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BOARD of GOVERNORS for and : on Behalf of WEST VIRGINIA : UNIVERSITY : CIVIL ACTION NO

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BOARD of GOVERNORS for and : on Behalf of WEST VIRGINIA : UNIVERSITY : CIVIL ACTION NO Page 1 IN THE CIRCUIT COURT OF MONONGALIA COUNTY, WEST VIRGINIA WEST VIRGINIA UNIVERSITY : BOARD OF GOVERNORS for and : on behalf of WEST VIRGINIA : UNIVERSITY : CIVIL ACTION NO. Plaintiff : 07-C-851 v : RICHARD RODRIGUEZ : Defendant : * * * Videotape Deposition of Mike Parsons Tuesday, June 10, 2008 * * * a witness herein, taken on behalf of the Defendant in the above-entitled cause of action pursuant to notice and the West Virginia Rules of Civil Procedure by and before Debra A. Volk, Notary Public within and for the State of West Virginia at the law offices of Flaherty, Sensabaugh & Bonasso, PLLC, 965 Hartman Run Road, Suite 1105, Morgantown, West Virginia 26505, commencing at 9:14 a.m. Page 2 Page 4 1 STRESKI REPORTING & VIDEO SERVICE 1 APPEARANCES (Cont.): TRANSCRIPT LICENSE AGREEMENT 2 2 3 By signing the Transcript Order Form to 3 On behalf of the Plaintiff: receive and pay for a copy of this transcript, 4 4 (and/or video) I agree that I nor any person, ROBERT P. FITZSIMMONS, Esquire attorney, paralegal or expert witness may make, 5 Fitzsimmons Law Offices, 1609 Warwood Avenue, 5 copy and/or distribute to others or upload to any 6 Wheeling, West Virginia 26003 internet websites or deposition repositories for 6 future sales, monetary gain or any other purpose 7 Telephone: (304) 277-1700 any copies of this transcript (and/or video) 8 Fax: (304) 277-1705 7 without paying Streski Reporting & Video Service, 9 a Division of MDStreski, LLC, the ordinary and E-mail: [email protected] 8 customary charges for any and all additional 10 copies viewed on line or downloaded by any third 11 9 party. 10 12 On behalf of the Plaintiff: 11 This Transcript License Agreement does 13 ROBERT J. FITZSIMMONS, Esquire permit the ordering and paying party to share 12 this transcript with co-counsel of record 14 Fitzsimmons Law Offices, 1609 Warwood Avenue, representing the same party(ies), the client(s) 15 Wheeling, West Virginia 26003 13 and the expert witnesses hired on the client's 16 Telephone: (304) 277-1700 behalf. 14 17 Fax: (304) 277-1705 15 Signed by: Thomas V. Flaherty, Esquire 18 E-mail: [email protected] 16 On behalf of the Plaintiff, 6-11-08 17 19 18 Signed by: Marvin A. Robon, Esquire 20 19 On behalf of the Defendant, 6-11-08 21 20 21 22 22 23 23 24 24 Page 3 Page 5 1 APPEARANCES: 1 APPEARANCES (Cont.): 2 2 3 On behalf of the Plaintiff: 3 On behalf of the Defendant: 4 THOMAS V. FLAHERTY, Esquire 4 SEAN P. MCGINLEY, Esquire 5 Flaherty, Sensabaugh & Bonasso, PLLC, 200 Capital 5 DiTrapano, Barrett, & DiPiero, PLLC, 604 Virginia 6 Street, Charleston, West Virginia 25301 6 Street East, Charleston, West Virginia 25301 7 Telephone: (304) 345-0200 7 Telephone: (304) 342-0133 8 Fax: (304) 345-0260 8 Fax: (304) 342-4605? 9 E-mail: [email protected] 9 E-mail: [email protected] 10 10 11 11 12 On behalf of the Plaintiff: 12 On behalf of the Defendant: 13 JEFFREY M. WAKEFIELD, Esquire 13 MARVIN A. ROBON, Esquire 14 Flaherty, Sensabaugh & Bonasso, PLLC, 200 Capital 14 Barkan & Robon, LTD, 1701 Woodlands Drive, Suite 15 Street, Charleston, West Virginia 25301 15 100, Maumee, Ohio 43537-4092 16 Telephone: (304) 345-0200 16 Telephone: (419) 897-6500 17 Fax: (304) 345-0260 17 Fax: (419) 897-6200 18 E-mail: [email protected] 18 E-mail: [email protected] 19 19 20 20 21 21 22 22 ALSO PRESENT: 23 23 John C. Taylor, Videographer 24 24 2 (Pages 2 to 5) Page 6 Page 8 1 I N D E X 1 O B J E C T I O N S (Cont.) 2 WITNESS PAGE 2 PAGE LINE 3 Mike Parsons 3 By Mr. Flaherty ....................... 197 11 4 Examination By Mr. Robon .............. 11 4 By Mr. Flaherty ....................... 197 17 5 Examination By Mr. Flaherty ........... 220 5 By Mr. Robon .......................... 220 13 6 Examination By Mr. Robon .............. 222 6 By Mr. Robon .......................... 221 18 7 7 By Mr. Robon .......................... 221 23 8 8 9 E X H I B I T S 9 10 PAGE 10 11 Parsons Deposition Exhibit EE .............. 43 11 12 Parsons Deposition Exhibit FF .............. 44 12 13 Parsons Deposition Exhibit GG .............. 47 13 14 Parsons Deposition Exhibit HH .............. 50 14 15 Parsons Deposition Exhibit II .............. 53 15 16 Parsons Deposition Exhibit JJ .............. 113 16 17 Parsons Deposition Exhibit KK .............. 119 17 18 18 19 19 20 O B J E C T I O N S 20 21 PAGE LINE 21 22 By Mr. Flaherty ....................... 