CIVI DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA NO.2019-1226 SECTION:15 DIVISION 66J'' AIITONIO LE MON, A PROFESSIONAL LAW CORPORATION, SUSAN S. BOUDREAU& AND JANE N. PREAU WIFE OR/AND WILLIAM J. PREAU,III, Versus NATIONAL FOOTBALL LEAGUE, ROGER GOODELL,IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE NATIONAL FOOTBALL LEAGUE, NFL PROPERTIES LLC, AS SUCCESSOR-IN-INTEREST TO NFL PROPERTIES,INC. FLED: DEPUTY CLNRK DEFENDANTS' MOTION FOR A PROTECTIVE ORDER NOW INTO COURT, through undersigned counsel, come Defendants, National Football League, Roger Goodell, Commissioner of the National Football League, NFL properties LLC, Patrick O. Turner, Jr., Gary P. Cavaletto, and William J. Vinovich, III's (collectively, "Defendants"), who move for a protective order pursuant to t ouisiana Code of Civil procedure Article 1426 regarding the location and means of taking the depositions of Goodell, Turner, Cavaletto, and Vinovich, requiring that those depositions occur either in New York and California or by telephonic or other electronic means, all for the reasons more fully set forth in Defendants' Mernorandum in Support of this Motion for a Protective Order. Respectfu lly submitted, Gladstone N. Jones, (La. Bar No.22221) H.S. Bartlett III (La. Bar No. 26795) Lynn E. Swanson (La. Bar No. 22650) Peter N. Freiberg (La. Bar No.22912) Jones, Swanson, Huddell & Garrison,L.L.C. 601 Poydras Street, Suite 2655 New Orleans, Louisian a 7 0130 (s04) s23-2s00 (504) 523 -2508 (facsimile) Attorneys for Defendants 1 CERTIFICATE OF SERVICE I hereby certifu that atrue copy of the above Motion for a Protective Order was served on counsel of record, as follows, by email transmission on August Antonio Le Mon 512 East Boston Street Covington,LA 70433 llemonlawyer@aol.com 2 7_, 2019: CIVI DISTRICT COURT FOR TI{E PARISH OF ORLEANS STATE OF LOUISIANA NO.2019-1226 DIVISION (J'' SECTION:15 ANTONIO LE MON, A PROFESSIONAL LAW CORPORATION, SUSAN S. BOUDREAUX, AND JANE N. PREAU WIFE OR/AIID WILLIAM J. PREAU, III, Versus NATIONAL FOOTBALL LEAGUE, ROGER GOODELL,IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE NATIONAL F'OOTBALL LEAGUE, NFL PROPERTIES LLC, AS SUCCESSOR-IN.INTEREST TO NFL PROPERTIES,INC. FLED: DEPUTY CLERK RULE TO SHOW CAUSE Considering the Motion for a Protective Order filed by Defendants National Football League, Roger Goodell, Commissioner of the National Football League, NFL Properties LLC, Patrick O. Turner, Jr., Gary P. Cavaletto, and William J. Vinovich, III's pursuant to Louisiana Code of Civil Procedure Article 1426, IT IS ORDERED that Plaintiffs appear and show cause why the Motion for Protective Order filed by National Football League, Roger Goodell, Commissioner of the National Football League, NFL Properties LLC, Patrick O. Turner, Jr., Gary P. Cavaletto, and William J. Vinovich, III should not be granted on the 22"d day of August, 2019 at3:00 p.m. THUS DONE AND SIGNED this _ day of 2019, New Orleans, Louisiana. JUDGE PLEASE SERVE: Plaintiffs, through their Counsel of Record: Antonio Le Mon 512 East Boston Street Covington,LA 70433 llemonlawyer@aol.com CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA NO.2019-1226 SECTION:15 DIYISION "J' ANTONIO LE MON, A PROFESSIONAL LAW CORPORATION; SUSAN S. BOUDREAUX; AND JANE N. PREAU WIFE OF/AND WILLIAM J. PREAU,IIL Versus NATIONAL FOOTBALL LEAGUE; ROGER GOODELL' IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE NATIONAL FOOTBALL LEAGUE; and NFL PROPERTIES LLCO AS SUCCESSOR-IN.INTEREST TO NFL PROPERTIES,INC. FILED DEPUTY CLERK MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION FOR A PROTECTIVE ORDER Defendants, National Football League ("NFL"); Roger Goodell, Commissioner of the NFL ("Goodell"); NFL Properties LLC, Successor-in-Interest to NFL Properties, Inc. ("NFL Properties"), Patrick O. Tumer, Jr. ("Turner"), Gary P. Cavaletto ("Cavaletto"), and William J. Vinovich, III ("Vinovich"), respectfully submit this Mernorandum in Support of their Motion for a Protective Order regarding the location and means of taking the depositions of Goodell, Tumer, Cavaletto, and Vinovich. At the status conference on July 29, 2}lg,Defendants expressed their objections to Goodell, Turner, Cavaletto, and Vinovich having to appear in New Orleans for their depositions. While the Court expressed its initial view that the depositions should take place in New Orleans, the Court also allowed Defendants the opportunity to formally move to conduct the depositions elsewhere. By this motion, Defendants seek an order of the Court requiring Plaintiffs