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Kevin Dunn 2009 deposition in the Ultimate Warrior lawsuit against WWE over the Self-Destruction of the Ultimate Warrior DVD.
Citation preview
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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ARIONA
Ultimate Creations, Inc., andAnzona corporation, Warror and
Dana Warior, husband and wife,
Plaintiffs
VS 'CV06-00535-PRX-ROX
Vincent K. McMahon and LindaMcMahon, husband and wife; TitanSports, Inc., a Connecticutcorporation, World WrestlingEntertainment, a Connecticutcoworation,
Defendants-~~-------~---------------
VIDEOTAPED DEPOSITION OF
KEVIN DUNN
April 23, 20099: 11 :a.m.
Rosenblum Newfield LLCOne Landmark Square
Stamford, Connecticut 06901
Clifford Edwards, LSR
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 5 of 62
.Kevin Dunn April 23, .2009
i Q
l3Okay. Is it acceptable for this
.2 deposition for us just to refer to. WWE ,and that
3 would encompass your time at bothWWF and WWE?
-4 A Yes.
Okay. Is your actual employerTi tan.5 Q
Now?
Yes.
No..
Okay. How long were you employed by Tit~n
6 Sp ort sO?
7 A
l3 changed their name to World Wrestl.ing Federation or
I was employed with them until they
'¡i
8 Q
l4 World Wrestling Entertainment..You just don't recall when t:hat was_
20 A
9 A
No~
18 Did your job responsibilities change when the name
Okay. Your employer changed its name.
10 Q
19 change occurred?
II Sports?
l2 A
Not necessarily.
22 your tenure at Titan Sports, WWF, WWE? You start in
Okay. Sort of give me a br~e£ history of
15 Q
23 1983, and you're currently employed there.
16 A
17 Q
.21 Q
24
25 A
Correct '?
Started in 1983 , currently employed there,
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 6 of 62
Kevin Dunn April 23, 2009
l4lworked my way up being an associate producer; to a2 ,Producer, to se:niorproducer, to a supervising
3 producer, to an executive producer, to what I am now
4 which is executive vice president television.
5
6 producer?
7 A
8
Do you happen to recall when you became aQ
No..
Q Did your j ob responsibilities change every
9 time your job title changed?
10 A
IIl2 -producer?
l3 A
l4iS producer?
16
Most likely.
Q Okay". When did you .become an executive
I believe it was 1993.
Q And what were your jobs as an executive
A To supervisor the television studio! the
l7 television production studio.l8 Can you explain to me exactly what thoseQ
19 responsibilities were?20 To be the head person in charge of allA
21 technical television facilities and production
22 facilities.23 Q And were you responsible for the24 videotaping of all WWE wrestling matches?
25 When I became executive producer?A
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 7 of 62
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Kevin Dunn April .23, 2009
l5
Q Yes, sir.A Yes..Q Were you re.sponsible for the various
programming that WWE would put on, including
vignettes interviews and things of that nature?
A Yes.Q Okay.. When did WWE - - and again, Ilm
going to use it gener.icaiiy to cover Titan
Sport s, WWF and WWE..
Is -Chat okay?
A Yes.QAt some point, did WWE start making home
videos?A Ilm sorry. Was ther.ea question there?
Q Did WWE start producing videos to be sold
to consumers.?
A Yes.Q When did that occur?A I don't know_
Q What l s your best recollection?A Mid' 80s.Q Okay. When did you start having any
responsibility, if at all~ £or the production of
those home videos?
A I'm not a hundred percent sure.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 8 of 62
Kevin .Dunn April 23, 2009
l6L Certainly, when I was executive producer, that :fell2 under m~ at that ,point..
3 Q So at least as early as 1993?
4 A Yes.
5 Q Okay. Who - - once you - - strike
6 that.7 Once you became theexecuti ve producer and
8 had some responsibility -for -the home videos, who was
9 it that would make the decision as to what the-
. iO subjects were going to be for the home videos?
-ii A Back in 1993, I could not tell you.
12 Q Okay.. Was .therea separate division of
l3 WWE that did home videos versus the tel evision ' s
l.4 productions?
.15 A No..
l6 Q They were done together.
17 I s that correct?l8 A i wouldn't say they were done together..19 It was certainly housed in the same building.
20 Q Okay.. I r m going to show you some exhibits
2J. later on and primarily a number of e-mails.
22 Did you look at any of the e-mails that.23 were sent to you or .that you sent out concerning
24 this 11 Self Destruction o-f Ultimate Warriorl1 video in25 preparation -for today.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 9 of 62
Kevin Dunn April 23 , 2009
23
'), l ever, whether it was 2005 or beÍ ore, having
2 discussions wi tb anyone about making the Warrior
3 DVD?.4 A
5 Q
6 made in summer of 2005_.
Okay ~ I will tell you that the nVD was
.I don It know.
7 Do you have any recollection -- does that8 help refresh your recollection as to when you had
9 your first discussions?
iO A
IIN 0 ~.'
.l2 decisions what subj ec.ts were going to be made intoQ Who mäkes-- in 2005, who made .tbe
l3home videos:?)/
'14 A The those discussions were -- were a
l5 group deci sion..
l6l7
Q And who was a part of that group?
A Donna Goldsmith, who is in charge of
l8 consumer products i Vince McMahon, mysel£, Jennifer
20
19 Good, maybe-- maybe others..
Q Who is Jennifer Good?
.21 A She i S the vice president of television22 programming.
23
24
25
Does she report to you?Q
A Yes.
Q Is she directly under you?
./
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 10 of 62
.Kevin Dunn April 23, 2009
3ll employed by WWE?
:2 MR. McDEVITT : Obj ect to the form and
3 conclusion o£ employment.
4 You can answer. c.:
:s A Bot necessarily_6 BY MR. MAYNARD :
7 Q Okay. There will be times during the day
8 when your counsel 'will ODj ect to the form o£ the
9 - question. He's making a record. You can go ahead
lO and answer those questions unless ße instructs youLL not to answer..l2 For instance, i£ I were to agk you a
L3 question about the conversa.tions you had with himL4 and you were starting to answer.. Re' a. instruct youL5 not to answer, and II d Buggest you follow his
16 instructions_17 Do you understand that?18 A Yes.
19 Q Okay. Have there ever been DVDs that WWE
20 has put out that portray the'individual wrestler or2l the character in a negative connotation?
22 A I would--
23 MR. McDEVITT-: I obj ect to the £orm
24 of the question.
25 Go ahead, Kevin. You can
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 11 of 62
Kevin Dunn April 23,2009
3.2
l answer.
2 A I assume so..
3 BY MR. 'MAYNARD::
4 Q Are you aware oÍ any as we si there?5 A Notnecessar.ily..6 Q Do you believe that the Warrio.r video
7 portrays Warrior in a negative way?
8 A I don It know..
9 Q Are you aware, as we sit here, of any
iO vîdeos put out by WWE that portrays an indïvidual in
ii a negative way?
