Transcript of Charles Davis,

Individually and as Designated

Representative

Date: April 11, 2024

Case: USA Football, Inc. -v- FFWCT, LLC, et al.

Planet Depos

Phone: 888.433.3767

Email: transcripts@planetdepos.com

www.planetdepos.com

WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY

Case 4:23-cv-00465-ALM Document 75-2 Filed 06/22/24 Page 1 of 14 PageID #: 2740
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

USA FOOTBALL, INC., )

)

Plaintiff, )

)

VS. ) CIVIL ACTION NOS.:

) 4:23-CV-00465

FFWCT, LLC; USA FLAG, LLC; ) and 4:23-CV-00516-ALM

AND TRAVIS BURNETT, )

)

Defendants. )

-----------------------------------

ORAL AND VIDEOTAPED DEPOSITION OF

FFWCT, LLC AND USA FLAG, LLC

BY AND THROUGH ITS DESIGNATED REPRESENTATIVE,

CHARLES DAVIS,

AND IN HIS INDIVIDUAL CAPACITY

APRIL 11, 2024

-----------------------------------

ORAL AND VIDEOTAPED DEPOSITION OF CHARLES DAVIS,

produced as a witness at the instance of the Plaintiff,

and duly sworn, was taken in the above-styled and

numbered cause on April 11, 2024, from 9:06 a.m. to

6:26 p.m., before Kim A. McCann, CSR in and for the State

of Texas, reported by machine shorthand, at the offices

of Scheef & Stone, LLP, 2600 Network Blvd., Suite 400,

Frisco, Texas, pursuant to the Federal Rules of Civil

Procedure.

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INDEX

PAGE

Appearances.......................................... 2

CHARLES DAVIS

Examination by Ms. Ricchiuto.................... 8

EXHIBITS

NO. DESCRIPTION PAGE

Exhibit 26 USA Football, Inc.'s Amended Notice of

Deposition of FFWCT, LLC and USA Flag,

LLC..................................... 12

Exhibit 27 USA Flag Proposal....................... 50

Exhibit 28 Email providing EIN for FFWCT, LLC...... 67

Exhibit 29 Confidentiality & Nondisclosure

Agreement between USA Football, Inc.

And FFWCT............................... 71

Exhibit 30 USA Football Partnership Proposal....... 72

Exhibit 31 Consulting Services Agreement........... 75

Exhibit 32 USA Football 7/30/18 meeting agenda..... 79

Exhibit 33 FFWCT - USA Football, Inc. Event

Collaboration Agreement................. 85

Exhibit 34 Partnership Renewal & Tampa

Announcement letter..................... 89

Exhibit 35 Email dated 2/9/22 from Eric Mayes re

USNFT - Catching up and Next steps...... 93

Exhibit 36 Message string from Flag Football

World Championship Tour Community.......135

Exhibit 37 30(b)(6) Categories of Testimony

Sought..................................144

Exhibit 38 Screenshot of social media page,

USAFB 1629..............................144

Exhibit 39 Printouts of social media images,

USAFB 324...............................157

Exhibit 40 Printouts of LinkedIn images, FFWCT

2946 through 3005.......................176

Exhibit 41 Printouts of Facebook images, FFWCT

3006 through 3168.......................177

Exhibit 42 Email string dated 9/16/22 from Eric

Mayes to Travis/Charles re

USA Football Imagery on FFWCT Website,

USAFB 196...............................180

Exhibit 43 Letter dated 7/1/2020 from Amie Peele

Carter to FFWCT, USAFB 769..............198

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A P P E A R A N C E S

FOR THE PLAINTIFF:

Anne K. Ricchiuto, Esq.

PEELE LAW GROUP

49 Boone Billage

Box 299

Zionsville, Indiana 46077

(202) 964-4500

(202) 964-4502

aricchiuto@peelelawgroup.com

FOR THE DEFENDANTS FFWCT, LLC; USA FLAG, LLC; AND TRAVIS

BURNETT:

Bryan Haynes, Esq.

Taylor L. Harris, Esq.

SCHEEF & STONE, LLP

2600 Network Blvd.

Suite 400

Frisco, Texas 75034

(214) 472-2100

(214) 472-2150 fax

Bryan.Haynes@solidcounsel.com

ALSO PRESENT:

Brian Krieger, Videographer

Travis Burnett

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INDEX (Cont.)

Exhibit 44 Email dated 12/27/20 from Aaron Ingram

to Eric Mayes re Added "USA Flag",

USAFB 1079..............................200

Exhibit 45 Letter dated 11/21/23 from Peele Law

Group to Scheef & Stone re

USA Football, Inc. V. FFWCT, LLC and

Travis Burnett..........................203

Exhibit 46 Email string dated 3/16/17 from

Football World Tour to Merrill Squires

re Next Steps, FFWTC 1074 to FFWTC

1088....................................212

Exhibit 47 Email dated 9/15/21 from Steve Neil to

Charles Davis re Meeting Invitation,

FFWCT 7001..............................227

Exhibit 48 Email from Curtis Holloman to Troy

Vincent re Conversation Follow-up, NFL

93 to NFL 110...........................233

Exhibit 49 Email dated 6/15/22 from Troy Vincent

to Izell Reese re Follow-up Document,

NFL 62 to NFL 64........................246

Exhibit 50 Email dated 6/5/22 from Charles Davis

to Steve Neil re USA Flag NFL

Partnership Budget.pdf, FFWCT 7029 to

FFWCT 7035..............................250

Exhibit 51 USA Flag NFL Partnership Overview, NFL

116 to NFL 121..........................258

Exhibit 52 Email dated 7/5/22 from Curtis

Holloman to Troy Vincent re Misc, NFL

65......................................261

Exhibit 53 Email string dated 7/17/22 from

Charles Davis to Curtis Holloman,

Steve Neil, FFWCT 492 to FFWCT 493......266

Exhibit 54 Email dated 7/19/22 from Charles Davis

to Curtis Holloman, Steve Neil re

Meeting with Troy Vincent, FFWCT 7071...269

Exhibit 55 Email dated 7/28/22 from Curtis

Holloman re 10am Troy, Kimberly &

Curtis Holloman, FFWCT 7201.............269

Exhibit 56 Email dated 8/10/22 from Charles Davis

to Steve Neil, Curtis Holloman, Travis

Burnett re Final Versions, FFWCT 7253

to FFWCT 7258...........................271

Exhibit 57 Email dated 8/17/22 from Charles Davis

to Curtis Holloman, Steve Neil, Travis

Burnett re Possible Red Flag, CH 110....288

Transcript of Charles Davis, Individually and as Designated Representative 1 (1 to 4)