to complete all lessintrusive means of discovery first, and that, once that discovery is completed, the requested depositions occur either in New York and California or by telephonic or other electronic means. Such an order is necessitated by the provisions of Code of Civil Procedure article 1426 and, by Louisiana's courts' application of those provisions to attempts to compel the in-state depositions of out-of-state parties. Code of Civil Procedure article 1426 provides that, for good cause shown, the court "may make any order which justice requires to protect aparty or person from annoyance, emba:rassment, oppression, or undue burden or expense," including an order that the discovery not be had. It is well established that trial courts in Louisiana have broad discretion when regulating pre-trial discovery. Moakv. Illinois Central R.R. Co.,631 So.2d401,406(La.1994). Amotionforaprotectiveorder may be made "by aparty or by the person from whom discovery is sought," La. C.C.P. art. 1426(A). There are three subsections of article 1426(A) that apply here: (1) (2) (3) That the discoverynotbe had. That the discovery may be had only on specified terms and conditions, including a designation of the time or place. That the discovery may be had only by a method of discovery other than that selected by the party seeking discovery. La. C.C.P. art.l426(AXl), (2) and (3). None of the Defendants who Plaintiffs seek to depose in New Orleans live or work in New Orleans or the State of Louisiana. Goodell resides and works in New York; Turner, Cavaletto, and Vinovich reside and work in California. None has contacts with the State of Louisiana other than, with respect to Goodell, serving as the Commissioner of the NFL (which is headquartered in New York, New York), one mernber of which is the New Orleans Saints, and, with respect to Turner and Cavaletto and Vinovich, officiating games around the country, occasionally traveling to Louisiana when assigned by the League to do so. Appearance by a non-resident defendant in Louisiana for deposition is not mandatory, but rather should be imposed only in limited situations: "[A] nonresident defendant can, under some circumstances, be forced to travel to Louisiana in order to submit to a deposition." In re Medical Review Panel of Hughes,200l-2313 (La. App. 4 Ct.ll23l02),807 So. 2d 1074,1076 (emphasis added). Plaintiffs here have made no attempt to make the necessary showing to establish that instate depositions of out-of-state parties Goodell, Tumer, Cavaletto, and Vinovich are warranted. The same factors that go into deciding whether a nonresident plaintiff can be forced to appear for deposition in Louisiana apply to nonresident defendants, namely: (i) the cost involved in travel to Louisiana, (ii) the complexity of the case, (iii) the potential recovery, and (iv) whether any other discovery methods have been attempted. Id.l Before analyzingthe four factors, Defendants note two points. First, as parties-defendants, they did not invoke the jurisdiction of the Court. Second, as very recently set forth in the decision of United States District Court Judge Susie Morganin Ryan, et al. v. National Football League, et al.,Docket No. 2:19-cv-01811-SM-DMD,2019WL3430259 (E.D. La.713012019), the merits of I The First Circuit recently questioned the proposition that a nonresident party can be compelled to appear fordepositioninLouisiana.seeHenryv.Norman,20Is-0697 (La.App. 1Cir.10ll7l18),2018Wf SOgilgZ ("This court questions whether the jurisprudence of the Fourth Circuit correctly interpreted the provision of the Louisiana Code of Civil Procedure governing depositions, specifically directed to ordering an appearance of a non-resident defendant."). 2 Plaintiffs' case are seriously in question and less intrusive discovery should proceed before the depositions of four out-of-state defendants, including the NFL's chief executive, are even considered. In Ryan-also brought by Saints fans disappointed with the outcome of the January 20,2019 NFC Championship Game-the court dismissed, with prejudice, for failure to state a claim the plaintiffs' causes of action against the NFL, Goodell, NFL Properties, Turner, Cavaletto, and Vinovich for dekimental reliance, negligent and/or intentional misrepresentation, breach of fiduciary duty, and conspiracy and solidary liability, the allegations and elements of which correspond to the same theories of recovery advanced in this case. Application of the four factors outlined in Hughes shows that if Defendants' depositions are to be