1.2 A I--l3 MR.. McDEVITT:: Again, I have to
l.4. object to the form of that. I th.ink
15 that J s so ambiguous I don i t know how
:16 . someone would answer that~
l7 But go ahead" Kevin, if you can.l8 A Not that I know of.
.19 BY MR. MAYNARD:
20 Q Okay _ Is it 'fair to say that generally
21 the videos that are put out by WWE concerning
22 wrestlers are positive about the wrestler J s23 career?24 A Ilm not -- I1m not sure.
2S Q Are you aware of any videos ,for
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 12 of 62
Kevin Dunn April 23,2009
l A
38
Laurie Calabrese..Did Laurie Calabrese Íeport to you?
No.
I'm going to get thi s name wrong i but it's
5 Kieran Bent.?
2 Q
3 A
-4 Q
6 A
7 Q
8 A
9 Q
10 A
II Q
l2 today?
l3 A
_m-T5 ... .m... .. . .... m-A m
l4 Q
l6 Q
l7 A
l8 Q
19 A.
20 Q
2l A
22 Q
23 A
24 Q
25 A
Yes.
Who is that?
Who did he report to?
He's an assistant -producer in home video.
,
I believe Laurie Calabrese.
Does he continue to be with the business
Yes..
What's his position today'?
":1 don.'tm-xTIOw.-:'
Does he report to you at all?
No.
Do you work with him at all?
No.
Dan Pucherell i?Yes.
What was his position in 2005?
I don i t know.
I s he wi th WWE today?
Yes.
ESQl¿IB~
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 13 of 62
Kevin Dunn April 23 , 2009
l Q
42
A lot of this appears to have been
3 But there IS the :buiiet point that J s.2 redacted..
-4 noti i.t saysi "Ultimat.e Warrior make this
5 controversial."
£ Do you see that?7 A Yes..
Do you have any understanding ofw'hat that
I think i t would --
MR.. McDEVTTT:: ;Agai~n, I object.
Make it controversial.
MR.. McDEVTrT-: Form~
8 Q
Foundation"...-l--.--B-¥ .MR,. .....MA-YNA.RD";...._..
9 meant?
.10 A
What does that mean to you?
That means make it controversial, make it
18 interesting, make it marketable.
IIl2 A
Do you consider your WrestleMania DVDs are
20 interesting?
l3
l4
l6 Q
l7 A
19 Q
:21 A
22 Q
23 A
24 Q
25 A
Yes.
Do you consider tha.t they J Te marketable?Yup.
Do you consider they 1 re controversial?
Not necessarily, but they could be.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 14 of 62
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Kevin Dunn April 23, 2009
43
Q i s there some other element ~n your mind
that goes into making something controversial i other
than interesting and marketable?
A Not necessarily. I don i tknow . I don It
know how to answer tbat question.
Q Okay~ Did you ever participate i.nconversations with Mr. McMahon concerning the
Warrior DVD when you discussed making t.he DVD
controversial?A. Not that I recall.Q Did you ever have discussions
wi th anyone
at WWE concerning the Warrior DVD abou.tmaking it
controversial?A Not tbat I recall.QTofo=i_lq'\ ..1:.P on_ E_~J:i!?it. No. l i it
says, "Will he participate?"
Andthen after t.hat, i tsays, "Why did he
self destruct?"
Do you see t-hat?
A Yes.Q Do you have any understanding of what .is
meant by "Why did he self destruct?ß
MR. McDEVITT: Again, obj ection.Form and foundation.
MR.MA YNARD : I understand,
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 15 of 62
Kevin Dunn April 23, 2009
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44/"
Jerry. I understand your obj ection..Form is just £ine_
MR. McDEVITT~ It 'snot form. It'sfoundation.
He didn It write the document. You
are aski.ng him to explainMR. MAYNARD.: I know exactly what I'm
asking him.
And if he can answer it, he can
answer i.t. And if .he can't, then, he
ca'ni.t.
MR. .McDEVITT: :He di dn' t write -the
document ..
MR. MAYNARD:: I s that right?
MR. McDEVITT: How can he explain
what she meant?
MR. MAYNARD: He may have had
conversations _
MR. McDEVITT.: If you want to ask him
i£ he had conversations, then, go
ahe ad.
MR. MAYNARD .: And I will ask him
that..MR. McDEVITT: But your question is
asking him to explain what the author of
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 16 of 62
Kevin Dunn April .23 i 2009
45
the document meant that he didn't
wri t e .
MR. MAYNARD:: .I didn't ask him what
the author meant.
MR.. McDEVITT:: .I think you did.
MR. MAYNARD.: No, I didn't.
MR. 'McDEVITT; I think you did.
MR.. MAYNARD:: If you wan.t it, we'll
r€ad the question back..I asked him what his understanding
was.. And he can either tell TIe or he
can't..'MR.. McDEVITT: You are aski'ng his
understanding of what somebody ~else
wrot e..
MR. MA YNARD;Tha t' sri gh t.
MR.. McDEVITT; That he di dn 1 t
write --MR. MAYNARD:: I understand~
MR..McDEVITT: -- or receive~
MR. MAYNARD.: I understand..
MR. McDEVITT: There's no foundation
for that question..
But if you can answer it i Kevin, go
ahead.
./
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 17 of 62
Kevin Dunn. April 23, 2009
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MR. MAYNARD: I would appreciate
it, though, ~£ you quit doing speaking
obj ections.MR. McDEVITT: I 'il "'not doing speaking
obje cti ons ..
TheBe are self-evident
obj ections, and any lawyer would8 know.9 BY MR. MAYNARD.: .
iO Q Go ahead..
II Do you have an understanding of what is
l2 meant by "why did he sel_f destruct".?
l3l4 A
MR. McDEVITT:: Same obj ection..
15 explain why he self destruc.ted in the video.My understanding would be to put -- to
l6 BY MR.. MAYNARD:
17 Q
l8 worked on this Warrior DVD that he , Warrior, self
Do you have any understanding having
19 destructed?20
21 foundation.MR. McDEVITT: Again, obj ect for
22 You haven It established tha.t he23 worked on the Warrior video.24 BY MR. MAYNARD:
25 Q Can go ahead and answer.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 18 of 62
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Kevin Dunn April 23,2009
55
you, "What are Warrior's beefs with tbeWWE?"
Do you see that?A Yes.Q Did you respond to her?A I don't know.
Q What, if anything, did you understand wereWarrior i S beefs wi ththe WWB'?
A Well, newas no longer here.. And he was
here, not here, here, not here some amount of times.
So I would assume that he had beefs.
Q Okay. Ms. Good is somebody who reported
to you at this time.
Correct?A Ye.s..Q She seems to be asking you that
question, .implyingthat she thought you might
understand what those beefs were.
What did youundeTstand those beefswere, if you did?