Conducted on April 11, 2024

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INDEX (Cont.)

Exhibit 58 Email dated 8/17/22 from Charles Davis

to Curtis Holloman, Steve Neil, Travis

Burnett re Email for Troy & The Team

(Final), CH 106.........................295

Exhibit 59 Email dated 8/22/22 from Charles Davis

to Curtis Hollomon re Update, follow

up & Zoom, CH 103.......................297

Exhibit 60 Email dated 8/31/22 from Steve Neil to

Charles Davis re Deal Points Start, CH

101.....................................299

Exhibit 61 Zoom meeting invitation re 1pm NFL &

USA Flag, FFWCT 441.....................302

Exhibit 62 Email dated 10/4/22 from Charles Davis

re Working Document for Call, FFWCT

7370 to FFWCT 7383......................314

Exhibit 63 Email dated 10/22.......................320

Exhibit 64 Email dated 10/4/22 from Charles

Davis, Screenshots of text messages re

Izell & Travis Convo, FFWCT 7412........322

Exhibit 65 Email dated 10/10/22 from Charles

Davis...................................323

Exhibit 66 Email string dated 11/16/22 from Steve

Neil, FFWCT 7509........................333

Exhibit 67 Email dated 11/17/22 from Curtis

Hollomon to Roman Oben re USA Flag

Proposal Follow-up, CH 115..............334

Exhibit 68 Complaint filed by FFWCT, USA Flag and

Travis Burnett..........................338

Exhibit 69 Email string dated 11/17/22 from

Curtis Hollomon re USA Flag Proposal

Follow-up, NFL 49.......................346

Exhibit 70 Email string dated 11/17/22 from

Charles Davis re Tampa VIP Visitors

List, CH 69.............................352

Exhibit 71 Email string dated 11/29/22 from

Charles Davis to Steve Neil re Next

Steps, CH 59............................354

Exhibit 72 Email dated 12/20/22 from Charles

Davis re NFL Pro Bowl Games Las Vegas,

CH 40...................................356

Exhibit 73 Email dated 8/10/23 from Charles Davis

to Steve Neil re Additional bullet

points, CH 2............................361

Exhibit 74 Email dated 8/30/23 from Charles Davis

to Curtis Hollomon and Steve Neil re

7v7 Pivot - Ignitor needed, CH 39.......363

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P R O C E E D I N G S

THE VIDEOGRAPHER: Here begins Media

Number 1 in the videotaped deposition of

Charles Davis both individually and as

representative of FFWCT and USAFlag. This is in

the matter of USAFootball, Incorporated versus

FFWCT, LLC,et al. This is in the United States

District Court for the Eastern District of Texas,

Sherman Division filed as Civil Action Numbers

4:23-CV-00465 and 4:23-CV-00516-ALM.

Today's date is Thursday, April 11,

2024. Our time on the video monitor is 9:06 a.m.

The videographer today is Brian Krieger

representing Planet Depos. This video deposition

is taking place at 2600 Network Boulevard,

Suite 400 in Frisco, Texas.

If counsel would please identify

themselves and please state who they represent.

MS. RICCHIUTO: Anne Ricchiuto for

USAFootball. And -- sorry -- and Ialso have

with me Ashley Hodges for USAFootball.

MR. HAYNES: Bryan Haynes for WWCT,

LLC, USAFlag, LLC,and Travis Burnett. And

Taylor Harris is also present.

THE VIDEOGRAPHER: Okay. Our court

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INDEX (Cont.)

Exhibit 75 Email string dated 8/31/22 from Travis

Burnett re USA Flag Follow Up, FFWCT

7695....................................366

Exhibit 76 Email dated 2/29/24 from Charles Davis

to Curtis Hollomon re USA Football

subpoenas, CH 41........................370

Exhibit 77 USA Flag Football Rulebook..............376

Exhibit 78 Printout from USA Flag's website

printed on 7/13/23......................381

Exhibit 79 Email dated 10/24/22 from Travis

Burnett to Steve Neil and Charles

Davis re USOPC Member Application,

FFWCT 7481..............................384

Exhibit 80 Email dated 10/24/22 from Travis

Burnett re USOPC Member Application

with NGB Budget, FFWCT 7487.............388

Exhibit 81 Screenshot from USA Flag Instagram,

USAFB 1612..............................400

Exhibit 82 Promotional graphic from USA Flag's

Instagram, USAFB 1626...................402

Exhibit 83 Email string from Joe Banach to Scott

Henson of Nike re Time on Friday,

USAFB 1656..............................406

Exhibit 84 Trademark Assignment, FFWCT 2074........420

Exhibit 85 Flag Football World Championship Tour

balance sheet, FFWCT 8109...............421

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reporter today is Kim McCann also representing

Planet Depos. And nowthe witness will be sworn.

CHARLES DAVIS,

Having been first duly sworn, testified as

follows:

EXAMINATION

BYMS. RICCHIUTO:

Q. Good morning, Mr. Davis.

A. Good morning. How are you?

Q. I'm Anne Ricchiuto. We met just a

second ago, I represent USAFootball here to take

your deposition today.