taken, those depositions should only take place where they reside or work: (i) The Cost to Travel to New Orleans: Each of the proposed deponents would be required to incur the expense to fly from New York or Califomia to New Orleans, and for ground transportation, lodgin g, andmeals while in New Orleans. While this factor does not require a "means test" to determine financial ability to pay such costs or to compare that against the means of the Plaintiff to travel to the location of the deponents, it is worth noting that Turner, Cavaletto, and Vinovich, all of whom are NFL game officials, are employed on a part-time basis by the League, and all have other professions on which they rely for compensation, the intemrption of which would be magnified by the travel time required to come to Mr. Le Mon's chosen location. By contrast, the cost to Mr. Le Mon would be less: instead of four people incurring travel costs to New Orleans, Mr. Le Mon could conceivably only incur two sets of travel costs----once to New York and, if he is willing to coordinate the deposition schedule for a time when all three referee deponents are available, once to Califomia. Mr. Le Mon complained to this Court at the May 30, 2019 heaing that the expenses of this discovery would be great because he would be donatin g atry recovery, including of attorneys' fees, to charity; but that is his choice, not an inherent barrier to his ability to bear the costs of the depositions that he seeks. (ir) The Complexity of the Case: Despite the voluminous pages filed by Plaintiffs in numerous repetitive pleadings and briefs in this mattet, this case is very simple. This suit arises from one play in one football game, the events of which lasted a matter of seconds. While Plaintiffs derive from the failure of the officials to call a penalty on that play a conspiracy to defraud them of their wish to see the Saints compete in the Super Bowl, the lack of any particulaized factual allegations on which plaintiffs base those J claims do not justifu requiring multiple witnesses to kavel here from both coasts, where less inkusive and burdensome discovery would be sufficient to address Plaintiffs' claims. (iii) The Potential Recovery: The potential recovery to Plaintiffs is minimal, at best. While they ask for damages, they have pled in their Petition that they will not use any recovery to remedy their alleged injuries but instead direct any recovery of monetary damages or attorney's fees go to charity. They ask for an "apology'' from the NFL, which is undoubtedly not something that aperson can sue for because an apology is non-pecuniary and non-economic and therefore not compensable in court. See, e.g., Mendy v. Bryant,2017-964 (La. App. I Cir.212112018), 2018 WL 1007341,*4.2 And,they ask for the NFL to conduct "an investigation," but clearly lack any ability to compel the NFL to take such action.3 See Badeaux v. NFL, et a1.,358 F. Supp. 3d 562 (E.D. La. 20lg) (rejecting the plaintiffs, attempt to compel, by way of a writ of mandamus, the NFL to administer the NFL rules in a particular fashion, finding that the plaintiffs were not within the class of persons who could compel the NFL to do so). Plaintiffs have no cognizable claim to force an apology or to require the NFL to conduct an investigation, and have disclaimed money damages by alleging that any recovery will be donated to charity. At the end of the day, therefore, Plaintiffs stand to receive no remedy for their alleged damages. Forcing out-of-state Defendants to incur the expense of traveling to and 2 Seealso Kitchenv. EssexCty. Corr. Facility,20l2wLIgg4505,at *4 (D. N. J.5/31/2012) (,.Theremedy of 'apology,' however, is not cognizable, either within the meaning of a 142 U.S.C. ]$ l9S3 action o1" u, u general legal remedy a court has the power to order, under any provisiort"); Woiiruff v. Ohman, 29 F. lhat App'x 337,346 (6th Cir. 2002) ("Here, the district court exceeded its equitable power when it ordered [the defendantl to apologize. As the Ninth Circuit noted when faced with a simiiar situation,[w]e are-not commissioned to run around getting apologies.' ... Neither the district court nor [the plaintiffl cites to any authority, and we have found none, that would permit a court to order a defendanito speak in a manner that may well contravene the beliefs the defendant holds."); Rumbles v. Hill,182 F.3d nA+, rcAA-67 (9th Cir. 1999) ("The district court correctly held that it had no power to ... compel aparty to apologize,'). 