A Ohi I - - I disagree with youras sumption.
This this e-mail is about Heather
Mitchell and what we were going to do with her
future without question. That's what this e-mail is
about. The Warrior stuff is an add-on at the
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 19 of 62
Kevin Dunn April 23, 2009
56
l end. I wanted to talk to her about editing
2 Warrior.
3 At this point we -were trying to 'keep
4 Heather with our company.. Our - - ~we were doing much
5 more characterOdriven stuf£, and Heather. liked doing
6 mOTe human-being rela.ted stu£f.
7 So the question is how are we going to
8 keep Heatherhereandkee.p her happy and do you
9 think .we should throw her the Warrior video because
LO thàt would be someth~ng that she could sitik' herII teeth into. That's all I i m getting at. This is all
l2 about Heather_
l3 Q Okay_ Heather liked doing -- at this
l4 particular time, heather liked doing things that was
lS based upon the individuals?
l6 A Individuals and how it .thread through
l7 their characters_ It's the magic of -- of what we
l8 do, what i s real., what i s not real., you can't19 tell.20 T.hat i s where - -that IS where you get some2l interesting stu£f, and that i s what Hea.ther liked to
22 do. At this point, Vince -was moving much
23 more much more away from that and much more into24 character-dri"ven stuff.25 Q Okay. Is it fair to say that you and
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 20 of 62
')
,/
Kevin Dunn April 23, 2009
57
1 Ms. Good 'were talking about Rea ther being invol vea
2 in the Warrior DVD because this was going to involve
3 'him as an individual '?
4 A I'm .sorry.5 What was the question again?
6 Q Is it £air to say that you andMs_ Good
'7 were ta'lking about getting Heather involved in the
8 Warrior DVD because that video was going to be
9 dealing wi.th Warrior a.s an individual rather than
lO character driven?II A Well, first Df all. she ~rote this to
l2 me. I don i t know what we were talking about at
l3 all.. This was her opinion..
l4 If that -- if you are asking me is that
.l5 what Jennifer was thinking?
16 I sthat your unders.tanaing of it basedQ
l7 upon the e-mail?
18 You could take it that way, certainlyi theA
19 way this reads_.20 Okay.. At the very end, thoughiQ
21 nevertheless, she does say, "Who should reach out to
22 Warrior for this proj ect, and what are Warrior's23 beefs -wi ththe WWE? II
24 Right.A
25 She seems to be a~king you those twoQ
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 21 of 62
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Kevin Dunn April 23, 2009
67
A H.e' s a television announcer ,works -for me.Q Was he a television announcer in 2005?A Yes.Q Okay.. And you don It recall having any
conversa.tions with him about the Warrior DVD'?
A .I do not.Q Okay.. I'll show you what IS been marked as
Exhibi t 6.
(THEREUPON, PLAINT'IFF i S EXHIBIT
NO.6, E-MAIL DATED 5/6/ as FROM
JENNIF.ER GOOD, WAS MARKED FOR
IDENTTFICATION.. )
BY MR.. MAYNARD::
Q All right_ This is an e-mail again on thesame date ,May 6, 2005 i from Jennifer Good to you
giving you Warrior i s phone number. You'll also 'note
. it says , "tracking, recipient read."Do you have an understand.ing of what that
shows?
A What it shows is tracking recipient readDunn/Kevin read6/28/05:1:1~04 a.m~
Q Does this indicate to you that the firsttime you read this e-mail was on June 28?
Or is tbis a subsequent reading of the
e-mail?
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 22 of 62
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Kevin Dunn April 23, .2009
73
Q Do you have any understanding as to why hethought that?
A I believe that Mr. Ross considers himself:
an authority in the wrestling business, and he has a
lot of: opinions.
Q Okay. On the£irst page of Exhibit No.. 4 ,
it says at the bottom, there's an e-mail £rom Donna
Goldsmith to Jennifer Good and Joel Satin on
May 'ii th at 8: 54 in the morning. It says, "It'.sreally K.D. and V.K.M."s call.1I
That i s you and Mr. McMahon.
Ri ght?
A Yes.Q And 'she goes onto say/"I .thought (you
would know mOTe ) that we had a poor .relationship
with U.W..,"that being Ultimate Warrior..Do you see that?
A Yes..Q Okay. At the very top, which would be the.
last e-mail on this string, it 's from Joel Satin toJennifer Good dated May llth, 2005, at 3:26. It
says, "Will need a replacement. Call me. I spoke
to Shane, and he doesn i t think that Warrior iSinvolvement is necessaTY."
Would that be Shane McMahon?
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 23 of 62
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Kevin Dunn April 23, 2009
83
MR. MAYNARD:: Ilve got you..
BY MR.. MAYNARD:
Q Let me see if I can put it in contextthen.
You - - you learned that Warrior wantedsome --to do some interviews' with WWE, including
vince McMahon for his video.
Correct'?
And then you had this meeting wi th the
group from consumer products legal and TV--ARight.Q -- and it was decided not to assist?A Right.Q Okay. And .then, after that, you contacted
Warrior and offered him an opportunity to give his
side of the story on your video which was, as you
say here, which basically is going .towind up being
the r.ise and fall of the Ultimate Warrior.
Do you see that?A Yes.Q Okay . And in your discussion with
Warrior, he then asked you about - - again aboutparticipating in his video, WWE participating in his
video..
Correct?
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 24 of 62
.Kevin Dunn April 23, .2009
84
l A Yeah.
2 Q Did you tell him when you talked to him
3 that the decision had already been made not to
4 participate in his video?
5 A I donI t recall_6 Q The last sentence of the thiTd paragraph7 says, "I told him he would hear back Írom me by the
8 end of this week."
9 And t:hen, it goes onto say, "Again, he
iO really wanted to talk ~ersonally to Vince, and I got
II the Íeeling it was about doing busines s. Please let
l2 me know if you need anything el-se.iil3 Did you get back to Warrior as you14 reference in this e-,mail?l5 A I -- I don't recall.
l6 I assume I did., but I do.n' .thave al7 recollection of it_
18 Q Okay. Now i it loo.ks like you've got an
19 e-mail from Mr. McMahon to you on June 5th at.20 lJ.: 13 p.. m..2l Do you see that?22 MR. McDEVITT:: Mi ddl e of the
23 page..24 BY MR. MAYNARD:
25 Q It i S in the middle o£ the page.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 25 of 62
/_.-i
Kevin Dunn April 23, 2009
1
93
You just don i t have any recollection of2 talking to Hunter?
3 A None..
.It then goes on and says, 11Be
Pat apparently j usthates Warrior and
7 Do you know who the Pat is?
4 Q
l3 Warrior and that's why he won-' t do the
,/
5 aggressi ve..
Okay.. It goes on it says, "K. D_ said he
6 that's why.."
II
A
Q
meant by
why" ?