Have you ever been deposed before?

A. No, ma'am.

Q. Have you ever watched a video of a

deposition?

A. I believe so. I would assume so.

Q. Well, whose -- whose deposition have

you watched --

A. Just something on TV, yeah.

Q. Okay.

A. Nothing like this.

Q. Have you ever, like, sat in on a

deposition like Travis is doing today?

A. No, ma'am.

Transcript of Charles Davis, Individually and as Designated Representative 2 (5 to 8)

Conducted on April 11, 2024

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opportunity that Iexplored doing it outside of

just being a player.

Q. At that time, were you employed in

some other capacity?

A. 2015, yes, I was working for Nestlé.

Q. In what type of role?

A. I was in a marketing and basically a

-- the -- I handled the distribution center in

Indy.

Q. Okay. We have that in common; we've

talked about that.

Howdid you meet Travis?

A. Random phone call. I had a friend in

Chicago who wanted to throw a football

tournament -- or flag football tournament, I

should say. He wanted some traveling teams, and

I said I think I just saw a blog online that

listed flag football tournaments. I'll give it

shout and see it could be of service. And I gave

it a shout, and that handsome gentleman over

there decided the answer and, you know, we -- we

hit it off.

Q. So you reached out to him on behalf

of someone else?

A. Yes.

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school level. Boys don't even play it in

high school. So I don't believe it's normal

football, in my opinion. I believe it's a

completely different sport that just obviously

shares the same type of ball, in my opinion.

Q. Flag football has more in common with

tackle football than -- than flag football has in

common with something like soccer.

Do you agree with that?

A. I'm not -- I'm not sure. I'd have to

kind of sit down and compare apples to oranges.

But I'd generally say maybe, possibly. But I'd

-- I'd have to sit down and kind ofcompare

apples to apples.

Q. When someone says, I'm going to watch

afootball game this weekend, what do you -- what

does that bring to mind for you?

A. If I'm sitting down watching a

football game, I would assume they're going to

watch tackle football.

Q. Okay. And what about, I'm playing in

afootball game this weekend?

A. I would assume they're going to play

tackle as well.

Q. So howwould someone connote to you

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Q. Kind of informally?

A. Yes.

Q. And then what happened next?

A. We were on the phone for

probably all -- I'll just say all day. I won't

even put a number on it. It was -- it was all

day. I paced up and down the sidewalk. We

discussed flag football and the general landscape

and how we both had, you know, ideas on how to

make the sport better and we both thought it

should be more mainstream. And, you know, it's

just kind of goofy to think about now that, you

know, that was just a random phone call and kind

of where we are now. But yes, it was just some

of the things we discussed at that point.

Q. Is -- is flag football subset of

football, generally?

A. I -- I think technically people

believe it is. I do not. I never have. It's

entirely different to me. Obviously the sport is

both football in -- in its different disciplines.

But in my opinion, it's a completely different

sport because it has different rules. It's

played completely different. It has different

disciplines. It's not offered at every high

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that they're playing flag or they're watching

flag?

A. In my experience, they're going say,

Hey, are we going to playing flag this weekend,

you know, We got a pickup flag game, or, Hey, you

want to play in this flag tournament? They --

THE REPORTER: Slowdown.

THE WITNESS: Sorry.

A. They rarely ever, you know, say, hey,

we're playing football this weekend because

it's -- again, it's just different, in my

experience at least.

Q. So you and Travis had -- you hit it

off quite swimmingly, it sounds like.

Howdid you start to think about

working together in terms of in a more formal

capacity?

A. Yeah, we originally started as Flag

Football World Championship Tour. We thought the

easiest route ofentry for the time being would

be to, you know,culminate some of the largest

tournaments in the country, put them under kind

of one tour, one umbrella, and go sell

sponsorship on behalf of those and try to elevate

the sport.

Transcript of Charles Davis, Individually and as Designated Representative 5 (17 to 20)

Conducted on April 11, 2024

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available to me?

A. Typically you'd go most likely play

in your local sport and social club. That's

where the majority of just recreational adults

play. And then from there, they would either go

to more of a more advanced league that has adult

recreational flag football, or they play in like

a weekend tournament as well. So it's usually

one of those fronts, in my opinion.

Q. What about if I were thinking that I

wanted to play -- you know, I think I'm pretty

good and I want to play at a higher level than

that.

A. Yeah.

Q. I've played at a Broad Ripple Park.

I'm tired of that. You know, I'm ready to --

A. Yeah.

Q. -- ready to play at a higher caliber.

A. Yep.

Q. Would I find USAFlag as an

opportunity at that point?

A. Yes.

Q. What else -- like, who else do you

view-- I mean, I -- I've heard you say -- and I

respect your viewthat you've got to best of the

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A. On the adult side? Youth side? Both

sides?

Q. Adult.

A. Tournament operators on the adult

side is ourselves. There is the United Flag

Football League. There is the United Flag --

U -- UFFAthere in Cincinnati. There are

Premier -- the Premier Flag Federation in

Colorado. There is X Flag Football in San Diego.

You've got Flag Football X. You've got Florida

Flag Football. I mean, there's -- I mean,

there's literally countless. We could -- we

could do this for a very long time.

Q. What about USAFootball?

A. USAFootball has -- so USAFootball,

to my knowledge, only does one tournament and

that's the one. They've only recently started

doing that tournament in the last three years --

two or three years. But other than that one

tournament, there aren't any that -- to my

knowledge, that they host themselves.

Q. Is there -- has it ever happened that

some third party -- any third party has confused

USAFlag with USAFootball that you're aware of?

MR. HAYNES: Go ahead.

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best; right?