3 Despite not having asked for any mandamus relief in his Petition for Damages, his First Supplemental and Amending Petition for Damages or his Second Supplemental and Amending Petition for Damages, Mr. Le Mon's motivations for bringing this suit were laid bare at a press conference h" gu.r" on July 22,r1lg,where he stated: We also believe that because the NFL and because Mr. Goodell failed to apologize to the New Orleans fan base and to the Saints organization as a whole, apparently have not taken any-have not given any reparation to the team at all that I've seen and have not taken any steps, corrective steps to either discipline these officials or to take other corrective steps that would ensure this will not happen again, that there's been a lack of accogntability. And their organization is suchthat it's behind closed curtains and there's no there,s nothing really revealed about what they do internally, but I think there needs to be some public attention to-to taking steps to discipline the NFL officials to the extent that they need to be disciplined_and any other bad apples in the NFL, whatever the disciplinary matter is, that there needs to be a cleaning up of the bad apples in the NFL. (Exhibit A). As a spectator and fan, Mr. Le Mon does not have any standing or right to compel the NFL to do any of these things. 4 staying in hotels in New Orleans in connection with Plaintiffs' quixotic quest is inequitable and demonstrates that the depositions, if they are to proceed at all, should be conducted where the witnesses reside or work. (iv) whether Any other Discovery Methods Have Been Attempted: Plaintiffs have already served a whole host of other discovery:32 interrogatories each to the NFL, Goodell, and to NFL Properties, which number is multiplied drastically when the sub-parts of those interrogatories are tallied; 35 requests for production of documents each to the NFL, Goodell, and to NFL Properties;27 requests for admission of fact each to the NFL, Goodell, and to NFL Properties; 27 interrogatories to each of Turner, Cavaletto, and Vinovich, many of which include numerous unrelated sub-parts; 39 requests for production of documents to each of Turner, Cavaletto, and Vinovich; 25 requests for admission of fact to each of Turner, Cavaletto, and Vinovich; and a request to each of Turner, Cavaletto, and Vinovich for a Health Insurance Portability and Accountability Act of 1996 (HIPAA) release of their medical records. plaintiffs also have indicated in correspondence to Defendants' counsel that they will seek the depositions of eleven total entities and individuals; and have issued a subpoena duces tecum to a third party (New Orleans Louisiana Saints, LLC).4 Plaintiffs' own extensive discovery efforts clearly evidence that they can obtain the information they seek before and without resort to any depositions. The Plaintiffs should be required to do so before seeking to compel out of state parties to expend resources to travel across the country from their places of residence and work to be deposed at a location desired by Mr. Le Mon. Furthermore, Plaintiffs have available to thern the opportunity to serve written deposition questions pursuant to Code of Civil Procedure article 1448, which is certainly a less burdensome means of having these parties be compelled to travel from out of state to New Orleans. And, telephone and Skype depositions are expresslyprovided for under the Code of Civil procedure. La. C.C.P. afi. 1436.I ("If agreed upon by every party to a suit or if ,See ordered by the court, a deposition may be taken by telephone or other remote electronic means."). There are multiple lessburdensome means for Mr. Le Mon to take these depositions, other than requiring the deponents to a One item Plaintiffs seek from the Saints is the "full name, address, contact information, and Section, Row and Seat/Box/Suite Nurnber of the Mercedes-Benz Superdome of all individuals who purchased tickets for the 2018 season of the New Orleans Saints and all those individuals who purchased ti&ets for the National Football Conference ("NFC") Championship Game on 20 January 2019,- iemonstrating how overbroad and unreasonable Plaintiffs' discovery demands are. 5 travel to New Orleans.s These alternatives of course would mitigate, if not entirely remove, any financial argument that Mr. Le Mon might make for why he should not travel to New york or California. Independently of the Hughes factors, this court should not order the depositions to take place in New Orleans in light of the numerous threats to the physical safety of the deponents. As shown in the