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National Collegiate ) Athletic Association ) No Case 4:14-md-02541-CW Document 941 Filed 07/25/18 Page 1 of 119 PAGES 1 - 118 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE CLAUDIA WILKEN, JUDGE IN RE: NATIONAL COLLEGIATE ) ATHLETIC ASSOCIATION ) NO. 14-MD-2541 CW ATHLETIC GRANT-IN-AID CAP ) ANTITRUST LITIGATION ) ) MARTIN JENKINS, ET AL., ) NO. C-14-2758 CW ) PLAINTIFFS, ) ) THURSDAY, JULY 19, 2018 VS. ) ) NATIONAL COLLEGIATE ) OAKLAND, CALIFORNIA ATHLETIC ASSOCIATION, ET AL.) ) PRETRIAL CONFERENCE DEFENDANTS. ) ____________________________) REPORTER'S TRANSCRIPT OF PROCEEDINGS FOR PLAINTIFFS: HAGENS BERMAN SOBOL SHAPIRO LLP 1918 EIGHTH AVENUE, SUITE 3300 SEATTLE, WASHINGTON 98101 BY: STEVE W. BERMAN, ESQUIRE JEFF D. FRIEDMAN, ESQUIRE WINSTON & STRAWN LLP 200 PARK AVENUE NEW YORK, NEW YORK 10166 BY: JEFFREY L. KESSLER, ESQUIRE JOSEPH A. LITMAN, ESQUIRE DAVID L. GREENSPAN, ESQUIRE (APPEARANCES CONTINUED) REPORTED BY: DIANE E. SKILLMAN, CSR NO. 4909 OFFICIAL COURT REPORTER TRANSCRIPT PRODUCED BY COMPUTER-AIDED TRANSCRIPTION DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC Case 4:14-md-02541-CW Document 941 Filed 07/25/18 Page 2 of 119 2 1 FOR PLAINTIFFS: WINSTON & STRAWN LLP 101 CALIFORNIA STREET 2 SAN FRANCISCO, CALIFORNIA 94111 BY: SEAN D. MEENAN, ESQUIRE 3 JEANIFER E. PARSIGIAN, ESQUIRE 4 FOR PLAINTIFFS : PEARSON SIMON WARSHAW LLP 44 MONTGOMERY STREET, SUITE 2450 5 SAN FRANCISCO, CALIFORNIA 94104 BY: BENJAMIN E. SHIFTAN, ESQUIRE 6 BRUCE L. SIMON, ESQUIRE 7 PRITZKER LEVINE LLP 8 180 GRAND AVNEUE, SUITE 1390 OAKLAND, CALIFORNIA 94612 9 BY: ELIZABETH C. PRITZKER, ESQUIRE 10 11 FOR DEFENDANT WILKINSON WALSH + ESKOVITZ NCAA: 2001 M STREET NW, 10TH FLOOR 12 WASHINGTON, DC 20036 BY: BETH A. WILKINSON, ESQUIRE 13 BRANT W. BISHOP, ESQUIRE 14 WILKINSON WALSH & ESKOVITZ 11726 SAN VICENTE BLVD., STE. 600 15 LOS ANGELES, CALIFORNIA 90049 BY: SEAN ESKOVITZ, ESQUIRE 16 17 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 18 4 TIMES SQUARE NEW YORK, NEW YORK 10036 19 BY: JEFFREY A. MISHKIN, ESQUIRE KAREN HOFFMAN LENT, ESQUIRE 20 21 (TELEPHONICALLY) RILEY SAFER HOLMES & CANCILA LLP 121 W. WASHINGTON STREET, STE. 402 22 ANN ARBOR, MICHIGAN 48104 BY: GREGORY CURTNER, ESQUIRE 23 24 25 (APPEARANCES CONTINUED) DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC Case 4:14-md-02541-CW Document 941 Filed 07/25/18 Page 3 of 119 3 1 FOR DEFENDANT PROSKAUER ROSE LLP 2 PAC-12 CONFERENCE: 2049 CENTURY PARK EAST, SUITE 3200 LOS ANGELES, CALIFORNIA 90067 3 BY: BART H. WILLIAMS, ESQUIRE SCOTT P. COOPER, ESQUIRE 4 KYLE A. CASAZZA, ESQUIRE (TELEPHONICALLY) JENNIFER L. JONES, ESQUIRE 5 6 FOR DEFENDANT ATLANTIC SMITH MOORE LEATHERWOOD LLP COAST CONFERENCE: 101 N. TRYON STREET, SUITE 1300 7 CHARLOTTE, NORTH CAROLINA 28246 BY: JONATHAN P. HEYL, ESQUIRE 8 9 FOR DEFENDANT SOUTH- ROBINSON BRADSHAW & HINSON PA EASTERN CONFERENCE: 101 NORTH TRYON STREET 10 SUITE 1900 CHARLOTTE, NORTH CAROLINA 28246 11 BY: ROBERT W. FULLER, ESQUIRE