A. Yes.

Q. Who else might Iencounter if I

were -- you know, Iconsidered myself a pretty --

pretty darn good flag football player and I

wanted to play at a higher level?

A. That would be a -- a pretty difficult

question to answer because there'd be a lot of

qualifying questions I'd have to ask you first.

But in general, you'd have to kind of tell me are

you looking to play on just the weekend? Are you

looking to play, you know, at a certain time of

year? Kind of -- there'd be a lot of qualifying

questions to that. That question's a little --

little -- little too obscure to give a specific

answer to. I'm sorry.

Q. Okay. I'm looking to get on a

National Team.

A. Looking to get on a National Team,

you would have to designate which National Team.

You would have to designate, you know, what your

end goal would be, and then Icould, you know,

potentially point you in the right direction.

Q. Who are the other tournament

operators in the flag space?

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A. That I'm aware of?

Q. Uh-huh.

A. Not -- not to my immediate knowledge.

I -- possibly, but not -- not that Ican recall

right now at this second, no.

Q. In connection with this lawsuit,

has -- have any examples of confusion been

brought to your attention?

A. Confusion with the lawsuit? Could

you elaborate a little more, please.

Q. One of the -- one of the topics on

which you've been designated is Topic 9,and

that's communications with third parties

inquiring as to whether you are related to,

sponsored by,affiliated with,endorsed by, or

otherwise connected to USAFootball.

A. Yes.

Q. Okay. And so I'm asking whether

that's ever happened?

A. Confused by, not my experience so

far. People have asked what the relationship is

or the difference is or how do we co-exist in the

flag football ecosystem, but they have never, in

my opinion,confused us as the same brand. They

just want to know kind of who does what, how it

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works, what do we have to offer, what do they

have to offer in those regards. But in terms of

confusing us as the same person, no.

Q. Howdo you answer a question like

that?

A. Typically my answer is -- again, I'm

going to paraphrase because obviously Ican add a

"and" here and a "the" there.

Q. Sure.

A. But typically when someone asks me,

you know, what is the difference, or they'll say,

you know, what is the relationship between you

guys and USAFootball, I'd say at this current

time, we don't have a contractual relationship. We're not affiliated in any shape, form, or

fashion.

In the past you may have seen things

where we work together where they've use our

events to scout, but at this current juncture

right now, we don't have a working relationship.

Q. And what about the question about how

do you co-exist?

A. How we co-exist is we run our

tournaments and run and they do their thing on

their own. We don't have any kind ofcrossover

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A. No.

Q. Is that a goal of USAFlag?

A. To have a formal relationship with

USAFootball or -- I'm sorry.

Q. To have people believe that there

must be one.

A. No.

Q. What steps do you take to make sure

that people don't get confused?

A. What steps do we take to ensure

people aren't confused that we're USAFootball?

Q. Right.

A. We keep running our tournaments. We

have our own brand identity. We have our own

operations team, our own website. Everything we

do is completely different, and it doesn't say

USAFootball. So fundamentally we're different

from the start.

(Exhibit 36 was marked.)

Q. This is what's been marked as

Exhibit 36. Now, I'm going to require -- I'm

going to rely on your great expertise here of

socials this side of this.

Is this a-- some sort of social

media post by Flag Football World Championship

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in its current form. All of our tournaments are

listed here on our website. You would have to go

to their website to find out exactly what they're

doing on their side.

Q. Howoften do you get a question like

that?

A. Not very often.

Q. When's the last time you got one?

A. Maybe once in the last six months.

Maybe twice -- once or two.

Q. Who is that that asked you that?

A. I had Scott at Nike ask me kind of

what the relationship was between the two brands,

kind of what each is doing. And Ican't recall

who the second one is off the top of my head.

But I know there was at least -- at least two.

Q. Is it a goal at all for third parties

who encounter USAFlag to have the impression

that USAFlag is associated in some way with

USAFootball? Is that a goal of yours?

MR. HAYNES: Objection. Form.

A. No.

MR. HAYNES: Oh, I'm sorry.

A. Is that a goal of ours?

Q. Is that a goal of Mr. Davis?

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Tour Community?

A. Yes.

Q. What is the community part of it? Is

it its own page?

A. So the community is just a Facebook

group where flag football players can congregate,

talk about play strategy, ask questions about

tournaments we run, things of that nature. It's

a social function for them to be and have like a

safe space.

Q. Like,could I join it or --

A. Yeah.

Q. -- do you have to be a player?

A. No. Anybody can join it.

Q. Okay. And this -- I don't knowthe

date of this, but you tell me if you have a magic

way to know.

A. I don't. I'm sorry.

Q. The Bates number on this, by the way,

for the record is USAFB 1650. The only hint I

have about the date is that it's announcing the

2023 Tournament Series -- or at least reflecting

it. Maybe not announcing but --

A. Yes.

Q. -- saying here's the next year's

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Exhibit 38. Is this also asocial media page,

Mr. Davis?

A. Yes. This looks to be our -- our

Instagram page that was originally FFWCT, that

was renamed to USAFlag Football for

forward-facing purposes.

Q. Acouple of things: Howcan you tell

that this is Instagram?

A. So our -- if the --

Q. I believe you. I'm really genuinely

asking.

A. Yeah, so the -- the handle on the top

left --

Q. Uh-huh.

A. -- it says usaflagfb, that's our

Instagram handle.

Q. Okay.

A. That's the only social media that it

would appear like that.

Q. Tell me about -- you just mentioned

renaming the handle.

A. Yes.

Q. So there -- so this same account

existed but it had a different name?

A. Yes. It was FFWCT.

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like the original setup of the account and then

there's your persona--

A. Yeah.

Q. -- your handle?

A. Yeah, so to speak. It's kind of like

what you're -- you're going by. It -- almost

like a d/b/a if you associate.