Affidavits submitted in support of this Motion, Goodell and the game officials have received death threats, by both direct contact and social media postings, one of which posts a bounty on Vinovich and the other game officials.6 Immediately after the NFC Championship game, due to threats to the game officials' safety, the NFL had the game officials change hotels for the evening of the gatrte, stationed armed security personnel throughout the new hotel, and had the game officials accompanied by armed security to the airport the next day.7 Afterwards, Vinovich (and his son) received numerous calls to their offices in which they were threatened with death.s Cavaletto received hundreds of threatening voicemails and text messages, including ones that referenced his wife, children, and mother by name; and had an incident of an irate fan pounding on his neighbor's door asking to see him.e People have taken to social media to threaten the physical safety of the proposed deponents, including death threats. This is what has been directed to them: "@nflcommish Don't ever think about stepping foot in the state of Louisiana. Because we will kill you. WILL KILL YOIJ.,' "I want to fexpletive] ICLL BILL VINOVICH" "Bill vinovich. That's the name. Murder him and you get 5,000 dollars. Find the other ones and get 1,000 dollars extra for each one" "fExpletive] need to find one of Roger Goodell lexpletivesl family members and hold til he give us a lexpletivel rematch.', em hostage "Boutta just take one for the team and go kill Roger Goodell and the REFS from the game fexpletive] it." 5 Specifically as to Goodell, when a party seeks the deposition of a high-level executive (a so-called ,.apex deposition"), courts have "observed that such discovery creates a tremendous potential for abuse or harassment'" Courts have discretion to limit discovery where the discovery sought'..can be obtained from some other source that is more convenient, less burdensome, or less explnsivJ.', Appte Inc. v. Samsung Electronics Co', Ltd.,282 F.R.D. 259, 262-263 (N.D. CaL 2012) (citations omittea). Courts routinefi recognize that it may be appropriate to limit or preclude depositions of high-ranking officials because .,highi]level executives are vulnerable to numerous, repetitive, Larassing, and abusive iepositions, and therefore need some measure of protection from the courts." See Sher v. Raytheon Co., No. g:0g-CV-ggg-T-33AEp, 2010 wL 11507786, at *1 (M.D. Fla. Mar. 10, 2010) (quoting In re Mentor Corp. obtape Transobturator sling Prods. Liab. Litig., No. 4:08-MD-2004(CDL), 2009 wr qlzozzl at * I (M'.D. Ga. Dec. I , 2009) ). , 6,See Affidavit of Robert Alder (Aug. 6,2olg),attached as Exhibit B. 7 Id. 8 e ^lee ^lee Affidavit of william vinovich (Aug. 6, 2}rg),attached as Exhibit c. Affidavit of Gary cavaletto (Aug 6, z}lg\,attached as Exhibit D. 6 The game officials attest that they have never before received these types of threatening communications or been subjected to increased security precautions of the kind that followed the NFC Championship game.lo These are very direct statements, and regardless of the actual threat posed by these particular comments, given the fervor surrounding the Saints' loss and the very public nature of these proceedings, as outlined below, we ask the Court to consider the prospect of harassment, intimidation, renewed threats, or fomented violence against these individuals that could result from an order compelling them to appear for depositions in New Orleans. Such an order would require the deponents to incur additional expenses for security details to help protect themselves. These individuals should not be compelled to appear in a locale where they have been subject to threats to their life, particularly in light of Plaintiffs' failure to make any showing under the Hughes factors and the availability of alternate, less burdensome ways to conduct such discovery. Indeed, it has already been widely publicized that the depositions have been scheduled to take place in New Orleans. For example: New Orleans Advocate J;uly 29,2019: "Orleans Parish Civil District Court Judge Nicole Sheppard scheduled the depositions for Goodell and the refs during a Monday status conference. The judge also said the depositions should take placJin New Orleans." (Exhibit E) WWL TV July 29,2019: "Attorney Antonio LeMon, who filed a lawsuit over the game that advanced the Rams to the Super Bowl, said he and league attorneys will pick a mutually agreeable date for depositions in New Orleans b-arring anyi"ugrr" appeals that