Case 4:23-cv-00465-ALM Document 75-3 Filed 06/22/24 Page 1 of 10 PageID #: 2754
·1 IN THE UNITED STATES DISTRICT COURT

·2 FOR THE EASTERN DISTRICT OF TEXAS

·3 SHERMAN DIVISION

·4

·5

·6 USA FOOTBALL, INC.,

·7 Plaintiff,

·8 vs. Civil Action Nos.

·9 4:23-cv-00465-ALM and

10 FFWCT, LLC; USA FLAG, LLC; 4:23-cv-00516-ALM

11 AND TRAVIS BURNETT,

12 Defendants.

13 _______________________________/

14

15

16

17 The video-recorded deposition of

18 JAMIE RILEY and USA Football Designee, was

19 held on Thursday, April 4, 2024, commencing

20 at 10:04 a.m., via Zoom Web Conference,

21 before Christine A. Gonzalez, CSR, RPR, a

22 Notary Public.

23

24 Stenographically Reported By:

25 Christine A. Gonzalez, CSR, RPR

Case 4:23-cv-00465-ALM Document 75-3 Filed 06/22/24 Page 2 of 10 PageID #: 2755
Page 2

·1 APPEARANCES:

·2 (All Appearances Via Web Conference.)

·3

·4 ON BEHALF OF THE PLAINTIFF:

·5 ANNE K. RICCHIUTO, ESQUIRE

·6 ASHLEY HODGES, ESQUIRE

·7 Peele Law Group

·8 49 Boone Village

·9 Box 299

10 Zionsville, Indiana 46077

11 202.964.4500

12 aricchiuto@peelelawgroup.com

13

14 ON BEHALF OF THE DEFENDANTS:

15 MARK D. NIELSEN, ESQUIRE

16 TAYLOR HARRIS, ESQUIRE

17 Scheef & Stone, LLP

18 2600 Network Boulevard, Suite 400

19 Frisco, Texas 75034

20 214.472.2100

21 mark.nielsen@solidcounsel.com

22

23

24 ALSO PRESENT: Bailey Wellman - Videographer

25

Page 3

·1 INDEX

·2 Deposition of JAMIE RILEY

·3 April 4, 2024

·4

·5 Examination By: Page

·6 MR. NIELSEN 8

·7 MS. RICCHIUTO 198

·8 MR. NIELSEN 203

·9 MS. RICCHIUTO 205

10

11 Exhibit No. Marked

12 Exhibit(s) Attached

13 Exhibit 532 FFWCT, LLC's Amended Notice of 12

14 Deposition of Jamie Riley

15 Exhibit 533 Amended Notice of 30(b)(6) 13

16 Deposition

17 Exhibit 534 Jamie Riley LinkedIn Profile 19

18 Exhibit 535 Plaintiff USA Football, Inc.'s 39

19 First Supplemental Initial

20 Disclosures under Rule 26(a)(1)

21 Exhibit 536 Complaint 48

22 Exhibit 537 Exhibit B - USA Football, Inc. 50

23 USA Football/USA Flag U.S.

24 Trademark Applications and

25 Registrations

Page 4

·1 INDEX

·2 Deposition of JAMIE RILEY

·3 April 4, 2024

·4

·5 Exhibit No. Marked

·6 Exhibit(s) Attached

·7 Exhibit 538 J. Scott Hallenbeck Transcript 94

·8 Excerpt

·9 Exhibit 539 FFWCT - USA Football, Inc., 109

10 Event Collaboration Agreement

11 USAFB Bates Nos. 0700-0708

12 Exhibit 540 Confidentiality & Nondisclosure 117

13 Agreement

14 Bates Nos. FFWCT000037-000038

15 Exhibit 541 Consulting Services Agreement 118

16 Bates Nos. USAFB215-223

17 Exhibit 542 Defendants' First Amended 119

18 Counterclaim

19 Exhibit 543 Plaintiff USA Football, Inc.'s 120

20 Answer to First Amended

21 Counterclaim

22 Exhibit 544 Plaintiff USA Football, Inc.'s 133

23 Responses and Objections to

24 Defendant FFWCT, LLC's First

25 Set of Interrogatories

Page 5

·1 INDEX

·2 Deposition of JAMIE RILEY

·3 April 4, 2024

·4

·5 Exhibit No. Marked

·6 Exhibit(s) Attached

·7 Exhibit 545 Plaintiff USA Football, Inc.'s 137

·8 Supplemental Responses and

·9 Objections to Defendant FFWCT,

10 LLC's First Set of

11 Interrogatories

12 Exhibit 546 Plaintiff USA Football, Inc.'s 146

13 Responses and Objections to

14 Defendant Travis Burnett's First

15 Set of Interrogatories

16 Exhibit 547 Plaintiff USA Football, Inc.'s 160

17 Supplemental Responses and

18 Objections to Defendant

19 Travis Burnett's First Set of

20 Interrogatories

21 Exhibit 548 Defendant USA Football, Inc.'s 176

22 Responses and Objections to

23 Plaintiff FFWCT, LLC's Second

24 Set of Interrogatories

25

Case 4:23-cv-00465-ALM Document 75-3 Filed 06/22/24 Page 3 of 10 PageID #: 2756
Page 6

·1 INDEX

·2 Deposition of JAMIE RILEY

·3 April 4, 2024

·4

·5 Exhibit No. Marked

·6 Exhibit(s) Attached

·7 Exhibit 549 USA Football Article 182

·8 July 20, 2021

·9 Exhibit 550 Email String 190

10 Bates Nos. USAFB371-400

11

12

13 QUESTIONS INSTRUCTED NOT TO ANSWER

14 Page 193, Line 23

15

16

17

18

19

20

21

22

23

24

25

Page 7

·1 * * * * * * *

·2 THE VIDEOGRAPHER: Good morning. We

·3 are now on the record at 10:04 a.m. on

·4 Thursday, April 4th, 2024.

·5 This begins the videotaped deposition

·6 of Jamie Riley taken in the matter of

·7 USA Football verse FFWCT; USA Flag; Travis

·8 Burnett; Case No. 4:23-cv-00516-ALM.

·9 My name is Bailey Wellman, your remote

10 videographer for today. Our court reporter

11 is Christine Gonzalez. We are both

12 representing Fortz Legal Support.

13 As a courtesy, will everyone who is not

14 speaking please mute your audio, remember to

15 unmute your audio when you are ready to

16 speak?

17 Counsel, will you please state your

18 name and who you represent, after which our

19 court reporter will swear in the witness?

20 MR. NIELSEN: Mark Nielsen representing

21 FFWCT, et al.

22 MR. HARRIS: Taylor Harris representing

23 FFWCT, et al., as well.

24 MS. RICCHIUTO: Anne Ricchiuto from

25 Peele Law Group for USA Football, and we also

Page 8

·1 have Ashley Hodges from Peele Law Group for

·2 USA Football.

·3 Whereupon,

·4 JAMIE RILEY,

·5 called as a witness, having been first duly

·6 sworn to tell the truth, the whole truth, and nothing

·7 but the truth, was examined and testified as follows:

·8 - - -

·9 E X A M I N A T I O N

10 - - -

11 BY MR. NIELSEN:

12 Q All right. Good morning, Ms. Riley.

13 Thank you for being available today for your

14 deposition, and I will be -- before we get really

15 started with questions, let's just make sure we're

16 all on the same page with how this goes, especially

17 virtually.

18 Have you ever had your deposition taken

19 before?

20 A No.

21 Q Okay. So basically, what happens is

22 I'm going to ask questions, you'll give me, you

23 know, answers to the best of your ability and at

24 times your counsel may object to my questions

25 and -- do you understand that so far?

Page 9

·1 A Correct. Yes.

·2 Q Okay. And at times your counsel may,

·3 depending on my question, possibly instruct you not

·4 to answer questions, but typically, unless

·5 Ms. Ricchiuto affirmatively instructs you not to

·6 answer, you need to answer all of my questions to

·7 the best of your ability even if there is an

·8 objection.

·9 Do you understand that?

10 A Yes.

11 Q Okay. And because this is being taken

12 down for a transcript, head nods, gestures, it's

13 normal, you know, kind of part of our speech, but

14 the court reporter can't really take those down, so

15 let's try to do yeses and noes as much as possible.