24 4 22 23 By Mr. Flaherty ....................... 24 10 23 24 By Mr. Flaherty ....................... 28 19 24 Page 7 Page 9 1 O B J E C T I O N S (Cont.) 1 * * * 2 PAGE LINE 2 P R O C E E D I N G S 3 By Mr. Flaherty ....................... 39 20 3 * * * 4 By Mr. Flaherty ....................... 75 8 4 VIDEOGRAPHER: We're now on 5 By Mr. Flaherty ....................... 80 18 5 the record in the matter of WVU versus Rodriguez, 6 By Mr. Flaherty ....................... 82 21 6 Civil action number 07-C-851. My name is John 7 By Mr. Wakefield ...................... 85 18 7 Taylor. I'm a legal video specialist from Katz 8 By Mr. Flaherty ....................... 92 11 8 Consulting Group, LLC, located at 820 Quarrier 9 By Mr. Flaherty ....................... 92 22 9 Street, Charleston, West Virginia, 25301. I'm not 10 By Mr. Flaherty ....................... 103 23 10 related to any parties to this action or to 11 By Mr. Flaherty ....................... 122 24 11 counsel of record, nor do I have a financial 12 By Mr. Flaherty ....................... 132 18 12 interest in this action. Today is June 11, 2008. 13 By Mr. Wakefield ...................... 141 4 13 The time is 9:14 a.m. This deposition is taking 14 By Mr. Flaherty ....................... 149 3 14 place at Flaherty, Sensabaugh & Bonasso, PLLC, 15 By Mr. Flaherty ....................... 154 7 15 965 Hartman Run Road, Morgantown, West Virginia. 16 By Mr. Flaherty ....................... 156 16 16 The deponent today is Mike Parsons. Will the 17 By Mr. Flaherty ....................... 156 24 17 Court Reporter and Counsel please identify 18 By Mr. Flaherty ....................... 159 10 18 themselves for the record? 19 By Mr. Wakefield ...................... 160 12 19 COURT REPORTER: I am Debra 20 By Mr. Flaherty ....................... 179 2 20 Volk, Court Reporter, here on behalf of Streski 21 By Mr. Flaherty ....................... 179 10 21 Reporting and Video. 22 By Mr. Fitzsimmons .................... 180 21 22 MR. ROBON: Good Morning, 23 By Mr. Flaherty ....................... 182 14 23 Marvin A. Robon from the law firm of Barkan & 24 By Mr. Flaherty ....................... 189 3 24 Robon representing Rich Rodriguez. 3 (Pages 6 to 9) Page 10 Page 12 1 MR. MCGINLEY: Sean McGinley, 1 A. A litigation against the University 2 for the Defendant. 2 by a former coach. 3 MR. FITZSIMMONS: Robert J. 3 Q. Which coach was that? 4 Fitzsimmons on behalf of West Virginia 4 A. Mike Seabolt, former soccer coach at 5 University. 5 West Virginia. 6 MR. WAKEFIELD: Jeff 6 Q. How long ago was that? 7 Wakefield appearing on behalf of West Virginia 7 A. Last week. 8 University. 8 Q. It's still pending? 9 MR. FITZSIMMONS: Bob 9 A. Yes. 10 Fitzsimmons, West Virginia University. 10 Q. And who's suing who? 11 MR. FLAHERTY: And I'm Tom 11 A. He is suing the university; he was 12 Flaherty for the Plaintiff. 12 terminated for a violation of NCAA rules. 13 THE WITNESS: Mike Parsons, 13 Q. And he's suing for breach of 14 Deputy Director of Athletics of West Virginia 14 contract, I assume? 15 University. 15 A. I'm not sure exactly the terms. 16 VIDEOGRAPHER: Would the 16 Q. Which court is it pending in? 17 Court Reporter please swear in the witness? 17 A. Monongalia County, I think. 18 18 Q. And who is the plaintiff's lawyer? 19 19 A. Mike Folio -- or Florio, Mike Florio. 20 20 Q. Is that the only time you've been 21 21 deposed? 22 22 A. That I recall, yes. 23 23 Q. Has Craig Walker or President 24 24 Garrison been deposed in that case? Page 11 Page 13 1 * * * 1 A. Not that I'm aware of. 2 MIKE PARSONS 2 Q. Who else has been deposed that you're 3 being first duly sworn, was examined and deposed 3 where of? 4 as follows: 4 A. Ed Pastilong, our Director of 5 * * * 5 Compliance, Brad Cox, Terry Howes, an associate 6 E X A M I N A T I O N 6 athletic director for sports development. 7 BY MR. ROBON: 7 Q. That case apparently hasn't made the 8 Q. Would you give your name and your 8 news? 9 business address for the Jury? 9 A. Oh, I think it has. 10 A. Mike Parsons, West Virginia 10 Q. It has. 11 University, 107 Coliseum. 11 That's the only time you've been 12 Q. Mr. Parsons, how long have you been 12 deposed? 13 the assistant athletic director? 13 A. That I recall, yes. 14 A. My title is Deputy Director of 14 Q. Have you ever been involved in a 15 Athletics, which I've been in that role for about 15 lawsuit yourself? 16 six or seven years. 16 A. I'm not sure of the exact terminology 17 Q. Is that the same as an assistant? 17 but I've appeared as a witness before.
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