A
16 would approach him again,.l1l7 Did you approach PatPattersön about doing
l4 int ervi ew.
iS Q
18 an interview?19 A I don't know"
.2l like you had approached him at least one time?
Okay. And when it says" again, II it sounds20 Q
Yup.
Do you recall approaching him at anytime24 about doing an interview?
22 A
I do not.
23 Q
25 A
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 26 of 62
Kevin Dunn April 23,2009
94
l Q :Do you know whether he did do an interview
.2 for the Warrior DVD?
3 A I don,.t.
4 Q It says remind me to __II remind me to
5 remind ieD.. or plant the bug in Kasama i sear.."
6 Do you see that?7 A Yes..
8 Q Do you have anyunderstanaing what that9 means?
iO A Yes.
lL Kasama is a producer that regularlyl2 travels on the roadi and she's an aSBistant out
l3there.. And she - - it! s her j obto remind people of
l4 a -1 at of things.
l5 So i twould be a .thing where either remind
l6 meta Kevin to talk to Pat and Hunter or plant the
17 bug 'in Kasama' sear, and she! lL remind K.D.. to dol8 it. There's a lot going on at TVs genera'lly.
19 (THEREUPON, PLAINTIFF'S EXHIBIT20 NO.l3, E-MAILS DATED 6/9/05, WAS2l MARKED FOR IDENTIFICATION~)22 BY MR. MAYNARD::
23 Q Let me show you what I've had marked as
24 Exhibi t No. l3.25 A Okay.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 27 of 62
Kevin Dunn April 23, 2009
95
l Q
2 e-mail from Jennifer Good to you on June 9th about
It says, !'Hi X~D., you
Okay . Again , at the very bottom, it's an
3 vince interview tor Warrior.
4 told Beth or Vince you would talk to Pat and Bruce
5 :for info to refresh his memory for his interv.iew
6 tomorrow.
7 anything_. "
8
Was this done? Do I need to do
Al.l right. Who is the Pat that's being
9 ref erenced, if you know?
10 . A
II Q
Pat Patterson.
Okay. Does this help refres'h your
l2 recollection that you did talk to Pa.t Patterson
l3 about the Warrior DVD?
l4 A
15 Q
16 Bruce is?i 7 A
l8 Q
19 A
No.
Do you haveanunderstandi.ng of who the
Bruce Prichard_ Bruce Prichard.Who is Mr. Prichard?
Well, he's no long.er with our company.
20 But both he and Pat had a direct cTeati ve working21 relationship with Vince during the years that22 Warrior wrestl ed for us_23 Q
24 A
25 Q
/
Did you talk to Bruce Prichard?
I have no idea.You have no recollection of that?
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 28 of 62
Kevin Dunn April 23, .2009
96
1 A
.2
'None.
Q Does this re:fresh your recollection that
3 you were to talk to ~at Patterson and Bruce ~richard
4 in an effort to help Vince refresh his recollection
5 before he did the interview?
6 A
7
without question.Q Okay-. And if Vince had asked you .to do
8 tha-t, wouldn It you .have done it?
9
10
ii done it?
l2
l3
Absolutely.A
Q . You just have no recollection of having
A Nope.
l4 down with Vince to help him refresh his recollection
Q Do you have any recollec.tion of having sat
lS before he did his interview?
16
l7A No.
Q Did you participate in vince i s interview
l8 about the Warrior DVD?
Not that I recall.19
20
A
Q At any time di d you - - s trike that.2l This -- do you have any recollection o£
22 getting information for Vince to help him before he
23 did his interview concerning the Warrior DVD?
24
25
I have no recoilection of tha t ~A
If I said I was going to do it, I would
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 29 of 62
Kevin Dunn April 23 i 2009
97
ibet you I did i t~.
2 Q So based upon thi.s e~mail, it would appear
3 that you did talk :to Pat .Patterson and to Bruce to
4 get information to help Vince prepare for his
5 DV.D?
.6 A That i sright.
7 MR. McDEVITT: Obj ect to the form and
8 the £oundation.9 BY MR. MAYNARD:
10 Q I s that correct?II A That'.s correct. That IS what -- that's
l2 what 1: would think happened.
l3 I don It - - I doni.t have 'a recollection
l4 that it did .happen.
15 Q Okay.. But you don It have any reason to
l6 doubt that it happened --
17 A No.
18 Q -- if you were asked to?
19 A That i S right.
20 Q And you don i t have any reason to doubt the
2l authenticity of this e-mail, do you?
22 A That i S correct~. i do not.
23 Q Okay. And then when -we go to the top
24 e-maili which came later on June 9th at 2:27, you.25 say - - you are writing to Jennifer Good and you
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 30 of 62
Kevin Dunn April 23, .2009
98
1 say, "Would you mind calling Bruce to get his
.2 recollections on your fact sheet.3 'II "m sure he will have additional4 information regarding your sheet that V. K.M. will
5 want,,'"6 Do you see that?7 A Dh-huh..
8 Q "Yesll?
9 Â Yes.
10 Q What i.s the fact sheet' that you are
ii referencing there?
l2 A Well, I assume that fact she.et is
l3 a -- is a document that i-ists out timelines and
l4 incidents and things that happens so Vince can see
l-5 it and recall w'hat happened -- help him recall what
16 happened so he can do his interview.17 Q Does this help refresh your recollection
l8 that when individual sat WWE a.re interviewing people
19 for DVDs, that at times those interview- - those
20 people who are being interviewed are having .their21 recollections refreshed by giving -- by being given22 certain information?23 A It's very unusual.
.24 .In fact, I dare say this is the only time
25 that would have ever happened.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 31 of 62
Kevin Dunn April 23, 2009
\! l Q
99
This is the only time you remember i.t
Only with Vince, only because he i s got -soThi s has happened more than once
3 A
much on his mind.
He
8 Q
2 happening?
4
He i S busy..with Vince, chairman of 'a company..
So we do factshe-ets.
5
6 can't remember all the stuff.7 We remind 'him and he does his in-terv.iews..
Is it routine .before Vince does an
9 interv.iew that people at WWE would prepare a fact
lO sheet or a chrotiologyso that he would be prepared
lL before his interview?
12 .A Yes.
And does this refresh your recollection
l4 that that was done in this case?
L3 Q
I don 'thave aWell i obviously it was.
l6 recollection about it, though.
iS A
But it's clear to you that it was?
Yes.
Okay.. Do you recall ever seeing the fact
17 Q
No.
You then go on to say that IIVince is23 expecting this feedback. So if you can't get it,
24 please let me know. II
18 A
19 Q
25 If they couldn i t get it, what would you
20 sheet?21 A
22 Q
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 32 of 62
:Kevin Dunn April 23 , 2009
iOO
L have done?
2 A Get it.
3 i mean, that was basically a line to
4 say, you know , if you are not getting this task
5 done, let me know so I can m~ke sure it gets
6 done. It needs to get done.