16 Okay?

17 A Yes.

18 Q And one of the things that's really

19 important when we do this virtually is that you may

20 have an answer before I'm completely done with my

21 question or I may start asking a question before

22 you're done with an answer, let's do our best not

23 to interrupt each other so the court reporter can

24 get everything down smoothly. Okay?

25 A Got it.

Case 4:23-cv-00465-ALM Document 75-3 Filed 06/22/24 Page 4 of 10 PageID #: 2757
Page 50

·1 A Our USA Football trademark portfolio.

·2 BY MR. NIELSEN:

·3 Q What's in that portfolio?

·4 MS. RICCHIUTO: Same objection.

·5 A USA Football, USA -- sorry -- The One

·6 Flag Championship, Rookie Tackle. We have a

·7 full -- we have a full list of trademark, so...

·8 MR. NIELSEN: Okay. Ms. Reporter,

·9 let's take this down. We are going to come

10 back to it, so let's not have it go too far

11 away, but let's take down Exhibit 536, which

12 was Tab 6, and if you would put up Tab 8, and

13 we'll mark that as 537.

14 And I'll represent for the record that

15 Tab 8 is a portion of Exhibit B, as in boy,

16 to the Complaint in the '516 action.

17 (Exhibit 537 was marked for purposes of

18 identification.)

19 BY MR. NIELSEN:

20 Q And Ms. Riley, feel free to look

21 through this and let me know when you're ready.

22 A Yes, I'm ready.

23 Q Does this table shown here, in the

24 first three pages of Exhibit B to the Complaint in

25 the '516 action, give you any further clarity on

Page 51

·1 what "the Marks" may mean in paragraph 17 of the

·2 Complaint?

·3 A Yeah. As I said, USA Football

·4 trademarks.

·5 Q Okay. And this list here would at

·6 least be part of that?

·7 A Correct.

·8 Q Are there any other trademarks that

·9 USA Football has that it believes is part of this

10 case?

11 MS. RICCHIUTO: Object to the extent it

12 calls for --

13 BY MR. NIELSEN:

14 Q Other than what's on this list. Let me

15 clarify that.

16 A As part of this case, these seem

17 appropriate.

18 Q So going back to the question of

19 paragraph 17: What is the definition of "the

20 Marks," this Exhibit B table here would be the

21 definition in your mind; is that fair?

22 A That is fair.

23 MR. NIELSEN: Okay. Ms. Reporter, you

24 can take this down, please.

25 And let's put up Tab 6, Exhibit 536

Page 52

·1 back up, please. And if Ms. Riley has

·2 control, if you want to scroll this back up

·3 to the top of the document, that would be

·4 great. Perfect.

·5 BY MR. NIELSEN:

·6 Q And you recognize this as the Complaint

·7 filed by USA Football against my clients, correct?

·8 A Correct.

·9 Q And I know in the list of topics there

10 was a topic that called out specific paragraph

11 numbers in this Complaint, so that's what I want to

12 do now is kind of work through that.

13 Ms. Riley, if you --

14 MR. NIELSEN: Oh, go ahead, Anne.

15 MS. RICCHIUTO: Sorry, Mark. Can we

16 just -- for clarification then, are these

17 next series of questions related to the

18 Complaint? Are these intended to be 30(b)(6)

19 questions?

20 MR. NIELSEN: The questions are the

21 questions.

22 MS. RICCHIUTO: Well --

23 MR. NIELSEN: I don't have to tell you

24 that. They're in our -- they're in our

25 notice and --

Page 53

·1 MS. RICCHIUTO: There are things that

·2 are in your notice, you can ask her on behalf

·3 of the company, and things like where did she

·4 go to college and what classes did she take,

·5 I haven't been lodging this objection on

·6 every question 'cause I'm actually not trying

·7 to get in the way of your deposition, but I

·8 do think that it's important that the record

·9 is clear.

10 And so since you've -- the other way to

11 do it, Mark, is every single question, you've

12 got to say who you're -- in what capacity

13 you're asking.

14 MR. NIELSEN: I've never seen that

15 done, Anne. Never seen --

16 MS. RICCHIUTO: Well, right, because --

17 because most of the time people make some

18 logical assumptions --

19 MR. NIELSEN: All right. Let's move

20 on.