might delay or cancel the questioning.,, (Exhibit F) Los Angeles Times July 30, 2019: "Attorney Antonio LeMon, who filed a lawsuit over the game that advanced the Rams to the Super Bowl, said he and league attorneys will pick a mutually agreeable date for depositions in New Orleans barring any league appeals that might delay or cancel the questioning.', (Exhibit G) CBS News July 30, 2019: "Attorney Antonio LeMon, who filed a lawsuit over the game that advanced the Rams to the Super Bowl, said he and league attomeys will pick a mutually agreeable date for depositions on New Orleans b-arring urryi"ug,r" appeals that might delay or cancel the questioning." (Exhibit H) ESPN July 29,2019: o'During a Monday status conference, Orleans parish Civil District Court Judge Nicole Sheppard scheduled the depositions and said they would take place in New Orleans.,'(Exhibit I). 10 ,See Affidavits of Vinovich and Cavaletto 7 Much of the publicity surrounding the prospect of these individuals being deposed in New Orleans comes from Mr. Le Mon himself. His public announcements that the referees are scheduled to be in New Orleans to testifu heightens the officials' very reasonable concerns of safety.ll Article 1426 specifically allows the Court to enter a protective order to prevent a party from annoyance, embarrassment, or oppression. The deponents should not have to run the risk of being threatened or intimidated by individuals in New Orleans who are still upset with the Saints' loss the 2019 NFC Championship game. The fervor of such individuals may very well intensify deponents are required to appear in New Orleans pursuant to the desire if in the of an attomey who is simultaneously appealing to the public via social media to physically show up and "DEMANDI] WHO DAT JUSTICE," and which exposes them not only to harassment and annoyance, but potentially to physical harm. For these reasons, as well as for the failure of Plaintiffs to make any showing under the Hughes factors-the expense of the travel and security costs to be imposed, the simplicity of the issues involved, the failure to engage first in alternative means of discovery to narow and streamline the deposition testimony, the failure to explore alternative and less burdensome means to conduct the depositions, and the disclaimer by Plaintiffs of the use of any recovery to redress their injuries-Defendants respectfully request that depositions a protective order be granted with regard to the of Goodell, Turner, Cavaletto, and Vinovich, ordering: (l) that other means of discovery be completed first such that the scope of the depositions may be appropriately focused and streamlined; and (2) that the depositions then be scheduled to occur in New york and in Califomia, or, alternatively, that they be ordered to occur by telephonic or other electronic means. 11 Mr. Le Mon has previously encouraged people to come out and support his cause against the NFL. ln a Facebook posting in early March of 2019, Mr. Le Mon wrote about the proceedings and the date that the Court scheduled a hearing, concluding as follows: ' We are asking that we have a COURTROOM FULL OF WHO DAT SUPPORTERS at the hearing on April 16th at 10:30 AM. We want to show Judge Shepard that we can be respectful to her Court & the NFL lawyers but that by our numbers thut we will NEVER FORGET and that wE WANT rusrICE!! If you have SAINTS BLACK & coLD running thru your veins & can be there in your BLACK & GOLD, we not only want you there but we NEED YOU IN THAT COITRTROOM: Civil District Court 421Loyola Avenue 4th Floor Division "J" Orleans,LA70lI2 This may be your one & only New chance to show your support for DEMANDING .,WHO DAT" ruSTICE' PLEASE BE THERE! The NFL & Commissioner Goodell owe reparation to us. ENOUGH! ! (Exhibit J, emphasis in the original). 8 Respectfully submitted, O*Yat{* Gladstone N. Jones, III Bar No. 22221) H.S. Bartlett III (La. Bar No. 26795) Lynn E. Swanson (La. Bar No. 22650) Peter N. Freiberg (La. Bar No.22912) Jones, Swanson, Huddell & Garrison, L.L.C. 601 Poydras Street, Suite 2655 New Orleans, Louisiana 7 0130 (s04) s23-2s00 (504) 523 -2508 (facsimile) Afforneys for Defendants CERTIFICATE OF'S I CE hereby certify that a true copy of the above Memorandum in Support of Defendants' Motion for a Protective Order was served on counsel of record, as follows, by email transmission on August 7,2019: Antonio Le Mon 512 East Boston Street Covington, LA70433 llemonlawyer@aol.com 9 Transcript of the Testimony of PRESS CONFERENCE July 22,20L9 Amerson Wh t COURT REPORTING & LITIGATION SUPPORT P.O. Box 1554. Hammond. Louisiana 70404 (Toll Free) 866.870,7233. 