IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

USA FOOTBALL, INC., 

Plaintiff,

v.

FFWCT, LLC, USA FLAG, LLC, and 

TRAVIS BURNETT,

Defendants.

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CIVIL ACTION NO.

4:23-cv-00516-ALM

DECLARATION OF TAYLOR HARRIS IN SUPPORT OF FFWCT, LLC’S, USA FLAG, 

LLC’S, AND TRAVIS BURNETT’S RESPONSE TO USA FOOTBALL, INC.’S MOTION 

FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT

1. My name is Taylor Harris. I am over 18 years of age, of sound mind, and fully 

competent to make this declaration. 

2. I am authorized to sign this declaration as an attorney of Scheef & Stone, LLP, 

which is counsel of record for FFWCT, LLC, USA Flag, LLC, and Travis Burnett (collectively, 

“USA Flag”) in the above-referenced matter. In that capacity, I am familiar with the records and 

the type of records that have produced during the litigation and in the normal course of Scheef & 

Stone, LLP’s work as counsel for USA Flag. The matters stated herein are true and correct and 

based upon the records and information kept in the normal course of business.

3. On or about January 24, 2024, counsel for USA Football, Inc., Anne Ricchiuto, 

served via email a document titled “713-006 Botner Expert Report Report and Exhibits 1-25-

24.pdf.” The first 39 pages of that document contain the expert report of Dr. Keith A. Botner which 

has been filed with the Court and attached to USA Football, Inc.’s Motion for Summary Judgment 

as Dkt. 62-51. The remaining pages contain the exhibits to the expert report. These exhibits 

Case 4:23-cv-00465-ALM Document 75-18 Filed 06/22/24 Page 1 of 4 PageID #: 2832
included a “Survey Data File” and “Survey Data Map” (Exhibit 9) and “Codes for Analyzing 

Open-Ended Responses” (Exhibit 10). Six minutes after Ms. Ricchiuto’s email was circulated, I 

received an email from Susan Kaspar at notifications@lexworkplace.com re: “Documents from 

Peele Law Group” which contained a document download link. The files contained therein 

included the same Botner expert report and exhibits, as well as native Excel files containing Excel 

versions of the “Survey Data File” and “Survey Data Map” which were referenced as Exhibit 9 to 

the Botner Report.

4. Attached hereto as Exhibit A is a true and correct copy of the Survey Data Map 

which I used to analyze data contained in the Survey Data File.

5. Using the information contained in the Survey Data File and Survey Data Map 

Excel spreadsheet — I sorted and isolated certain responses of test group respondents to allow the 

Court to more easily review and analyze the relevant data contained in the Survey Data File. The 

variables and descriptions of the isolated data are identified below, pursuant to the information 

contained in the Survey Data Map file:

Variable Description

Respondent_ID Respondent ID

Q.2_1 Below are pictures of the web pages you just viewed. Please select the 

web pages that you think are owned or operated by the same company 

or organization, or you may select “I don’t know.” To select a 

response, click or tap the check box next to it. When you are done, 

please click or tap the “Next” button at the bottom of the screen. 

(SELECT ALL THAT APPLY) - USA Football

Q.2_2 Below are pictures of the web pages you just viewed. Please select the 

web pages that you think are owned or operated by the same company 

or organization, or you may select “I don’t know.” To select a 

response, click or tap the check box next to it. When you are done, 

please click or tap the “Next” button at the bottom of the screen. 

(SELECT ALL THAT APPLY) - USA Flag

Case 4:23-cv-00465-ALM Document 75-18 Filed 06/22/24 Page 2 of 4 PageID #: 2833
Q.2_3 Below are pictures of the web pages you just viewed. Please select the 

web pages that you think are owned or operated by the same company 

or organization, or you may select “I don’t know.” To select a 

response, click or tap the check box next to it. When you are done, 

please click or tap the “Next” button at the bottom of the screen. 

(SELECT ALL THAT APPLY) - NFL Flag

Q.2_4 Below are pictures of the web pages you just viewed. Please select the 

web pages that you think are owned or operated by the same company 

or organization, or you may select “I don’t know.” To select a 

response, click or tap the check box next to it. When you are done, 

please click or tap the “Next” button at the bottom of the screen. 

(SELECT ALL THAT APPLY) - American Flag Football League

Q.3_TEXT You indicated that the two web pages below are owned or operated 

by the same company or organization. What makes you think that? 

Please be as specific as possible. - , - Text

Q.5_1 Below are pictures of the web pages you just viewed. Please select the 

web pages from companies or organizations that you think are 

connected or affiliated with each other, or you may select “I don’t 

know.” To select a response, click or tap the check box next to it. 

When you are done, please click or tap the “Next” button at the bottom 

of the screen. (SELECT ALL THAT APPLY) - USA Football

Q5_2 Below are pictures of the web pages you just viewed. Please select the 

web pages from companies or organizations that you think are 

connected or affiliated with each other, or you may select “I don’t 

know.” To select a response, click or tap the check box next to it. 

When you are done, please click or tap the “Next” button at the bottom 

of the screen. (SELECT ALL THAT APPLY) - USA Flag

Q5_3 Below are pictures of the web pages you just viewed. Please select the 

web pages from companies or organizations that you think are 

connected or affiliated with each other, or you may select “I don’t 

know.” To select a response, click or tap the check box next to it. 

When you are done, please click or tap the “Next” button at the bottom 

of the screen. (SELECT ALL THAT APPLY) - NFL Flag

Q5_4 Below are pictures of the web pages you just viewed. Please select the 

web pages from companies or organizations that you think are 

connected or affiliated with each other, or you may select “I don’t 

know.” To select a response, click or tap the check box next to it. 

When you are done, please click or tap the “Next” button at the bottom 

of the screen. (SELECT ALL THAT APPLY) - American Flag 

Football League

Q.6_TEXT You indicated that the two web pages below are from companies or 

organizations that are connected or affiliated. What makes you think 

that? Please be as specific as possible. - , - Text

Case 4:23-cv-00465-ALM Document 75-18 Filed 06/22/24 Page 3 of 4 PageID #: 2834
6. Utilizing the above information and responses from the Survey Data File, I isolated 

the test group respondents’ answers to Questions 2, 3, 5, and 6, and highlighted the 109 respondents 

that Dr. Botner opined were “confused” according to his report. Using this data, I created Exhibit 

B. The data contained in Exhibit B was derived solely from the Survey Data File, was not 

manipulated, and was created for the Court’s ease of reference.

7. To allow the Court to focus on the test respondents’ answers to Questions 3 and 6 

— I created Exhibit C and highlighted the answers that mentioned the term “USA” as the source 

of confusion. The data contained in Exhibit C was derived solely from the Survey Data File, was 

not manipulated, and was created for the Court’s ease of reference.

8. To allow the Court to focus on the test respondents who selected three or four 

entities as being “the same company” or “affiliated or connected” companies (i.e., USAFB + USA 

Flag + NFL Flag and/or AFFL) — I created Exhibit D and highlighted the test respondents’ 

selections. The data contained in Exhibit D was derived solely from the Survey Data File, was not 

manipulated, and was created for the Court’s ease of reference.

9. I declare under penalty of perjury that the foregoing is true and correct and is

withinmy personal knowledge.

Executed this 21st day of June, 2024.

Signature:_______________________

Case 4:23-cv-00465-ALM Document 75-18 Filed 06/22/24 Page 4 of 4 PageID #: 2835