21 MS. RICCHIUTO: -- but I want to be

22 clear.

23 MR. NIELSEN: Let's move on. If I

24 mention --

25 MS. RICCHIUTO: -- lodge objection --

Case 4:23-cv-00465-ALM Document 75-3 Filed 06/22/24 Page 5 of 10 PageID #: 2758
Page 54

·1 (Overlapping speakers.)

·2 STENOGRAPHIC REPORTER: Wait, wait,

·3 wait. It's cutting both of you off. So I

·4 heard let's move on. I heard, I think, an

·5 objection or something.

·6 MS. RICCHIUTO: I just said then I'll

·7 lodge objections as appropriate going

·8 forward. I thought I was going to make it

·9 easier, but...

10 MR. NIELSEN: We'll talk about it off

11 the record at a break.

12 BY MR. NIELSEN:

13 Q Ms. Riley, can you scroll down to

14 paragraph 11, please? And please feel free to read

15 paragraph 11 to yourself and let me know when

16 you're ready.

17 A I'm ready.

18 Q When it says "USA Football operates

19 events across all disciplines of football..." --

20 I'm not going to read the rest of it -- what is

21 meant there by the word "operates"?

22 A We run and facilitate events.

23 Q And is there a difference between

24 running an event and facilitating an event?

25 A No.

Page 55

·1 Q And does USA Football operate events in

·2 connection with adult flag football?

·3 A Yes.

·4 Q And those are the events you mentioned

·5 earlier. It was The One Championship, and this

·6 year there's some qualifying events; is that

·7 correct?

·8 A Those are qualifying tournaments. We

·9 also operate trials and training camps for adults

10 and competitions.

11 Q What competitions does USA Football

12 operate for adults besides The One Flag

13 Championship?

14 A Sure. We have operated events on

15 behalf of International Federation of American

16 Football for international competition with adults.

17 Q And when you say "operated," that's

18 USA Football operated it? It wasn't contracted out

19 to a third party?

20 A Correct.

21 Q How long has that -- has USA Football

22 been operating those adult events that you just

23 mentioned?

24 A Well, it varies on when the events are

25 happening through the International Federation of

Page 56

·1 American Football. But as far as USA Football

·2 specifically, almost every year depending upon the

·3 discipline of the sport.

·4 Q I should've asked it a little more

·5 clearly.

·6 To the best of your knowledge, how far

·7 back does that go in terms of USA Football

·8 operating those events?

·9 A For adults?

10 Q Yes.

11 A Probably all the way back to 2005 or '6

12 relative, again, to the discipline of the sport.

13 Q And if you would be so kind to scroll

14 down to paragraph 19, which is also a topic in our

15 30(b)(6) notice, and go ahead and read that to

16 yourself and let me know when you're ready.

17 A I'm ready.

18 Q Did USA Football as an entity notify

19 Mr. Burnett at the time in 2017 that it considered

20 Mr. Burnett's intended use of the name and mark

21 USA Flag to be an infringement?

22 A Yes.

23 Q So the company itself did?

24 A Our CEO. Our CEO told Mr. Burnett.

25 Q And it says "at that time." Was that

Page 57

·1 in 2017?

·2 A I believe so, yes.

·3 Q And any particular point in time during

·4 2017 when this happened?

·5 A It was during a meeting at our

·6 USA Football offices.

·7 Q Was that in July of 2017?

·8 A I don't recall the actual month, but I

·9 believe we started engaging with Mr. Burnett in

10 July of 2017 in a conversation.

11 Q And that took place at USA Football's

12 offices in Indianapolis?

13 A Yes.

14 Q Did you witness that?

15 A I don't believe I was in the room.

16 Q Then how do you know that that took

17 place?

18 MS. RICCHIUTO: Objection,

19 argumentative. This is a topic on which she

20 was to be prepared to testify, and she's

21 prepared to testify about this topic.

22 BY MR. NIELSEN:

23 Q Ms. Riley?

24 A How was I made aware; is that the

25 question?

