that. 2 4 obligation to share the proceeds of bobble
25 -MR. MITNIK: This hasn't gone 25 head sales with any of the six alumni
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1 _ Page 176 Page 177
1 MANNIE JACKSON 1 A MANNIE JACKSON `
2 whose likenesses as Harlem Globetrotters 2 0 Which is October 31st, 2003. That
. 3 were used, it provided them each with 3 references the bobble head program. And
i 4 25 percent of the net sales. .;Es;»rthat*¤ 4 it says, "This program was established as
5 accuratentliat percent ohjnetrsazles was 5 a good will gesture. You are not entitled _
6 providederani·the¤-bobblerheads?- 6 to any payments." Would it be your
7 » `Y?es<.. 1 ·_ 7 testimony that this payment on the bobble
8 Q rWhy.wehetyowgiving them 25»percent 8 heads had nothing to do with our threat of
9 of net sales? · 9 lawsuit?
10 A Same reason I did the other been ` 10 A It had nothing to do with threat of V
11 one. Just dict it. 1 1 lawsuit.
12 Q 4 How didyou come up with 25 percent 12 Q And what is the reason that it is
13 instead of 8 percent? ` 13 ~ spelling out in here this is a good will
1 4 A Being extremely- generous on that. 1 4 gesture, you are not entitled to any
15 Q And it would .beryour..testimony that 15 payments? 3
1 6 the 25 percent hadnothing to do with any . 1 6 A Because it was a good will payment
_ 17 union agreement? that: specified 25 percent 17 and they were notentitled to payments,
18 to the players? 1 8 and we were trying to raise money for the _
p 1 9 A I neversaw a union agreement before 1 9 foundation. ·
20 to this meeting that had 25 percent to the 2 0 Q But what reason did you feel the _
2 1 players. 2 1 need to tell the players you're not V
22 Q Then there's a letter to the 22 entitled to any payments?
. 23 players, which is the —- what was that 2 3 A Just did it.
2 4 last exhibit number? Eighteen. 2 4 Q No other reason other than just did r
25 (Handing.) 0 25 it? .
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‘ . Page 198 Page 199
1 MANNIE JACKSON 1 A ` MANNIE JACKSON
2 used. _ `2 calls with hardship or difficulty, we help
"1 3 Q The foundation, when was that set 3 the,ni.,,,,, .,,,,m, @,m,»_, .,, _, _. L _;
4 4 up? . 4 . ..Q.r.rrrk1awrmeaigrt11aye¤$ rrecéived a 3 _
r .5 A Roughly 2002, 2000. 5 benefit undeig-Qligrdship case? ~ N
6 Q What was the purpose? 6 A Half a dozen to a dozen. .
7 A To raise funds and make 1 7 Q '" Who—are-»they? . · `
8 contributions to individuals arotmd the 8 . A I can't give them by name. A
`= 9 world and organizations around the world. 94 Q Can you ~gige.,.me any? ,. ‘
_ 1 O Q Was it to benefit financial the 1 0 A I can give you names, yes.
11 alumni? ll ryqwr gi _ x;;¤;·!· - _. .
12 A A portion of it was. 1 2 A .l,can't -give.-them to you now. . I
1 3 Q What portion? ‘ 13 don't have them now.·~ r
1 4 A — A portion of the funds. 14 Q You have access to the A
J 15 Q What portion? 15 . information --
1 6 A We didn't designate a ntunber. When 1 6 A Yes. . .
17 you say what portion, do you mean what 17 Q ··- but don't know any?
1 8 percent of the total ftmds in the -- 1 8 A I don't remember. r
19 Q Or any way that you were going to -- 1 9 Q Is that, I assume, documented `
2 0 A We had at least $250,000 that had 2 0 somewhere?
( J`; 2 1 been set aside for that. 2 1 A Yes, it is. V
2 2 Q Currently set aside? 22 Q What is the ballpark total amount
2 3 A Yes. 23 paid out in hardship? , _
2 4 Q What is the intent to do with that? 2 4 A I'd say close to 50,000 plus.
2 5 A As we do now, if a former player 2 5 Q Where does the rest of the money go?
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U r Page 200 Page 201 ‘
1 " MANNIE JACKSON 1 ‘ MANNIE JACKSON
2 A To what charities? 2 employees work for the company.
3 J Q Yeah. 3 5 Q So they're paid from Harlem
_ 4 A American Red Cross, United Way, . 4 Globetrotters, not the foundation? _
ii-} 5 _ United Negro College Fund, Humanitarian 5 A That's right.
6 Rights. There are hundreds of them across 6 ` Q So no salaries are paid out of the °
7 _ the country. Boysand Girls Clubs. __ 7 foundation? » ‘
I 8 Q Is there a list of everyone that's 8 A No. -
9 7 received contributions? . . 9 Q Or any distributions -— for example, _
_ 10 A Yes. 10 Ms. Lenihan doesn't get any distribution
i` 3 11 Q Do you know the total amount of 1 1 out of the foundation? ·
12 contributions that have gone out to 12 A No. There's one employee that's _ `
1 3 charitable organizations, ballpark? 1 3 paid ·— tmc non-employee paid from the
1 4 A No. 1 4 foundation, my daughter.
15 Q You’d have access to that? 15 Q What does she do? 7 '
_ p 1 6 A It's available, yes. 1 6 A She's the vice-chairman or
‘ } 17 Q I Do you know what the total budget 17 vice-president ofthe foundation. ° ~
18 is, ballpark? 18 Q How much is she paid?
19 A For this fiscal year, I don't know, 1 9 A $500 a month or something like that.
2 0 but I'd expect it's roughly 100,000. 2 0 . Q So she would be the only individual _
2 1 Q How many salaried employees? 2 1 paid for work related to the foundation? c Q
V 22 A In the company in total? 22 A Yes. -
ii} 23 Q In the foundation. Does the -2 3 A Q Does the foundation pay any money
2 4 foundation pay any employees? 2 4 back to the Harlem Globetrotters or
2 5 A The employees -— the foundation 2 5 corporation?
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