Q. Okay. Could you change your handle

every day?

A. No. You're not allowed to do that.

Q. Howoften are you allowed to change

it?

A. I'm not exactly sure on how what the

frequency is, but you only have a certain --

certain amount of times you can change it, like,

per year. And then you can only change it a

certain amount of times, you know, in general.

You can't just go change it every single day.

Q. From asocial media perspective, is

it good to change it or not good to change it?

A. Obviously if you're operating

business, you want to represent your business as

-- as best you can. So with us having USAFlag

as a forward-facing brand, it made the most sense

to tweak our social media handle to represent the

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Q. So it wasn't -- you didn't close

FFWCT and make a newaccount?

A. Correct.

Q. Do your -- howdoes that work with --

like, is it just as easy as I go in Instaand I

say nowI wish my name was?

A. Instagram works on

first-come-first-served basis. So someone

already has the name, it's not available to you.

So you have to pick a name that's close to what

you want it to be as possible that is available.

Q. But in terms of migrating or

renaming, I want to understand that process.

A. Yeah, so you just go into your

settings and it allows you to select a -- a user

name for your account. So, for example, Icould

be account One 200, for example. One 200 could

have a user name of Charles if I wanted it to be.

Ican change my user name to whatever I want for

that account.

So for that account we were using it

for FFWCT. Irenamed it usaflagfb to, you know,

obviously coincide with our forward-facing brand

change.

Q. So is there kind of two -- there's

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same.

Q. Okay. And do you remember

approximately when you changed the handle?

A. I don't. It would have had to have

been the same time we made the forward-facing

flip on everything else.

Q. Okay. And is that something that you

would have done?

A. I would have done the Instagram one

for sure, yes.

Q. Were there others that you changed

over?

A. We changed over our Facebook, our

Twitter, our Instagram, and I believe our

LinkedIn were the big ones we changed -- and the

YouTube.

Q. Are those all the social sites that

you have?

A. To my knowledge that Ican think of.

Q. For USAFlag?

A. Yeah, to my knowledge that Ican

think of off the top of my head, yes.

Q. What about TikTok?

A. We do have a TikTok. We have a

TikTok and we have a Threads and such.

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Q. Awhat?

A. It's called Threads.

Q. What's that?

A. I don't know yet.

MR. HAYNES: It -- it -- it's

connected to Instagram. It's Instagram's --

A. It's almost like a Twitter.

MR. HAYNES: -- response to Twitter.

THE WITNESS: Yeah.

MS. RICCHIUTO: All people who do not

want to be on X.

Q. You're not on Threads?

A. It gives you one automatically now,

so I -- I looked and we had one one day.

Q. Oh, Insta?

A. Yes.

Q. Again, I -- I -- I'm impressed with

Bryan here,and I will consult with my teenager

for further information.

Okay. What I want to ask you about

with this document, I -- we don't knowexactly

when this is from other than we knowthat it was

sometime after the switch, so Q4 or later.

Do you agree with that -- Q4 of 2022

or later?

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us for a repost.

Q. So is that mack_attack?

A. Yes. That's why I believe they say,

I appreciate the support. If you notice, under

the usaflagfb that's kind of in that rectangle

box, you notice the three dots.

Q. Uh-huh.

A. So typically when you repost

someone's content, it will copy the caption they

wrote and repost the photo as well. So if

someone requests that, Hey, will you share my

photo or my video or my highlight, you basically

can hit repost, it will repost their caption that

they wrote and the photo that they posted.

Q. What about their hashtags?

A. It will repost everything they did.

So basically whatever they've posted, it's just

going to recopy that and post it to ours for

additional visibility.

Q. It would be like ashare on Facebook?

A. Yes.

Q. Okay. I'm old so I knowthat one

sort of the best.

If you wanted to,can you change the

hashtags?

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A. Yes.

Q. There are -- do they still call them

hashtags?

A. Yes.

Q. Okay. There are -- or sometimes they

call it tagging or -- like what would you call

the hashtag here?

A. They would just be -- be hashtags.

Just public -- public domain hashtags.

Q. Okay. And the hashtags here are

#usafootball, #usatheone, #usnft, #flagfootball,

#football, #usaflag,and #ffwct.

Do you see that?

A. Yes.

Q. Okay. And that I think the content

there is saying: To the house. I don't knowhow

I pulled off the move.

Agree?

A. Yes.

Q. I perceive that to be acomplement to

someone who is playing flag football that did

something very neat.

A. Yeah, so this would -- this would be

a -- to my appearance, this is a repost of

someone else's content that tagged us and asked

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A. To my knowledge, I believe you can

now. At the time when you reposted, I don't

think you could. I think you had to take it as

is. Now you can.

Q. So we don't knowexactly when this

was and what the policy was, I understand that.

A. Right.

Q. If this happened today and

mack_attack128 tagged USAFlag and had all these

other hashtags, is there any policy or practice

in place about what you would do about those

hashtags?

A. Yeah, just -- just for common --

common courtesy in the space, I -- I wouldn't use

hashtags that more than likely USAFootball uses

the most. So their #usafootball, #usatheone, and

#usnft, I -- I would not use those hashtags for

the posts.

Q. And when did you start having that

common courtesy policy?

A. When we no longer had a working

agreement, I stopped using those just -- just for

common courtesy.

Q. And that's -- right nowwe're talking

about like arepost scenario, which might be

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Q. Well, have -- have you taken it down?

A. Icouldn't tell you either way. I

don't do the website so I don't know.

Q. Who does the website?

A. Your friend, Travis.

Q. Okay. Have you had any conversations

about taking this photo down?

A. No, I don't believe so.

Q. Were you aware that you've been

requested to take it down?