Case 4:23-cv-00465-ALM Document 75-3 Filed 06/22/24 Page 6 of 10 PageID #: 2759
Page 182

·1 MR. NIELSEN: Ms. Videographer, if you

·2 could put up Tab 24, and we'll mark that as

·3 Exhibit 549.

·4 And I will represent that this is

·5 Exhibit 26 to the Complaint in the '465

·6 action. And I will also represent that this

·7 the red underlines were added by us. They

·8 weren't in the original that you'all put up.

·9 (Exhibit 549 was marked for purposes of

10 identification.)

11 BY MR. NIELSEN:

12 Q And feel free to take a look at this,

13 Ms. Riley.

14 A Sure. Okay.

15 Q Does this -- strike that.

16 Does this appear to be a press release

17 by USA Football on the USAFootball.com website?

18 A It appears to be. Yes.

19 Q Have you seen this press release before

20 today?

21 A It's possible.

22 Q Would you agree that this press release

23 was dated July 20, 2021?

24 A Yes.

25 Q And in perusing it, would you agree

Page 183

·1 that its context is flag football?

·2 A I'm sorry. What do you mean by

·3 "context is flag football"?

·4 Q Well, it's about a flag football event

·5 or situation, correct? It's not about tackle

·6 football or something else?

·7 A This particular press release seems to

·8 be about announcing our high performance and

·9 athletes and coach advisory committees on behalf --

10 on behalf of flag football. Correct.

11 Q And do you have any understanding in

12 terms of whether this press release was issued

13 after the USOPC asked USA Football not to use

14 "national" in front of governing body?

15 A My understanding is they did not tell

16 us that until October of 2023. Up until that

17 point, they have referenced us as a national

18 governing body both in agreements and in emails, as

19 I stated before.

20 Q So before October of 2023, the

21 US Olympic and Paralympic Committee had not asked

22 USA Football not to use "national" in front of

23 governing body in media press releases and things

24 of that nature?

25 A Not to my nature [sic]. Not to me

Page 184

·1 directly, no.

·2 Q Can you repeat that answer? I honestly

·3 didn't --

·4 A Not to my understanding. Sorry. I

·5 feel like I'm speaking loud. I may not speaking

·6 loud enough.

·7 No, not to my understanding and

·8 definitely not to me directly.

·9 MR. NIELSEN: All right.

10 Ms. Videographer, you can take this down,

11 please.

12 BY MR. NIELSEN:

13 Q Does USA Football believe that being

14 the national governing body for flag football in

15 the United States under the Ted Stevens Olympic and

16 Amateur Sports Act is a right that USA Football

17 possesses?

18 A No. We are the governing body for the

19 sport of football, all disciplines. And under the

20 umbrella of being a member -- sole member of IFAF,

21 we do have that right.

22 As it relates to the USOPC and being

23 certified as a national governing body, as I stated

24 before, that can be an open application to anyone

25 who would like to apply for that.

Page 185

·1 MR. NIELSEN: Something's amuck with my

·2 notes here. Let's go off the record for a

·3 minute.

·4 THE VIDEOGRAPHER: Off the record at

·5 3:56 p.m.

·6 (There was a brief recess taken from

·7 3:56 p.m. to 4:09 p.m.)

·8 THE VIDEOGRAPHER: We are back on the

·9 record at 4:09 p.m.

10 BY MR. NIELSEN:

11 Q Ms. Riley, have you been involved in

12 any communications with the NFL in the last three

13 years in regard to flag football on behalf of

14 USA Football?

15 A Yeah.

16 Q Have any of those conversations

17 mentioned my clients?

18 A No.

19 Q Has anyone at USA Football told the NFL

20 that USA Football was the national governing body

21 for flag football in the US?

22 A I believe we have used the term

23 "national governing body" for the sport of

24 football.

25 Q With the NFL?

Case 4:23-cv-00465-ALM Document 75-3 Filed 06/22/24 Page 7 of 10 PageID #: 2760
Page 186

·1 A Sure.

·2 Q Do you know to whom at the NFL

·3 USA Football has indicated that they were the

·4 national governing body for football, including

·5 flag football?

·6 A Could've been in -- with the

·7 NFL Foundation, with other departments as it

·8 relates to conversations and/or discussions around

·9 the sport.