7 Q And then you sai d, "For yourB information, Bruce is coming back to work next
9 week. And I will call Pat and. get you .some
lO açlditional information." .II Again, this doesn't re£re sh your
l2 recollection that you ever talked to him?
l3 A Absolutely not ~
l4 Q Okay.. But you have -- based upon these
l5e-mails, you have no doubt .that you did talk to
l6 'him?
.17 A That i S correct.
18 Q Okay.. And when it says, "Bruce is coming
19 back to work next week," was there a time period.20 when Bruce Prichard was not working for WWE?
2l A Yes.
.22 Q Bad he been gone for a number o£ years, or
23 do you recall?24 A I don't know if it was a number of
25 years.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 33 of 62
(-,, ) L
2
3
4
5
6
7
8
9
10
iil2l3
l4l5l6l718
19
20
:2l
22
23
24
.25
Kevin Dunn April 23, .2009
lOlBruce has been back and forth with our
company several times. I - - I believe this would be
off of vacation, qui te frankly..Q Okay. ,"
A But the :fact is he's been of:f ana. onseveral times.
Q Okay. So at least as of .2 005 i is it your
recollec-tionthat Bruce Prichard was actually
working for WWE?
A Yes.Q And as of the two _.- strike that.
What isi t that Bruce Prichard did for
WWE .?
A Well7 he did a loto:f things, a lot o:fthings. He's done everything from - - at one pointhe managed TV studio~
He was on the creative team several
times.. He was .working in talent relations.. He' .s
done any number of things for our company.
Q And what is i tthatPat .Patterson did forWWE?
A Pat was in charge of talent at one
point, and he was helped Vince with
crea ti ve i and he helped produce action at ourevents.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 34 of 62
Kevin Dunn April 23, 2009
l Q
l02/"
What does that mean "produce action"?
He.lps o£ - - the execution of wrestling in
Did these e-mails that we Ive 'been looking
5 at so £or help refresh your recollection .that you
6 did have something to do with the creation of the
2 A
3 the ring..4 Q
7 Warrior DVD?
8 A
9
10 Q
II A
l2l3
l415
l6l'1
l819
20
2l22
23
24
25
I stand by what I said.
I had very little to do with it..Okay.
This is little stu£f_
MR '. MAYNARD: Let i S go of£therecord,.
I think the tape is about to
end.
THE VIDEOGRAPHER: This is the end of
tape one.
Going off the record, the time will
be ll: 2 1 ..
(THEREUPON, THERE WAS A RECESS
TAKEN. )
THE VIDEOGRAPHER: We are back on
record~This is the beginning of tape
two. The time will be 11: 29.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 35 of 62
1
"2
3
4
5
6
7
8
9
10
ii12
l3
. l4i
l516
l718
19
20
21
22
23
24
25
Kevin Dunn April 23, 2009
l03You may continue..
BY 'MR_ MAYNARD::
Q Before we broke, we were look~ng atExhibit No,. l3, which there's some e-mails that you
were invo'lved in concerning Mr.. McMaÌlon IS interview
for the Warrior DVD,.
And if I recall correctly, you - - you just
don i t recall having discussions with him about
preparing him:for the. interview :for the Warrior DVD
other than what's 'on this -e-mail.Is that correct?
A That's correct_Q Okay.. But based upon what's on the
e-mail, you believe that you did partic~pate in hispreparation for the DVD?
A No.:! did not participat.e in his - - inhis preparation .
I -- I attained the information so he
could be refreshed. I helped get that information
for him.
Q When you would help obtain thatinformation, you would have gotten that from Pat
Patterson and Bruce.
Is that correct?
A I don i t know if I would have personally
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 36 of 62
1
2
3
4
5
6
7
8
9
LO
11
l2
l3
14,/
l5l6l7 .
18
19
20
2l
22
23
24
25
Kevin Dunn April 23,2009
l07A I may hav.e.
MR_ McDEVITT: Sorry.Did you say a DVD or this DVD?
MR. MAYNARD: A DVEJ.
MR. McDEVITT:: Any,.
A I may have,.
BY MR.. MAYNARD.:
.Q What role would you 'played?
A I may have picked thet.i tle out of -- off
a suggested list..The titles I may have c'hosen one.
Q Was it generally - - strike that ~Wa.s there any particul.ar format that was
:followed in pick::Lng .the titles for a DVD?
A No.Q Was there a process by which people would
come up with various names and throw them out
and
A That happened.I don't think it was a process_ But,
yeah, that would definitely happen..
Q Okay..A Suggestions for name titles virtually for
everyone, there's a suggestion list for name
titles.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 37 of 62
Kevin Dunn April 23,2009. .
l08
l Q Okay.
2 (THEREUPON, PLAINTIFF'S EXHIBIT3 NO.. l4 i E-MAIL REGARDING TITLES OF4 nVDS, WAS MARKED FOR5 IDENTIFICATION.. )6 BY MR. MAYNARD:
7 Q Let me snow you wnat Ilve had marked as
8 Exhibit No. l4_
9 Rave you ever seen .thisexhibitlO before?
'll A No_
l2 Q Okay.. Does it appear -that this :is tnel3 process by which most WWE DVDs would have been or
l4 people at WWE would have been looking at -titles Íor
l5 WWE DVDs?
16 A I don i t think thist:he general.
l7 process..
l8 I thinkthis happens often.19 Q And in this case ,what it appears to be is
20 an e-maii where different individuals that ,were2l involved in the production ofthi s were coming
up
22 with names.
23 Is that ~orrect?24 A That's correct.25 Q And the individuals who are receiving
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 38 of 62
.Kevin Dunn April 23, 2009
/1
2
3
4
5
6
7
8
9 -
lo
iil2
13
)14
15
16
l7l819
20
21
22
23
24
.25
l09copies of these, these were all WWEemployees?
.A Yes..
Q Okay.MR. McDEVITT: So if we went Dances
with theLi t.tle Warrio.rs i we wouldn't have
ESQQl,B~
been sued?
MR. MAYNARD.: Might have .
MR_ McDEVITT: Dances with the Little
(THEREUPON, PLAINTiPF i S EXHIBIT
NO. l5 i E-MAIL DATED 5 /l 7 / 05, WAS
MARKED FOR IDENTIFICATION,.)
Q Let me show you what I've had marked asExhibit .15 . This is a two page document and again
this is an e-mail £rom Laurie Calabrese to Jennifer
Good copied to a number of people wi th Ul t.imateWarrior title suggestions.
before?Have you ever seen thi s document
May l7th, 2005..
Q The document, the e-mail is dated
Is it routine for people who are working
on the DVD to start coming up with ti tIe suggestions
Warrior.
J3YMR . MAYNARD.:
A N04
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 39 of 62
Kevin Dunn April 23, .2009
1.10
L a month or more before the DVD is finished?
