list of exhibits
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LIst of ExhibitsTRANSCRIPT
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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X LAURIE J. FINE, :
: Index No. 5:12-cv-00836 (DEP)
Plaintiff, : :
ECF Case
-against- : :
ESPN, Inc., a subsidiary of Walt Disney, Inc.; MARK SCHWARZ, in his individual capacity and as an employee of ESPN, and ARTHUR BERKO, in his individual capacity and as an employee of ESPN,
: : : : :
Defendants. : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X
DECLARATION OF THOMAS CURLEY
I, Thomas Curley, under penalty of perjury and pursuant to 28 U.S.C. § 1746, declare that
the following is true and correct:
1. I am a partner in the law firm of Levine Sullivan Koch & Schulz, LLP, counsel
for defendants in the above-captioned action and am admitted pro hac vice in this action. I
submit this declaration in support of Defendants’ Motion For An Order Finding Plaintiff To Be
A Public Figure.
2. Attached as Exhibit A is a true and correct copy of excerpts from the deposition
of Plaintiff Laurie J. Fine in this action taken September 3, 2014.
3. Attached as Exhibit B is a true and correct copy of a compilation of the excerpts
of the Bridge Street television programs referenced in Defendants’ Memorandum of Law. Those
excerpts, in the order in which they appear in Exhibit B, are as follows:
Bridge Street program broadcast by WSYR-TV on April 12, 2010, specifically
the segments at 3:23-5:40 and 34:39-39:07 of the program;
Case 5:12-cv-00836-DEP Document 97-2 Filed 09/30/15 Page 1 of 4
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Bridge Street program broadcast by WSYR-TV on May 12, 2010, the segment at
48:25-51:10;
Bridge Street program broadcast by WSYR-TV on April 28, 2010, the segment at
30:55-34:19;
Bridge Street program broadcast by WSYR-TV on June 1, 2011, the segment at
31:03-32:14;
Bridge Street program broadcast by WSYR-TV on November 12, 2010, the
segment at 7:00-12:24; and
Bridge Street program broadcast by WSYR-TV on June 9, 2011, the segments at
12:00-12:43 and 14:01-15:50.
4. Attached as Exhibit C is a true and correct copy of two news reports broadcast by
Time Warner Cable News on June 6, 2006 and July 1, 2006.
5. Attached as Exhibit D is a true and correct copy of two articles published by the
Syracuse Post-Standard on May 10, 2006 and May 5, 2008.
6. Attached as Exhibit E is a true and correct copy of news reports broadcast by
WSYR-TV on March 19, 2010 and March 23, 2010.
7. Attached hereto as Exhibit F is a true and correct copy of the Bridge Street
television program broadcast by WSYR-TV on April 12, 2010.
8. Attached hereto as Exhibit G is a true and correct copy of the Bridge Street
television program broadcast by WSYR-TV on May 12, 2010.
9. Attached hereto as Exhibit H is a true and correct copy of the Bridge Street
television program broadcast by WSYR-TV on June 9, 2011.
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10. Attached hereto as Exhibit I is a true and correct copy of the Bridge Street
television program broadcast by WSYR-TV on November 12, 2010.
11. Attached hereto as Exhibit J is a true and correct copy of excerpts from the
deposition of defendant Mark Schwarz in this action taken September 15, 2014.
12. Attached hereto as Exhibit K is a true and correct copy of the Bridge Street
television program broadcast by WSYR-TV on April 28, 2010.
13. Attached hereto as Exhibit L is a true and correct copy of a webpage offering
teddy bears for sale with voice recordings “that say Go SU-this is Bernie Fine – This is Laurie
Fine”.
14. Attached hereto as Exhibit M is a true and correct copy of excerpts from
Plaintiff’s Document Responses in this action.
15. Attached hereto as Exhibit N is a true and correct copy of articles published by
the Syracuse Post-Standard on May 20, 2011 and May 27, 2011.
16. Attached hereto as Exhibit O is a true and correct copy of the Bridge Street
television program broadcast by WSYR-TV on June 1, 2011.
17. Attached as Exhibit P is a true and correct copy of an article published by the
Syracuse Post-Standard on May 16, 2012.
18. Attached hereto as Exhibit Q is a true and correct copy of a news report broadcast
on WSYR-TV on May 16, 2012.
19. Attached hereto as Exhibit R is a true and correct copy of excerpts from the
deposition testimony of Deborah Gaetano in this action taken December 9, 2014.
20. Attached hereto as Exhibit S is a true and correct copy of excerpts from the
deposition testimony of Drake Gaetano in this action taken December 9, 2014.
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I declare under penalty of perjury under the laws of the United States that the foregoing
statements are true and correct.
September 30, 2015 /s/ Thomas Curley Thomas Curley
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