10 Q Any particular people at the NFL or

11 NFL Foundation, as you said?

12 A We often present to the NFL Foundation

13 board and/or the executive director and her staff.

14 Q And you mean the executive director of

15 the NFL Foundation, correct?

16 A Correct.

17 Q And what's her name?

18 A Alexia Gallagher.

19 Q Do you know who is -- well, strike

20 that.

21 So is it your understanding then that

22 USA Football has said in one way or the other to

23 the NFL Foundation board that USA Football's the

24 national governing body for football and flag

25 football in the United States?

Page 187

·1 A Yes, for football as a sport, not just

·2 flag football.

·3 Q But it would include flag football,

·4 correct?

·5 A Any discipline of the sport, correct.

·6 Q Do you know who is on the NFL

·7 Foundation board right now?

·8 A There -- the NFL Foundation board is

·9 made up of different NFL team club owners.

10 Q Is it limited to team club owners?

11 A I'm not positive on that. You'd have

12 to ask them, but my experience has been with club

13 owners.

14 Q Has USA Football told Troy Vincent that

15 you'all are the national governing body for

16 football in the US?

17 A I'm sure that has been bought up in

18 different conversations or meetings. Yes.

19 Q Has USA Football mentioned that it is

20 the national governing body for football in the

21 United States to Kimberly Fields?

22 A Not that I'm aware of unless she was

23 part of a meeting that it was mentioned, but I

24 can't be specific if she was there.

25 Q Has USA Football mentioned to

Page 188

·1 Roman, R-O-M-A-N, Oben, O-B-E-N, that it is the

·2 national governing body for football in the

·3 United States?

·4 A Yes. The NFL has been well-aware of

·5 who we are for quite some time.

·6 Q And when you say "for quite some time,"

·7 how far back are you thinking?

·8 A Well, the NFL was instrumental in

·9 creating USA Football when we were created back in

10 2002.

11 Q And in terms of NFL knowing that

12 USA Football is the national governing body for

13 football in the United States, how far back do you

14 believe that goes?

15 A Since the first time we mentioned it.

16 Q Do you know when that was?

17 A I don't know specifically. I was not

18 employed by USA Football prior to 2014.

19 Q By the time you arrived at

20 USA Football, had USA Football already been

21 communicating to the NFL that it was the national

22 governing body for football in the United States?

23 A Yes.

24 Q Do you know who Izell Reese is?

25 A Yes.

Page 189

·1 Q Does Izell Reese know that USA Football

·2 is the national governing body for football in the

·3 United States?

·4 A I can assume so.

·5 Q And what do you base that assumption

·6 on?

·7 A Because we had to work with his company

·8 during the transition of NFL FLAG.

·9 Q And is his company RCX Sports?

10 A I believe so. I believe they go by

11 RC Sports now, but they've changed their name a few

12 times.

13 MR. NIELSEN: Yeah. Okay. For the

14 reporter that's R-C-X, like the letters.

15 BY MR. NIELSEN:

16 Q And would Mr. Reese's knowledge of

17 USA Football being the national governing body go

18 back to, let's say, 2020?

19 A It could 'cause that's when, I believe,

20 the transition was taking place.

21 Q Now, staying on the topic of national

22 governing body and national governing body

23 certification, Topic 26 in the notice, application

24 papers for NGB certification have not -- the time

25 has not come for them to be submitted yet, correct?

Case 4:23-cv-00465-ALM Document 75-3 Filed 06/22/24 Page 8 of 10 PageID #: 2761
Page 206

·1 Q And the flag football -- I think you've

·2 already testified to this, but flag football was

·3 added to the Olympic program when?

·4 A For LA 2028.

·5 Q And when was that decision made or

·6 announced by USOPC?

·7 A Last fall.

·8 Q So do I understand correctly then that

·9 prior to that time there was no flag football as an

10 Olympic sport?

11 A Correct.

12 Q Is there any possibility in your mind

13 that the NFL was unaware at any time whether or

14 not -- or, let's say, in 2022, for example, whether

15 or not flag football was an Olympic sport?

16 MR. NIELSEN: Objection to form and

17 leading.

18 A No. You can look it up online as to

19 what Olympic sports there are and aren't.