2 A Yes_
3 (THEREUPON, PLAINTIFF J S EXHIBIT4 NO. 16, E-MAIL DATED 5/13, WAS MARKED
5 FOR IDENTIFICATION.)6 BY MR. MAYNARD:
7 Q Let me show you what I i ve had marked as8 Exhibi t 16. Agai-n, what it looks like the bottom
9 -part of the e-mail is from May 13.
10 . But somebody is adding another
II suggestion, Ultimate Warrior, the Man Behind the
l2Paint _
13 Have you ever seen this e-mail.
l4 before?
l5 A .No..
l6 Q When it says, "Hey, Laurie, maybe this17 would work for U. w_ instead of R. W. TI
.18 Do you know who that i s a reference
19 to?20 A R.
2l MR.. McDEVITT .: Objection --2 2 BY MR. MAYNARD:
23 Q R..W. ?
24 MR. McDEVITT~ Obj ection to
25 foundational knowledge..
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 40 of 62
( 1
2
3
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l3
14;/
l516
l7l8
19
20
2l
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25
Kevin Dunn April 23, 2009
IIIA I don It.
BY MR. MAYNARD.:
Q Do you ever - - strike that_Did you ever have any conversations wi th
anyone concerning the Warrior DVD being titled
"Ultimate Warrior the Man Behind t.he Paint Ii?A Not that I recall_Q From looking at that particular -proposed
title "Ultimate Warrior the Man.Behind the
Paint, II does that tell you CJr does that give you an
understanding that this DVD was going to be about
Warrior., the -person who played Ultimate 'Warrior and
not the character?
.MR.McDEVITT:: Again, lack o£
foundational knowledge what he meant by
this.A I just don't know_
BY MR. MAYNARD;
Q Okay.(THEREUPON, PLAINTIFF i S EXHIBIT
NO_ 17, E-MAIL REGARDING TITLES, WAS
MARKED FOR IDENTIFICATION.)
BY MR. MAYNARD::
Q i III show you l7..
Have you ever seen this before?
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 41 of 62
Kevin Dunn April 23, 2009
ll2l A No..
And the first paragrapn it says i2 Q
"Wow, great.. Thank you very much. Will you be
4 sending another ECW cover today.. " '11
3
5 Do you know wl1at "ECW cover" referred
6 to.?7
8
9
iå
IIl2 A
MR. McDEVITT:: Again, lack of
foundation that he can speak to..
drafted..This is no.t an e-mail he
MR.. MAYNARD:: Right.
I assume it's about a ECW
Okay.
l6 BY MR. MAYNARD:
l3l415 A
MR. McDEVITT: Don't as SUIDe .
If you know , you answer.
I don't know.
l7 Q Have you ever .seen the .three letters il8 "ECW," refer to anything in particular at WWE.?
19 A Yes_.20 Q What is "'ECW" refer to?
It IS a brand at WWE called "Extreme
22 Championship Wrestling."
2l A
24 Exhibit No_ l8_Okay.23 Q
25
Show you what i i ve had marked as
ESQl¿leB~
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 42 of 62
Kevin Dunn April 23, 2009
(L
2
3.
4
5
6
7
8
9
LO
IIl2
l3
; l4/ ;
iS
l6
17
18
19
20
2l
22
23
24
25
A Okay.BYMR.. MAYNARD::
ll3
(THEREUPON, PLAINTIFF'S EXHIBI7
NO. LS, E - MATLFROM JENNIFER GOOD
DATED 6/l/05, WAS MARKED FOR
.IDENTIFICATION.. )
before?Q Okay. Have you ever seen this document
A No.Q Do you have any understanding of what
Ms.. Good meant when she .said, III 1m afraid we'll wind
up wi th another, quote i ri.s e and f all of anotherUltimate Warrior end quote II?
MR.. McDEVITT:: Objection to form and
foundation.
A I don It .someone else..
That i S asking him to speak for
'By MR.. MAYNARD:
MR.. .McDEVITT:: Sorry, Kevin..
(THEREUPON, PLAINTIFF i S EXHIBIT
NO.. 19, E-MAIL DATED 6/16/05, WAS
MARKED FOR IDEN7IFICATION.)
Q I'm going to show you what .I've had marked
E;SQl¿leR~
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 43 of 62
Kevin Dunn April 23, 2 009
il4L as Exhibit 19..2 A All right..
4 Good to you dated June l6th, .2005..
Okay.. This is an e-mail from Jennifer3 Q
5 Do you recall receiving this e-mail2
6 A I don't..
Do you have any reason to doubt that you
8 received it?
7 Q
None.
Okay...
Was it typical or is it typicai :for
9 A
II the people that are producing a video to send you a
l2 list of .names :for approval?
10 Q
.I don' t think it i s "typical..I thinki t happens a lot..
Okay. If WWE is doing l4 pay-per-view
l3 A
lS Q
videos a year ,those are already thosetitles are16
19 A
l-4
l7 already decided .
l8 Correct?
20 Q
Yes..
2l be decided or they may, depending on what the video
Bothe other l4 that are out there may not
22 is on, for instanc€~ if the subject matter is the
23 hall of fame.24 Correct?25 A Corre ct .
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 44 of 62
Kevin Dunn April 23, 2009
i A
ll6/---~".
I think we are marketing that there was a
2 huge star that had a meteoric rise through his
3 career and just as quick a fall_
4 Q Had WWEeverusedthe ri"'se and fall oÍ a5 particular star in the title o£ a DVD?
6 A No.
8 destruction" ina t:itle of a DVD before the Warrior
Had WWE ever usedt.he phrase lIself7 Q
I don It 'know.
Has W - - Etr~ke that_
l2 Has WWE ever done any DVDs or home v-ideos
9 DVD?iO A
l3 before you got there.?
ii Q
'In other words, lia ven 't you been, atl5 least,' responsibl,e in part £or the DVDs that are
l4
l6 sent out?
'17 A Yes..
19 the phrase" sel£ destruction" in them?Are you aware of any other DVDs that use18 Q
I'I m not aware.
What did you do with Exhibit No. 19 when
22 you recei ved it?
20 .A
I have no recollection.
25 Mr. McMahon what the title of the DV -- Warrior DVD
Do you recall ever discussing with
2l Q
23 A
24 Q
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 45 of 62
(\i
Kevin Dunn April 23 , 2009
ll71 would be?
I have some recollection oftbat.
4 We had discussion about it..
2 A
Tell me what you recall about tha.t
I said~ Vince~what should we call the
8 title -- wha.t we should it? Do you have any
3 Yes.
5 . Q
9 suggestions.?
6 discussion.
7 A
'I'm sure i gave him some suggestions, and
.11 then he chose the title.
10
l2 Q
l3 one that I i ve seen that i s been produced to me that
This June 16 memo to you, it'sthefi-rst
I/l4 shows tha.t suggestedti tl.es were actually sent to
l5 you.
l6 Do you recall recei vingany pr.ior to this?17 A No.
Oka y. This shows that you rec€ived it onlB Q
19 June 16th, .2005, at 41126_
20
21 A
Do you see that?Yes..