A. I don't believe so, no.

Q. Okay. If it were a newrequest that

came to you not from alawyer,and Brittany

texted you and said, Hey, we're worried about

this picture,can you just take it down, please;

it's right on the front of your website, we're

worried about it's confusing,can you just take

it down, would you take it down?

A. In this current moment, like just

right now?

Q. Sure.

A. I definitely would discuss it. I

mean, I'm not -- I'm not -- not opposed to

anything. I would definitely have a conversation

about it.

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A. Yes.

Q. With respect to other platforms, do

you have the ability to remove those tags or

"ats"or whatever it is that would -- that would

direct a viewer to another account?

A. Instagram is pretty -- pretty

specific in that it -- honestly, it's probably

the only one of the popular social media

platforms that has a lot of that -- that type of

resharing functionality. Twitter has some but

it's -- they don't operate like Instagram does.

Instagram is kind of a unique

scenario off by itself in an outlier. Those same

type of situations that we discussed previously

with, you know, us reposting something that has a

hashtag pertinent to someone else specifically or

used more than, you know, by someone else, that

doesn't really apply on a Facebook or especially

a Snapchat where the stuff's only there for 24

house. That's just nonexistent; there's none of

that there.

Facebook you can share a post but

it's -- it's super manual and you don't really

get the players on your feed to be able to see

those. So those are -- those don't really happen

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Q. When you just look at this photo and

you read the caption which doesn't say anything

about USAFootball --

A. Right.

Q. -- can you understand why there's

concern around use of this photo right on your

website?

MR. HAYNES: Objection. Form.

A. Yes.

Q. Okay. Thank you.

MS. RICCHIUTO: Let's take a break.

THE VIDEOGRAPHER: We're off the

record at 12:37 p.m.

(Break from 12:36 p.m. to 2:01 p.m.)

THE VIDEOGRAPHER: The time is

2:02 p.m. We're back on the record.

Q. (BYMS. RICCHIUTO) Okay. Mr. Davis,

I think I have just acouple of more questions

related to social media.

A. Yes, ma'am.

Q. We talked about specific to Instagram

whether you can untag or un-at or, you know,

remove features of posts where someone else has

added tags or "ats."

Are you with me?

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either.

YouTube we don't use very much and we

don't get tagged on YouTube, so that -- that

doesn't apply to the scenario either. I'm trying

to think what else we use. Threads is so new we

-- we barely do anything there. But to my

knowledge, at all social media platforms that we

have, we don't really have that same

functionality that would require us to even kind

of monitor a repost or anything like that.

Instagram is pretty unique and it's the only

platform that really does that.

Q. So if I tagged you in a Facebook

post -- you, USAFlag --

A. Yes.

Q. -- and you sawit and you were happy

to share it, but you didn't want to be tagged in

it, for whatever reason, or you thought I tagged

Travis and it should have been Tommy,can you

share it and take off somebody else's --

A. No.

Q. -- tags?

A. No.

Q. You're stuck with it?

A. They can -- so the only thing -- the

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only functionality you have at that point is you

can go to that post and remove yourself from the

tag. But in terms ofediting anything they

actually physically typed, you don't have that

functionality to edit that at all.

Q. Can you remove others than

yourself --

A. No.

Q. -- from tags?

A. No. You can only remove yourself.

Q. Okay. Platform, I want to make sure

I have all your handles. So we've -- LinkedIn we

looked at physically. Is there any other

LinkedIn page for USAFlag? FFWCT? FlagSpin?

A. The only LinkedIn page I'm privy to

is our original FFWCTLinkedIn page that we

re-branded to USAFlag.

Q. That we looked at today?

A. Yes, ma'am.

Q. Okay. What about Facebook?

A. Facebook, we have our -- we have our

Flag Football World Championship Tour account.

For whatever reason our master account still says

we're the Flag Football World Championship World

Tour,even though the forward-facing portion of

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Q. And the content on all of the sites

with the handles that you've just described, that

is content that was either posted by you

personally or is somehowattributable to

USAFlag?

A. Yes.

Q. Did there come atime -- we're going

to switch gears -- when USAFlag decided to

approach -- or -- or I guess it could have been

before that -- decided to approach the NFL about

acollaboration?

A. Could you ask the question one more

time. I'm so sorry.

Q. Did there come atime where you and

Travis, in whatever corporate form at the time,

wanted to approach USAFlag about a

collaboration -- I mean, the NFL.

A. Yes.

Q. Thank you.

A. Yes.

Q. There did, yes?

A. There was a time, yes.

Q. Okay. When is the first time that

you-all had any conversations with anybody at the

NFL?

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it says USAFlag. So that's Facebook's side. We have the USAFlag Community group,

which is a group on Facebook, it's just kind of a

public group. It's not really a formal business

page like the regular pages on Facebook.

FlagSpin has a page. USA7-on-7 has a page. I

think that's it, to my knowledge.

Q. For Facebook?

A. Yes, ma'am.

Q. What about Instagram?

A. Instagram, FlagSpin has a page. We

have the usaflagfb Instagram account that used to

be FFWCTthat we branded on the front. There's

the Mex Flag as well, and then there's a

USA7-on-7 page as well.

Q. What about Twitter or X?

A. Twitter, we have a USAFlag Twitter

handle, which I believe it's fully spelled out

USAFlag Football because, again, social media is

is first-come-first-served. So usaflagfb was not

available. Somebody already had that for some

reason or somehow, so we had to go USAFlag

Football for that one. And then FlagSpin has --

has a -- a handle as well. USA7-on-7 has a

handle as well for those.

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A. Directly?

Q. Sure.

A. The first time I had a direct

conversation with anybody at the NFL was during

our in-person meeting with myself, Travis, Steve

Neil and Curtis Hollomon. Ican't remember the

exact month we were there, but I feel like -- I

can't remember what month it was, honestly. But

that was the first time speaking to anybody at

the NFL.