20 BY MS. RICCHIUTO:

21 Q Has anyone at the NFL ever expressed

22 confusion or lack of clarity to USA Football about

23 whether or not flag football was an Olympic sport

24 in 2022?

25 MR. NIELSEN: Same objections.

Page 207

·1 A No.

·2 MS. RICCHIUTO: That's all my

·3 questions.

·4 MR. NIELSEN: Okay. Good. So subject

·5 to any discussions between counsel as to any

·6 of the topics, I think we're good as far as

·7 being done.

·8 Anne, what was our agreement on the

·9 last -- I think we're going to rush the

10 transcript, but if the transcript -- if

11 changes aren't provided with a signature

12 within 30 days, we'll deem it as signed with

13 no changes.

14 MS. RICCHIUTO: That's fine. And we

15 will want to read and sign.

16 MR. NIELSEN: Yeah.

17 THE VIDEOGRAPHER: This concludes

18 today's deposition. The time is 4:55 p.m.

19 We are off the record.

20 STENOGRAPHIC REPORTER: Okay. So can I

21 have everyone state your order on the record

22 if you're ordering the transcript, please?

23 MR. NIELSEN: Yes. We are ordering the

24 transcript. We do not need video at this

25 time, and we need that transcript rushed.

Page 208

·1 And what's today? Today's the 4th.

·2 Can we get this by the 10th?

·3 STENOGRAPHIC REPORTER: Sure.

·4 MR. NIELSEN: Great.

·5 MS. RICCHIUTO: And we will take an

·6 Etrans. And we don't need -- I feel like I

·7 didn't say correctly the last time, Bailey.

·8 What we want is, like, we want to be able to

·9 get video if we need video, but I don't need

10 the video, like, all synced up and

11 whiz-banged now.

12 Does that make sense?

13 THE VIDEOGRAPHER: Yes.

14 STENOGRAPHIC REPORTER: Do you also

15 want it expedited for the 10th?

16 MS. RICCHIUTO: No, I don't think so.

17 (Deposition concluded at 4:57 p.m.)

18

19

20

21

22

23

24

25

Page 209

·1 CERTIFICATE OF DEPONENT

·2

·3 I hereby certify that I have read and

·4 examined the foregoing transcript, and the same is

·5 a true and accurate record of the testimony given

·6 by me.

·7 Any additions or corrections that I

·8 feel are necessary will be made on the Errata

·9 Sheet.

10

11

12

13 _________________________

14 JAMIE RILEY

15

16 _________________________

17 DATE

18

19 (If needed, make additional copies of the Errata

20 Sheet on the next page or use a blank piece of

21 paper.)

22

23

24

25

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Page 210

·1 ERRATA SHEET

·2 Case: USA Football vs FFWCT; USA Flag, et al.

·3 Witness: JAMIE RILEY Date: 4/4/2024

·4

·5 PAGE/LINE SHOULD READ REASON FOR CHANGE

·6 _____________________________________________________

·7 _____________________________________________________

·8 _____________________________________________________

·9 _____________________________________________________

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11 _____________________________________________________

12 _____________________________________________________

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14 _____________________________________________________

15 _____________________________________________________

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Page 211

·1 State of Michigan

·2 Washtenaw County to wit:

·3

·4 I, Christine A. Gonzalez, CSR, RPR, a

·5 Notary Public of the State of Michigan, Washtenaw

·6 County, do hereby certify that prior to the

·7 commencement of the examination, the within-named

·8 witness appeared via Zoom and was duly remotely

·9 sworn by me to testify to the truth, the whole and

10 nothing but the truth.

11 I further certify that the examination

12 was recorded stenographically by me, and this

13 transcript is a record of the proceedings to the

14 best of my ability.

15 I further certify that I am not of

16 counsel to any of the parties, nor in any way

17 interested in the outcome of this action.

18 As witness my hand and notarial seal

19 this 10th of April, 2024.

20

21 _______________________________

22 Christine A. Gonzalez, CSR, RPR

23 Notary Public - Washtenaw County

24

25 My Commission Expires: June 17, 2028

Case 4:23-cv-00465-ALM Document 75-3 Filed 06/22/24 Page 10 of 10 PageID #: 2763