excerpts from the kevin dunn 009 deposition

.CertifiedCopy

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

Toll Free: 800.211.3376Facsimile :954.331.4418

ESQl¿leB~Suite 1300

515 East Las Olas Boulevard

Fort Lauderdale, FL 33301www.esquiresolutions.com

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,

Toll Free: 800.211.3376Facsimile: 954.331.4418

ESQl2leß~Suite 1300

515 East Las Olas BoulevardFort Lauderdale, FL 33301www.esquiresolutions.com


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


ES'QQIeRgSuite 1300



i2

3

4

5

6

7

8

9

iO

iil2l3l-4

i

l5l6

l7l819

20

21

.22

23

24

25

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.


ES'QU.!.B~Suite 1300



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.


ESQl¿l,R~Suite 1300



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?

./


ES.Ql¿lB~Suite 1300




.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

Toll Free: 800.211.3376Facsimile: 954.331.44.18

ESQliIß~ Suite 1300515 East Las Olas Boulevard



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


ES:Qll!eßgSuite 1300




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~


Suite 1300515 East Las Olas Boulevard




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.


ESQR!eR~Suite 1300



/L

2

3

4

5

6

7

8

9

10

i112

13

l4;

l5l6l718

19

20

2l

22

23

24

.25


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,


ESQliIB~Suite 1300




-i

2

3

4

5

6

7

8

9

iO

11

l2

l3l4l516

l718

19

20

21

22

23

24

25

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

'Toll Free: 800.211.3376Facsimile: .954.331.4418

ESQl2leB~Suite 1300

.515 East Las Olas BoulevardFort Lauderdale, FL 33301www.esquiresolutions.com


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.

./


ESQl2leB~Suite '100



Kevin Dunn. April 23, 2009

l2

3

4

5

6

7

46

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.

Toll Free: 800.211.3376Facsimile: 954.331.4418:

ESQQ!eß~Suite 1300



/-.L

2

3

4

5

6

7

8

9'

10

IIl2

l3

'\l4

)15

l6l7l819

20

2.1

.22

23

24

25

.-/


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


ES:QQIß~Suite 1.300




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


ESQ12~!.ß~Suite 1300

515 East Las OlasBoulevardFort Lauderdale, FL 33301www.esquiresolutions.com


')

,/


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

Toll Free: 800.211.3376'Facsimile: 954.331.4418

ES;Qllleß~Suite 1300



/"I L

.2

3

4

5

6

7

8

9

LO

iil2.13

14

15

16

l7l819

.2 0

21

22

23

24

.25


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?

Toll'Free: 800.211.3376Facsimile: 954.331.4418

ESQQ!.ßgSuite .1300



i".'. \ l2

.3

4

5

6

7

8

9

10

IIl2l.3

i415

16

17

18

19

20

21

.22

23

.24

25

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?


ES"QQ.!eR~Suite 1300



\. i L

2

3

.4

5

6

7

B

9

10

IIl2l3

l4l5l6l7l819

20

2l22

23

24

25


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?


ESQ12IBgSuite 1300



.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.


ESQl2leB~Suite 1.300



/_.-i


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


E.S-Q12!eRgSuite 1300




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.

Toll Free: 800.211.3376Facsimile :954. 331.4418

ESdQRleß~Suite 1300




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?


ESQl2leB~Suite 1300





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


ESQUI.REan Alexander Gallo Company




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

Toll Free: 800.211.3376Facsimile: 954.331.441e.

ESQl2.!eB~Suite 1300




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.


E.SQl¿Iß~Suite 1300

515 East Las OlasBoulevardFort Lauderdale, FL .33301

www.esquiresolutions.com



\! 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


ESQl2Iß~Suite 1300

515 East LëlS Olas Boulevard



: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.

Toll Free: 800.211.3376'Facsimile: 954.331.4418

ES-QlIlcß~Suite 1300


Fort Lauderdale,FL 33301www.esquiresolutions.com


(-,, ) L

2

3

4

5

6

7

8

9

10

iil2l3

l4l5l6l718

19

20

:2l

22

23

24

.25


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.


ESQ l2.!eB~Suite 1300





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.


E~S~QllIR~E-.. an Alexander Gallo Company




1

"2

3

4

5

6

7

8

9

10

ii12

l3

. l4i

l516

l718

19

20

21

22

23

24

25


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


.ESQllleß~Suite 1300



1

2

3

4

5

6

7

8

9

LO

11

l2

l3

14,/

l5l6l7 .

18

19

20

2l

22

23

24

25


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.


E:SQQl,B~Suite 1300



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

Toll Free: 800.211.3376.Facsimile: 954.331.4418

ES.QQleR~Suite 1300



.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

Toll Free: 800.21'.3376Facsimile: 954.331.4418


Fort Lauderdale, Fl 33301www.esquiresolutions.com



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..


ESQl¿IB~Suite 1300




( 1

2

3

4

5

6

7

8

9

10

-ii

L.2

l3

14;/

l516

l7l8

19

20

2l

22

23

24

25


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?


E'SQl!Iß~Suite 1300




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~

Toll Free: 800.211.3376Facsimile: 954.331.441&





(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~

Toll Free: 800.211.3376Facsimile: .954.331.4418




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 .


ES'Ql!l.B~Suite 1300




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

Toll Free: 800.211.3376Facsimile: 954.331.4418,

ES'Q12!.ß~Suite 1300




(\i


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.


ESQllleB~Suite BOO

515 East LëlS Olas Boulevard




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.


ESQQIR~Suite 1300



('''¡ i2

3

4

5

6

7

8

9

10

iil2l3

l415

16

l7l8

19

20

21

22

23

24

25


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.


ESQQleB&Suite 1300




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.


ES:Qll.!eB~Suite 1300

515 East Las Olas BoulevardFort Lauderdale, FL 33301www.esquiresoiutions.com



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~


E:SQl!!eBESuite 1300




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..

Toll Free: 800.211.3376Facsimile: 954.331.4418.

ESQQl'B~~Suite 1300

'515 East Las Olas BoulevardFort Lauderdale, FL 33301www.esquiresolutions.com


i2

3

4

.5

6

7

8

9

. 10

IIl2l3

l4;'

i5l617

l8

19

20

2l

22

23

24

25


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

Toll Free: 800.21'1.3376Facsimile: 954.331.4418

ES'Qlil,B&Suite 1300

515 East Las Olas BoulevardFort Lauderdale, Fl33301www.esquiresolutions.com



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

Toll Free: 800.211.3376Facsimile: 954.331.441&

ESQl2!,R~Suite 1300



" '.\/I

I L

2

3

4

oS

6

7

8

.9

10

II12

l3

l415

16

17

18

19

20

21

22

23

24

25

!/


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


ESQQleß~Suite 1300




('L

2

3

4

5

6

7

8

9

10

11

l2l3

l4

l516

l7l8

19

20

2l

22

23

24

25

j./


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.

Toll Free: 800.211.3376Facsimile: 954.331.4418,

ESQlll,BESuite 1300

515 East Las Olas BoulevardFort Lauderdale, Fl33301www.esquiresolutions.com


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


ESQl!l,l1gSuite 1300




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

/Toll Free: 800.211.3376Facsimile: 954.331,441e

ESQQl.ßgSuite 1300




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.


ESQQleB~Suite 1300




L

2

3

4

5

6

7

8

9

10

11

l.2

l3

il4

l

iS

16

l7l8

19

20

21

22

23

24

25

J

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


ESQQlB& Suite 1300515 East Las Olas Boulevard



excerpts from the kevin dunn 009 deposition

Documents