Okay. Do you recall that you would have22 Q
23 met with Mr. McMahon on June 26 of 2005 to come up
24 with a title for the Warrior DVD.?
25 A i do not.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 46 of 62
Kevin Dunn April 23, 2009
ll8l MR.. McDEVITT: On what date did you
i/..-~ .
2 Bay?3 BY MR. MAYNARD.:
4 Q June 6th -- I 1m sOTry_
5 June l6 of 20 05?
6 A I do not..
7 Q Okay.
8 (THEREUPON, PLAINTI FYI S EXHIBIT9 NO. 20, E-MATL DATED .6/16/05, WASLO .MARKEDFOR IDENTIFTCATION.)LL BY MR. MAYNARD:
l2 Q Le.t me sbow you wba t I i ve had marked as
l3 Exhibit No. 20.
14 Okay. Exhibit 20 iB a DVD written on
L5 June L6, 2005, at 8.:06 intbe evening from you tol6 Jennifer Good.
l7Do you see that?18 A Yes..
19 Q Okay. And have you seen this DVD --
20 strike that.2L Have you seen this e-mail before?22 A I have not -- I don't recall it_ No.
23 Q You don I t have any Teasonto doubt that24 you wrote it, though?25 A None.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 47 of 62
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Kevin Dunn April 23, 2009
l19
Q And it appears that as of JUTIe l6,
2005, the title for the DVD was goi:ngto be "The
Sel£ Destruction of the Ultimate Warr~or."
Do you seethat?
A Yes.Q Approximately, three- and- a-half hours
earl.ier, you had been .sent -- oh - -Exh~bi t No.. 19
which had a list o£ potential working titles..During tha-t three-and-a-half o£ hour
period, did you go to Mr. McMahon iand discuss the
ti tles with him?:
A I don i t know..
Q i believe you told me earlier today thatMr.. McMahon was the one who came up wi ththetitle, "The Self Destruction of th.e Ultimate
Warrior.. "
Do you recall that?
A Yes.Q And that's still your testimony
today'?
A Yes.Q Okay. Can you tell me - - strike
that.You told me a minute ago that you recalled
having a conversation with him about the title.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 48 of 62
Kevin Dunn April 23 , 2009
l20
L Do you have any recollection that you2 showed him Exhi.bitNo.. 19?
3 A No..
4 Q Do youknòw where Mr. McMahon came up wi th
5 the title, liThe Self Destruction of the Ultimate
6 Warrior"?
7 A 'No..
8 Q In the discussion that you had w.ith
9 Mr.. McMahon, do you recall him saying, Let's call it
lO"'The Self Destruction of the Ultimate Warr'ior "?ii A Yes.
l2 Q Did he tell you where he was coming up
l3 wi t'h .that name.?
l4 A I don't recall.
iS Q Did he tell you how he thought it would
l6 affect marketing of the Warrior DVD?
l7 A I don It recall..18 Q Did you have an opinion as to how the19 .title, "The Sel£ Destruction of the Ultimate
20 Warrior, II would af£ect marketing of the DVD?
21 A Yes.22 Q What did you think?23 A ~ think it i s a good title.24 Q Why?25 A Because it i S interesting.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 49 of 62
Kevin Dunn April 23, 2009
l2l/.... l It's - - it i s it i S controversial..
2 Q Do you think it gives a negative
3 connotation towards 'Warrior?
4 A I think tha.t's what makes it
5 controversial ~
6 You could take it negatively or7 posi ti vely.8 Q How do' you--
iO Q
That i s what makes controversy_
How dó you take the phrase
:9 A
lL "sel£-destruction" as a posit~ve.?
12 A You could take it that way because you
l3 consider the source.
l4 Q What do you understand)
15 "self-destruction"to mean?
l6 A Act.ions that cause your-- your sel£ to17 self to destruct.
l8 i don't know.
19 Q As somebody who talked to Mr. McMahon
20 about this title and somebody who i s involved in the
21 marketing of WWE DVDs i did you i.ntend that title22 self-destruction was going to imply that somehow or
23 another this individual had destructed himself?24 MR. McDEVITT: Aga~n, I obj ect to the
25 form and foundation of the guestion~
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 50 of 62
l22. .,:....-:,:-. '~'.'",'
i.
2..'
..Atr:êi none o;fthes e - ~,th.i$ is not ,partof the ca-se.. You keep wastIng time on
this. " .~'-.. ~,..., ., . ,./ .
BY MR. 1\1\ y:,AR'Eh;" ";,,'"
. .";sè.~l:£;-";'êJiè$'t:r\tctî'ëi~;f¡:.'tViá~;~,' ;~'~9d-,:h 9 to'
;::;::::'th:e --'t:ti~:"'1t~''l'~~j?:~:a~",e:'E'~!"?§ipiras.e'rs,,::
AIthii:f1k¡"'Ì.t~.Ccoulà. connote.. ........._....__..._,.... ...... ."". ,....._,.__.._"'~._.."...~~..,~,~::-iti.,:"'_.._..;:'~,.,.."'..___~._.. ...... ." ........ .
", .;,.,.:..' :',"'"
think it could côtrpÒnellt that the Ultself destructed,.
l4 WWE.
-An.Ç1 tJ;l~.S'§iç.qJlg thing istl:a~';$~,n;~~t~.J:~~;~\~;';:~
So they are.'.. 'S'aying he .sel:f destructed,.
Did he self destruct?
,t i':. .1". ;~:: .;" ,';
'r:.~.,~-,~q"i2"'-" .".....,n'",,"" ~'-. . .
iS
l6 You have to consider the source_ That
l7 makes it controversial and interesting and good
l8 marketing"
.l.9.." pQ Had W.W..E, aS.Q:: 2005 when :Ltça-JJl.s:p,QJ,ltw:i.tJ:J.. ".____~__..____ _. _..,.. _ .. ,. ... ........________~_....__._._.__.__....____~_____.__...._.._HH..._H__ _
20 the Warrior nV.D,put out any DVDsaboutany
21 wrestler.sthat had any connotations simi'larto sel£22 destruct?23 MR_ McDEVITT: Asked and
24 answered.
25 A Yeah. I don i t know..
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 51 of 62
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Kevin Dunn April 23, 2009
l23
BY MR.. MAYNARD;:
Q You think "self-destruc.tion1' has apositive connotation to it?
A To -- what is it?You said --
Q To 'self destruc.t..I mean, if ,someone were to say that Kevi'n
Dunn sel£ destructed, do you think that ' s
posi ti ve?A positive thing about me?Q Yes.A No.Q Why not2A Because I don,.t think anyone wants to
des.truct on their own~
Q I'll show you what I've had marked as
Exhibi t 2l.