Q. Maybe August of 2022?

A. Something -- something like -- I

really don't remember the exact month.

Q. Okay. Prior to that, were there --

so you were not involved in any outreach or

communications with the NFL before that?

A. To my knowledge, most of the

communication was done via us directly through

Curt and Steve, and then they directly talked to

Troy and -- and Co., I would say.

Q. Okay.

(Exhibit 46 was marked.)

Q. This is Exhibit Number 46. This is

FFWCT 1074 through 1088. This is an email dated

March 16, 2017, from Football World Tour to

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involves communication with your lawyers.

THE WITNESS: Okay.

Q. Howmuch subpoenas do you understand

that I have prepared for Steve Neil?

A. I just know that were going to serve

him the one subpoena.

Q. Okay. And what I want to knowis if

you've talked to him and told him not to accept

it?

A. No. No, I have not.

Q. Do you knowif I've served asubpoena

on him?

A. I just know that you were going to.

I don't know anything after that.

Q. Okay. Curtis told me something to

the effect of Steve saying, You're going to have

to find me basically. And I'm curious whether

Steve has said that to you also?

A. I have not had a communication with

Steve or Curt.

Q. Okay. Do you knowwhether

Steve Neil's business address at Nyne Global is

200 Miranova Place?

A. Icould not tell you what their

address is.

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A. I -- I believe I am aware of that. I

vaguely remember.

Q. Did you read that transcript?

A. I don't believe I did, to my

knowledge right now. Sorry.

Q. If your expert testified about

mathematical errors in his report as aresult of

mathematical errors in some of the proposals made

to the NFL, do you have any reason to say that

testimony's not right?

A. I don't. I wouldn't be privy to his

-- his calculations or computations. I'm -- I'm

no expert for sure.

Q. Howmuch money -- as we sit here

today, howmuch money are you hoping to achieve

by filing alawsuit against USAFootball?

A. I'm not hoping to achieve any kind of

specific number. That's up to the Court. I have

no -- no dog in that fight, so to speak, in the

number or request.

Q. You have no dog?

A. As a specific number like, oh, I want

$7, like I -- that's totally up to the Court.

Q. Okay. But you believe you're

entitled to some money from USAFootball?

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Q. Okay.

A. I haven't mailed them anything or

been there.

Q. Do you knowif Steve Neil moved in

the last 60 days?

A. In the last -- Icouldn't tell -- I

haven't had any conversations with Steve or Curt.

Q. Okay. So if Ican't find him, it's

not because you told him to hide?

A. Definitely not.

Q. Okay. Do you know-- oh, my gosh.

I'm not going to knowhis first name.

You-all have hired an expert in this

case with the last name Porter.

Does that ring a bell?

A. I'm not privy to the experts' names.

I'm sorry.

Q. Okay. Do you knowthat somebody on

your behalf has submitted areport saying how

much money you-all should be entitled to as a

result of your lawsuit?

A. I am aware that there was an expert

that re -- prepared a report, yes.

Q. Okay. Do you -- are you aware the

expert was depose?

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A. I believe so, yes.

Q. Has USAFlag ever described itself as

a governing body or anything along those lines?

MR. HAYNES: Objection. Form.

A. I believe we've called ourselves a

governing organization or -- I know we've called

ourselves a governing organization for sure. I

don't know if we've ever called ourselves an NGB,

maybe like a self-appointed governing something,

maybe. Icouldn't recall specifically.

Q. Where would you have called yourself

something like that?

A. Maybe in our rules or in "About Us"

section probably.

Q. And who is responsible for that

content?

A. Travis mostly does all the website

content.

Q. This is Exhibit 77.

A. Okay.

(Exhibit 77 was marked.)

Q. It doesn't have a Bates number on it,

but it was filed with the Court. On page 2 of

this document, you see some highlighted language.

Well, first of all, what is this?

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A. This looks like our general rules on

our website.

Q. Okay. And from the date on this when

it was printed, I believe that it reflects that

it was printed on July 6, 2023.

Do you see that?

A. I do.

Q. Okay. And it says: (As read) We

declare USAFlag the self-appointed national

governing organization of the sport of flag

football through common consent of our

participating teams.

Do you see that?

A. Yes.

Q. Okay. So what's -- what does that

mean?

A. Because a lot of teams, players all

view us as kind of the pillar in flag football in

playing our events in -- in -- in -- in large

quantities, we believe we're a governing-type

organization that dictates rules, dictates

competition, hosts competitions, and organizes

events. So by that theory we make that

statement.

Q. Where did you get the understanding

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governing body for all forms and styles of the

sport.

So you just told me about how

sensitive national governing body is.

A. Correct.

Q. But you felt like ultimate governing

body did not cause that same connotation for

someone who is understanding or -- or reading

those words?

A. Correct.

Q. So the average person would know, oh,

this isn't the national governing body, it's the

ultimate governing body?

A. I wouldn't be privy to what the

average person would know. I'm sorry.

Q. Well, you just gave me a big

explanation about howimportant it was not to say

those letters in arow,and I think those letters

you were referring to were NGB.

A. Correct.

Q. But UGB, fair game in your mind?

A. Yes.

Q. Why?

A. Because, again, I believe the term

specifically "national governing body" right in a

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that there could be aself-appointed national

governing organization?

A. Just by kind of going through the

years and seeing other organizations do the same

thing, we assumed we can do the same thing as

well.

Q. What other organizations have done

that?

A. Other various organizations we've

seen in softball, we've seen in other -- other

sports are kind of self-appointed governing

organizations. We didn't feel that saying like

we were a governing body specifically was

allowed. We thought that was a protected mark

with those specific three letters and that

specific phrasing of the three words those three

letters represent. So we tried our best to not

-- not do that because we -- we thought that

was -- you know, you had to have some type of

certification or clearance to use that.