PEARLYNN G. HOUCK, ESQUIRE 12 (TELEPHONICALLY) AMANDA R. PICKENS, ESQUIRE 13 FOR DEFENDANT SUN BELT JONES WALKER LLP 14 CONFERENCE: 201 ST. CHARLES AVENUE NEW ORLEANS, LOUISIANA 70170-5100 15 (TELEPHONICALLY) BY: MARK A. CUNNINGHAM, ESQUIRE 16 17 FOR DEFENDANT THE BIG MAYER BROWN LLP TEN CONFERENCE, INC.: 71 SOUTH WACKER DRIVE 18 CHICAGO, ILLINOIS 60606-4637 (TELEPHONICALLY) BY: BRITT M. MILLER, ESQUIRE 19 (TELEPHONICALLY) ANDREW S. ROSENMAN, ESQUIRE 20 21 22 23 24 25 (APPEARANCES CONTINUED) DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC Case 4:14-md-02541-CW Document 941 Filed 07/25/18 Page 4 of 119 4 1 FOR DEFENDANT THE BIG MAYER BROWN LLP TEN CONFERENCE: 1999 K STREET, N.W. 2 WASHINGTON, DC 20006 (TELEPHONICALLY) BY: RICHARD J. FAVRETTO, ESQUIRE 3 4 FOR DEFENDANT MID- WALTER HAVERFIELD LLP AMERICAN CONFERENCE: 1301 EAST NINTH STREET, SUITE 3500 5 CLEVELAND, OHIO 44114 (TELEPHONICALLY) BY: R. TODD HUNT, ESQUIRE 6 7 WALTER HAVERFIELD LLP 1301 EAST NINTH STREET, SUITE 3500 8 CLEVELAND, OHIO 44114 (TELEPHONICALLY) BY: BENJAMIN G. CHOJNACKI, ESQUIRE 9 10 FOR DEFENDANT AMERICAN COVINGTON & BURLING LLP ATHLETIC CONFERENCE: ONE CITY CENTER 11 850 TENTH STREET, N.W. WASHINGTON, DC 20001 12 (TELEPHONICALLY) BY: BENJAMIN BLOCK, ESQUIRE 13 14 FOR DEFENDANT THE BIG POLSINELLI, PC 12 CONFERENCE INC., 2950 N. HARWOOD STREET, SUITE 2100 15 CONFERENCE USA INC.: DALLAS, TEXAS 75201 BY: LEANNE K. CAPPS, ESQUIRE 16 17 POLSINELLI PC 120 W. 12TH STREET 18 KANSAS CITY, MISSOURI 64105 (TELEPHONICALLY) BY: MILTON S. WINTER, ESQUIRE 19 20 FOR DEFENDANT MOUNTAIN BRYAN CAVE LLP WEST CONFERENCE: 90 SOUTH CASCADE AVENUE, STE. 1300 21 COLORADO SPRINGS, COLORADO 80903 (TELEPHONICALLY) BY: BRENT E. RYCHENER, ESQUIRE 22 23 --O0O-- 24 25 DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC Case 4:14-md-02541-CW Document 941 Filed 07/25/18 Page 5 of 119 5 1 THURSDAY , JULY 19 , 2018 TIME }.M. 2 P R O C E E D I N G S 3 (PROCEEDINGS HELD OUTSIDE THE PRESENCE OF THE COURT) 4 THE CLERK: HELLO, COUNSEL. MY NAME IS DOUG. I'M 5 JUDGE WILKEN'S COURTROOM DEPUTY. 6 WHAT I'M GOING TO DO IS STATE YOUR NAME AND PLEASE 7 ANNOUNCE YOUR PRESENCE. 8 ROBERT HUNT? 9 MR. HUNT: YES, PRESENT. 10 THE CLERK: THANK YOU. 11 MILTON WINTER? 12 MR. WINTER: YES, I'M HERE. 13 THE CLERK: MARK CUNNINGHAM? 14 MR. CUNNINGHAM: PRESENT. THANK YOU. 15 THE CLERK: ERIK ALBRIGHT? MR. ALBRIGHT? 16 (NO RESPONSE) 17 THE CLERK: BENJAMIN BLOCK? 18 (NO RESPONSE) 19 THE CLERK: BENJAMIN CHOJNACKI? 20 MR. CHOJNACKI: PRESENT. 21 THE CLERK: THANK YOU. 22 GREGORY CURTNER? MR. CURTNER? 23 MR. CURTNER: PRESENT. 24 THE CLERK: THANK YOU. 25 RICHARD FAVRETTO? DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC Case 4:14-md-02541-CW Document 941 Filed 07/25/18 Page 6 of 119 6 1 MR. FAVRETTO: PRESENT. 2 THE CLERK: THANK YOU. 3 JENNIFER JONES? 4 MS. JONES: PRESENT. 5 THE CLERK: THANK YOU. 6 BRITT MILLER? 7 MS. MILLER: PRESENT. 8 THE COURT: THANK YOU. 9 AMANDA PICKENS? 10 MS. PICKENS: PRESENT. 11 THE CLERK: THANK YOU. 12 ANDREW ROSENMAN? 