(THEREUPON, PLAINTIFF 1 S EXHIBIT
NO_ 2l, E-MAILS DATED 6/20/05, WAS
MARKED FOR IDENTI FI CATION. )
BY MR. MAYNARD:
Q After it was determined that the title wasgoing to be "The Self Destruction of the Ultimate
Warrior i" did, you have any conversations wi th
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 52 of 62
Kevin Dunn April 23, 2009
l2 Calabrese.
notes, those DVDs are -- revisions are made. She3
l26The producers do, in this case Laurie
And then Jenni£er reviews the DVD i gives
.4 reviews it again, and it i B finali:2-ed.'5 Q Okay _ So in this case , Jenni£er Calabrese
6 would have been the one who is producingi t --
7 A Laurie Calabres.e.Laurie Calabrese, and Jenni£er Good was
'fes.
And so she wouldhav-e -- C.alabrese would
l2 have :pU"t it together and, then, sent it .to Laurie
8 Q
l3 Good £or approval?
9 her bOBS?
iO A
Jennif er Good.
Jennifer Good..
Yes_.
l8 seek approval from anyone else before it was
Okay.. Would Jennifer Good then have to
L.1 Q
No.
Were there any steps taken to make sure
22 that the th~ngs said in the DVD were accurate?
l4 A
I donI t know of that for a fact i no.
25 fact checking on its DVDs before it sends them out
Is there a process by which WWE does any
l'5 Q
16 A
l7 Q
19 marketed?
20 A
2l Q
23 A
24 Q
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 53 of 62
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!/
Kevin Dunn April 23 , 2009
l27to market ing?
A That i s certainly Jennifer Good ISresponsibility..
Q Do you have any understanding of how shewould have satisfied that Tesponsibili tyO?
A I know she has a relationship with legal,and legal has oft.en looked at these DVDs.. And she i s
had conversations with them..
Q Do you know whether or no.t she hadconversations with legal in this' case before the DVD
went out to marketing.
A I believe she did,.Q Without telling me the substance or your
conversation, -What i s your basis £or telli.ng me
tha t ?
I haven i tseen any e-mail.s..ARight..
My basis - - recollection is Jennifer toldme she was going to have this reviewed by
1 ega i.
Q And when you say "reviewedby legal i 11 isit your understanding that it would have ~een done
in- hous e?
A Yes.
Q And how many in-house lawyers did WWE have
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 54 of 62
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j./
Kevin Dunn April 23, 2009
147
A No_Q Did you ever watch any o£ it?A No.Q I've got the - - I belie~e this is the
intro section that's up on thescree:n over here to
your right where it .says "The Sel£ Destruction oÍ
the Ultimate Warrior. n
It says "play, chapter.s, extra.s,,"Do you see that?
A Yeah.Q Rave you ever seen that be£ore7A No.
Q Do you 'know who created the visual eÍ£.ect£or the .self-destruction, and then it ..looks .likelines goin.9' out Írom i t?
A No..Q Would it have been somebody at WWE?
A I'm assuming that l.s true. Yes..
Q Doe.s it --A We do everything in-house_
Q Yeah. I was just going to ask that '"Is it fair to say that everything with the
production of the Warrior DVD would have been done
in-house at WWE?
A Yes.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 55 of 62
Kevin Dunn .April 23, .2009
l Q
l48Okay. And' is all of the marketing on the
.2 Warrior DVD done in-house at WWE.?
3 A I don i t know..
5 done in-house?
Are you aware of any marketing that is not4 Q
I 1m aware that retaileLs market product
Okay. 'The Warrior TIVD comes in a
9 particular box.
lO Would that hd__ve been designed by people at
6 A
Yes.
The graphics, photograp1is and all of that
Yes.
-- from £olks at WWE?
Yes..
Is that correct?
Yes..
21 not the portion that I have on .the screen right now
Okay. Do you happen to know whether or
7 for us.8 Q
22 at the very :beginning where it has the play and the
11 WWE?L.2 A
23 chapters and the extras, is that meant to depict a
l3 Q
24 broken or shattered window?
l4 would be'
15 A
MR. McDEVITT: Again, obj ection.
16 Q
.17 A
18 Q
19 A
20 Q
.25
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 56 of 62
Kevin Dunn April 23, .2009
15l() l you recall it, just let me know_ You wrote an
.2 e-mail to Mr.. McMahon after you had ta'lked to3 Warrior , and in that e-mail you sort of related to
4 him the essence of your conversat..on and you said it
:s seemed to you that Warrior wanted to do business.
6 Do you recall that?7 . A Yes..
8 Q What did you mean by the phrase lito do9 business'l?
iO A What 'I meant by the. phrase ii to do'LL business ii is I ge.tthe impr-ession from theL2 conver-sationthat the Warrior wanted to work again
L3 in some capacity for us i wrestling-type capacity..l4 Q Okay ~ So . you took .i.t then that thel5 conversation you had with Warrior was a serious
L6 conversation?l7 A Yes..
18 Q Okay _ I asked you earlier today some
19 questions about whether or not there was any fact20 checking actually done for the DVD, and Ithi.nk you2L told me that ther€ might have been some through the
22 legal department.23 Do you recall that question?24 A Yeah_
25 MR. McDEVI TT : I11l obj ect to
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 57 of 62
Kevin Dunn April 231 2009
l52
i that...2 Go ahead you can answer.
3 A Yes..
4 BY MR. MAYNARD.;
.5 Q Okay. Is there any separate £act checking
6 department, like TIewspapershave fact cneckers that
7 go out and check £acts on things.
8 Does WWE nave any fact checkers or--
9 that i s their sole job?10 MR. McDEVI TT.: i obj ect to form and .
II foundation to '.the incorporation of yourl2 statement in the question_
l3 You can answer it i'f you can,.l4 A Not that I know oÍ_ .
iS MR. McDEVITT:: You obviously never
16 worked at the New York .Post..
l7 MR . MAYNARD: I did not.
l8 BY MR. MAYNARD:
19 Q Do you Know when WWEproducers have -a
20 talent interviewed and the talent says something
21 about an individual, do the producers have those
22 statements checked for accuracy before they put them23 into DVDs?
24 A I don It - - I don i t know if that happens or25 not.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 58 of 62
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Kevin Dunn April .23, 200.9
l53I know it i S Jennifer Good IS
responsibili ty .Q What is her responsibility in that
regards?A Is to make sure that there is everything
on a DVD fits within .the legal parameters of what we
need to put out an entertainment DVD.
Q In this particular DVD, the Warrior
DVD well, strike that.After Mr. McMahon was interviewed for the
Warrior DVD, did you talk to him about theinterview.?
A No"Q Prior to bimbeing interviewed, do you
recall ever having discussions wi th him about
whether WWE had ever terminated Warrior?
A No..Q Did you have any discussions with
Mr. McMahon as to what the questions were going to
be put to him
A No.Q - - concerning Warrior?A Nope.Q Do you know whether or not anyone atWWE i
prior to the Warrior DVD being released, went back
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 59 of 62