Q. Okay. And so the second highlighted

section says US --

MR. HAYNES: Objection.

Nonresponsive. Sorry.

Q. -- says: USAFlag is the ultimate

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row, those three letters sequentially are

protected, as well as the acronym "NGB" are

federally protected. So we don't use those --

those three.

Q. Howwould someone reading this know

the difference between and ultimate governing

body and a national governing body?

A. I'm not --

MR. HAYNES: Objection. Form.

A. I'm not for sure.

Q. Well, what do you hope somebody

thinks you do by calling yourself the ultimate

governing body?

A. That we govern the sport of -- of

flag football per our events.

Q. Do you agree that the word "ultimate"

connotes, like, top dog, main one, most

important?

A. I would agree with that acronym.

Q. Okay.

A. Or synonym.

Q. Then this language that we're looking

at, if I told you that I had seen that on other

parts of your website, would you be surprised by

that?

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exhibit with the lowest designation, for example.

MR. HAYNES: Right.

MS. RICCHIUTO: That has been my

effort. If it turns out that I have gotten that

wrong,and, for example, brought an AEO today

that Taylor and I have already agreed is not AEO,

for whatever reason --

MR. HAYNES: Right.

MS. RICCHIUTO: -- I'm assuming and

hoping that those --

MR. HAYNES: Yeah, so I don't know

hardly anything that he knows,and so that --

he's going -- that's what -- you're going to be

doing the actual page and line designation. So

he'll know--

MR. HARRIS: This is just

preliminary.

MR. HAYNES: This is just preliminary

for the record until -- until we get the actual

record and so that we've got -- got that covered.

And then what -- however -- however he designates

it and approved by Mark and to myself after we

see them, that will be the actual designations

after that. So yes.

MS. RICCHIUTO: Okay. And do you

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document, we agree that's not --

MR. HAYNES: So -- so here's my

position.

MR. HARRIS: It's still confidential,

right, we're not talking about that.

MS. RICCHIUTO: Understood. No --

nothing's going in the newspapers.

MR. HAYNES: Okay. Right.

MS. RICCHIUTO: Yeah.

MR. HAYNES: What he said.

MS. RICCHIUTO: If you've designated

it that way -- or like NFL had its own

designations, for example.

MR. HAYNES: And I'm not trying to --

to change the designation of any of the documents

themselves. I'm talking about the conversations

around them until his -- one question might be

confidential or attorneys' eyes and everything

else might not be -- I mean,attorneys' eyes only

and everything else might not. So I'm just

trying to cover the topic. Not the -- the

documents are already -- they're -- whatever

they're designated, I'm not trying to change

those.

MS. RICCHIUTO: Okay. That's

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have a position,even preliminarily on -- maybe

we need to go back and look at the PO --

paragraph 16 in the protective order says that

regardless of designation by a party, information

gotten from athird party,even if it's same,

doesn't carry the designation.

So, for example, I have tried to use

Curtis Hollomon or NFL versions where I have

them.

MR. HAYNES: Right.

MS. RICCHIUTO: Are we in agreement

that those are no longer AEO?

MR. HAYNES: I would turn to my

co-counsel.

Can you opine on that issue?

MR. HARRIS: They're no longer AEO.

MR. HAYNES: Okay.

MR. HARRIS: They've been produced by

athird party, so can't take that position.

MR. HAYNES: Okay.

MS. RICCHIUTO: Okay. So when which

go through these -- and,again, I'm not -- I know

you're doing your best while I'm flying

through -- but if we go through these and

something was an NFL document or a Curtis

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helpful.

MR. HAYNES: That's all I have.

THE VIDEOGRAPHER: Okay. This

concludes the videotaped deposition of

Charles Davis. The time is 6:27 p.m. We are off

the record.

(Time noted - 6:27 p.m.)

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INTHEUNITEDSTATES DISTRICT COURT

FORTHEEASTERNDISTRICT OF TEXAS

SHERMANDIVISION

USA FOOTBALL, INC., )

)

Plaintiff, )

) CIVILACTION

VS. )

) NO.: 4:23-CV-00465

)and 4:23-CV-00516-ALM

FFWCT, LLC; USA FLAG, LLC; )

ANDTRAVIS BURNETT, )

)

Defendants. )

REPORTER'S CERTIFICATION

VIDEOTAPEDORALDEPOSITIONOF

FFWCT, LLCANDUSA FLAG, LLC

BYANDTHROUGHITS DESIGNATEDREPRESENTATIVE,

ANDINHIS INDIVIDUALCAPACITY

CHARLES DAVIS

APRIL11, 2024

I, KimA. McCann, Certified Shorthand Reporter in

and for the State of Texas, hereby certify to the

following:

That the witness, CHARLES DAVIS, was duly sworn

by the officerand that the transcript of the oral

deposition is a true record of the testimony given by the

witness;

I furthercertify that pursuant to FRCP Rule

442

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30(f)(1) that the signature of the deponent:

_____ was requested by the deponent ora party

before the completion of the deposition and returned

within 30 days fromdate of receipt of the transcript.

If returned, the attached Changes and Signature Page

contains any changes and the reasons therefor;

___X__ was not requested by the deponent ora

party before the completion of the deposition.

That the amount of time used by each party at the

deposition is as follows:

MS. RICCHIUTO- 7HOURS : 5MINUTES

I furthercertify that Iamneithercounsel for,

related to, noremployed by any of the parties or

attorneys in the action in which this proceeding was

taken.

Further, Iamnot a relative oremployee ofany

attorney of record in this cause, nor do I have a

financial interest in the action.

Certified to by me this 19th day of April, 2024.

KimA. McCann, RMR, CRR, CSR

Texas CSRNo. 5520

Expiration Date: 10/31/2025

Planet Depos Worldwide

451Hungerford Drive

Suite 400

Rockville, MD20850

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