13 MR. ROSENMAN: PRESENT. 14 THE CLERK: AND BRENT RYCHENER? 15 MR. RYCHENER: PRESENT. 16 THE CLERK: THANK YOU. 17 I'LL GO BACK TO MR. ALBRIGHT, ERIK ALBRIGHT? 18 (NO RESPONSE) 19 AND BENJAMIN BLOCK? 20 (NO RESPONSE) 21 IS THERE ANYBODY'S NAME WHO SIGNED UP FOR COURT CALL THAT 22 I DIDN'T CALL? 23 (NO RESPONSE) 24 OKAY. COUNSEL. WE WILL BE STARTING IN JUST A MOMENT. 25 MR. BLOCK: THIS IS BENJAMIN BLOCK. I DROPPED AND DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC Case 4:14-md-02541-CW Document 941 Filed 07/25/18 Page 7 of 119 7 1 RECONNECTED. 2 THE CLERK: CALLING CIVIL MATTER 14-2541 IN RE 3 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION ATHLETIC GRANT-IN-AID 4 CAP ANTITRUST LITIGATION AND CASE 14-2758 JENKINS VERSUS NCAA. 5 THE COURT: SO I THINK THE CLERK HAS ALREADY TAKEN 6 ALL OF YOUR APPEARANCES AS WELL AS THE APPEARANCES ON THE 7 PHONE. SO -- AND I HAVE A LIST OF WHO'S ANTICIPATED TO 8 ACTUALLY BE SPEAKING. 9 SO IF, FOR STARTERS, YOU COULD TELL ME WHO YOU ARE IF YOU 10 THINK I MIGHT NOT KNOW YOU ALREADY -- I GUESS I KNOW MOST OF 11 YOU. 12 THIS IS ON FOR PRETRIAL CONFERENCE AND MOTIONS IN LIMINE. 13 SO WE'LL START WITH THE MUNDANE AND PROCEED IN ORDER OF 14 MAGNITUDE TO THE MORE IMPORTANT STUFF. 15 FIRST THING IS, I DON'T LIKE THE COLORS OF YOUR DEPO 16 EXCERPTS. I CAN'T READ THE PURPLE ONES AND THE RED ONES. AND 17 I'M GOING TO ASK YOU, WHAT I REALLY WANT FOR THE DEPO EXCERPTS 18 AND THE WAY I DO THIS, IS I GET THE EXCERPT AND IT SAYS -- IT 19 HAS THE PARAGRAPH, AND THEN TO THE RIGHT OF THE PARAGRAPH, IT 20 SAYS "103", "701", "403", AND THEN THERE'S SOME ROOM TO THE 21 RIGHT OF THAT WHERE I WRITE "ADMIT", "EXCLUDE", "ADMIT", 22 "EXCLUDE", AND THEN I GIVE IT BACK TO YOU. 23 SO IF YOU COULD -- I'M SORRY TO BURDEN YOU WITH THIS AND I 24 SHOULD HAVE MADE MYSELF MORE CLEAR, BUT THIS IS HOW I LIKE TO 25 DO IT. THEN I CAN READ IT. I CAN'T READ IT IF IT HAS A RED DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC Case 4:14-md-02541-CW Document 941 Filed 07/25/18 Page 8 of 119 8 1 OR PURPLE BACKGROUND. IT'S JUST TOO DARK. I CAN'T THE STUFF. 2 I NEED LIKE A NICE PASTEL PINK AND A PASTEL GREEN, AND A FEW 3 COLORS LIKE THAT. 4 IF YOU COULD, I THINK YOU'VE GOT BIG ENOUGH MARGINS THERE 5 TO PUT EITHER A BOX OR JUST SOME SPACE AND PUT THE RULE. YOU 6 DON'T NEED TO SAY "FEDERAL RULE OF EVIDENCE" EVERY TIME. I'LL 7 ASSUME IT'S A FEDERAL RULE OF EVIDENCE UNLESS YOU SAY LET'S 8 SAY "R" IF IT'S AN FRPC CITE, THAT WAY YOU'LL HAVE MORE ROOM. 9 AND THEN LEAVE A SPOT FOR ME. 10 I'LL TRY TO FIGURE IT OUT ON MY IPAD SO THAT I CAN TYPE IN 11 "ADMIT", "EXCLUDE". USUALLY I HAND WRITE IT IN, BUT I SHOULD 12 BE ABLE TO TYPE IT IN, AND THEN I CAN REPRODUCE IT BACK FOR 13 YOU AND THEN YOU WILL KNOW WHAT'S IN AND WHAT'S OUT. 14 I WOULD LIKE TO DO THAT BEFORE THE TRIAL STARTS SO THAT 15 YOU KNOW WHAT'S IN AND WHAT'S OUT, BUT IT'S GOING TO TAKE ME A 16 LITTLE WHILE TO READ THAT SO IT KIND OF DEPENDS ON WHEN I GET 17 IT.
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