985.542.8585 . (Fax) 985.419.0799 office@a mersonwhite.com . www.a mersonwh ite.com EXHIBIT A @ TAPE TRANSCRIPTION OF PRESS CONFERENCE REGARD]NG NFL LAV{SUIT REPORTED BY:CHERIEI E. WHTTE ccR (LA) , CSR (TX) , CSR CERTIF]ED COURT REPORTER Amerson White trETI&T BEFORT.III€ & LITItrATION EUFF{1RT 66d.&I&.?23$ F-S 8# IS$4 Flqrn'rrani r,A ?StS4 Fs*Rs5.41s.S?*c (MS ) , RPR PRESS CONFERENCE, 7 /22/2019 2 PRESS CONFERENCE 1 2 3 4 tr 6 1 B 9 10 11 72 13 I4 15 I6 T1 1B t_9 20 2I 22 23 24 25 MR. LeMON: First, I want to thank everybody for coming in t.hi s af ternoon . I want to thank you know, because all things God for flow through him and this has been an incredible morning with this rulinq by Judge Shepard to allow the NFL, the case against the NFL by the four tj-cket holders to go forward. So we are very fortunate to have this opportunity to put on the case and to do discovery in the case, whichr ds you know, will include the depositions of Roger Goodell and the three NFL officials, who they are photographed which appear to be looking directly at the play that t s taking place. First of all, after you know, of course, I want to thank God because I think it's very important. AlI things f low t.hrough him. And then I want to plaintiffs thank the other complaints in this NFL lawsuit who had the fortitude Amerson White COURT REF$ET.IiIG A LITIE,ATi{iI{ SUPPBRT 66S.8]$.?1S$ n$6cn lS54 Fbnnreret {A mir$A r.cr9&t.41*-0rq9 s PRESS CONFERENCE, 7 I22I2OI9 3 1 ) 3 4 5 6 1 B 9 10 11 72 13 I4 15 15 !'7 18 19 20 2T 22 23 24 25 and courage to step up and take on the NFL. And to my left, I have Mary Grace Knapp and I have Sue Boudreaux. We are all from the New Orleans area. You know, we have lived j-n New Orleans a very long time, been long time season ticket holders or attendees of games, and and, you know sor you know, it was great to have the support of these three individuals. I also want to thank Judge Shepard because you know, she was thorough she had the in what she did. She was patient, she took her t j-me, and she wrote a very detailed opinion relating to the denial of the NFL I s cl-aim to dismiss the case and the the ruling to compel discovery. And we do have a great deal of discovery and it needs to be doner so I do want to thank her for that and for all the courtesies that she's extended to to to me and to the NFL attorneys who have been participatJ-ng. And then I want to address a couple of things here. First of all, there's been a misconception in some people's mind Arnerscn White Cgi'RT ftEFDFT!.T{€ A LIT'€,JdTIOH gUPPERT 8s4i.iils"?t*1 n&Es l5s4 h4rnmard iA 7n404 Fs9*s.419.S?*9 s PRESS CONFERENCE, 7 I22I2OI9 Page 4 1 2 3 4 5 6 1 I 9 10 11 72 13 74 15 16 I'7 1B I9 20 2L 22 23 24 25 about what the purpose is of this l-awsuit. It has nothing to do really with damages, although we have to make a claim for damages for the case to go forwardr so we have stipulated in the record that all of these damages and my attorneys I fees will go to local charities in New Orleans, but the real purpose of this lawsuit is to get to the truth, is to to hold the NFL accountable for bad behavior. And we do believe that there is going to be evidence that this is not a case of a missed ca11ed, this is a case of a no call, you know, that there will be ample that evidence that there was an an intent not to call the penalty in this case and that would be contrary to the representations t.he NFL makes in its website and everywhere else relating to the integrity and the uniform enforcement. of the NFL rules by their officials. These officials are employed by the NFL, so we are we are going to now seek to get to the truth of the matter. And, you know, some people say wel1, heck, the s Arnerson COURT REPOgTIt{G E LITI&AT{ON EUtrFORT 6+d.Sr$??ilg F4reaH 1$5a Fhrnmo.E tA ltr{44 $€ t$&5.41s.8?*q PRESS CONFERENCE, 7 122/2019 5 1 2 3 I 5 6 a I 9 10 seasonrs over. The next seasonts beginning. The Saints trainJ-ng camp is a few weeks away. Why are you going forward with this lawsuit? Vf,ellr we will never be made whole againr we will never get total reparation for what happened to the Saints, there won't be no way to go back and replay the Superbowl, but what we can get is we can get answers to our questions that New Orleanlans have and we can get t2 accountability. Without that, what t s to stop the NFL from doing this over and over 13 again. 74 So, as I see it, this has to do with the integrity of the game itself, the integrity of the NFL game, and when you gto to a game believing that the officials will be uniform in their enforcement of the rules . A lot of people say wel-l, this is second guessing the officials. It's not. This is not second guessing the officials. We are not saying that there arentt there arenIt situations where NFL officials mj-ss call-s. That happens and it ' s part of t.he game . What we are t_ 1_ 15 I6 t7 18 19 20 2L 22 23 24 25 Amerson White COil*T REF.SRT.IIi{] & LITIGAT[OPI €UF.FORT *66.SrS-Fm+ Fr3"frc 1&54 rkrnnlcfF 4A ?Dd{4 Strt*e5.4r9-0r** g PRESS CONFERENCE, 7 I22I2OI9 6 1 2 3 4 tr, 6 o 9 10 11 L2 13 74 15 16 \'7 18 19 20 2I 22 23 24 25 saying is that if they do observe an infraction on the field, that they are going to throw a flaq and they are going to enforce it. And in this particular case, you know the circumstances of this case obviously was because that flag didn't get thrownr we believe that there was a significant change in the outcome of the game. And statistically so that it's accurate, what we want. to do is we want to ensure that this never happens in any other NFL game again; there are going to be checks and balances. We also believe that because the NFL and because Mr. Goodell failed to apologi ze to the New Orl-eans f an base and to the Saints organJ-zation as a whole, apparently have not taken any have not given any reparation to the team at. all that f I ve seen and have not taken any steps, corrective steps to either discipline these officials or to take other corrective steps that would ensure this will- not happen again, that there's been a lack of accountability. Arnerson it EQURT REFORT.!Ii€ & LITIGATISH SUFPERT ft6d.670-y2$$ e$-frcd l$S4 H{mmFft, l,A 7D{04 fffl(?&5.41*.{rq* PRESS CONFERENCE, 7 /2212019 7 And their organization is such that 1_ 2 3 4 5 6 1 8 9 10 1t_ I2 13 14 15 I6 1,7 18 19 20 2L 22 23 24 25 it's behind closed curtains and there's no there I s nothing really reveal-ed about what they do internally, but I think there needs to be some public at.tention to to taking steps to discipline the NFL officials to the extent that they need to be disciplined and any other bad apples in the NFL, whatever the disciplinary matter is, that there needs to be a cleaning up of the bad apples in the NFL. I 'm a New Orl-eanian. I was born in New Orleans; and you can see here, I'm kind of a Saints fan. I have an entire room devoted to the New Orleans Saints. My passion for the Saints started when I was throwing newspapers for the Times Picayune and { was cutting lawns so I could get a few bucks and buy a youth ticket to go to the Saints games at Tulane, dt Tulane stadiumr so I'm not only I mean, we all here and I can tell you that Sue and Mary Grace also and my wif e Eli zabeth here r w€ all bl-eed black and gold and we also bleed red. And, I Amerson White CSURT REF$RT,II{€ A LITI€ATIS}I sUFPORT fi66:$i$-lt$$ E{}"gau 1fi64 Hsrnnr*.-6 tA 1ft4f4 FqrE*$.4'l+.rlIFS & PRESS CONFERENCE, 7 122/2019 8 1 2 3 4 5 6 1 a 9 10 1l 1-2 13 14 15 76 l1 1B 19 20 2L 22 23 24 25 mean, what I mean to that, to a standpoint we give our hearts to a is that we have team like the Saints. We are passionate about the Saints. They are part of our culture. And when you take that away from when you create a mortal uSr when you wound like I believe this was a mortal wound that was inflicted on the Saints and you basically rob us of a Superbowl opportunity, there needs to be some accountability taken. And that's the reason that motivated me to file this lawsuit and to turn to Sue Boudreaux and Mary Grace Knapp and ask them with wj_th others to join in and to to file this lawsuit. So the bottom line is that there were "72,000 plus fans sitti-ng there in the dome that that that observed these clear blatant infractions and yet nothing was done about them. And if we are going to stop this from ever happening again, there needs to be answers to our questions which have never been answered. They need to restrict or understand our press in Amerson White CO{JRT REFSRT!ll€ & LlTl{SrdTiOH SUPPERT 86d.S?*.1?3$ F-o"&aqlflSa H{rnmarE tA ?04{4 sqr9&5.41+.S}Fs PRESS CONFERENCE, 7 /22/2019 9 1 2 3 4 tr 6 1 8 9 10 11 L2 13 T4 15 15 press conferences in terms of what we could ask commissioner Goodel-l-. There needs to be an investigation of what happened. There needs to be a determinati-on of who was at fault for this, who was involved in this i-n this, pardon ffier robbery, and there needs to be some accountability and disciplinary action taken by the NFL. V{e are never going to replace what happened to usr but at least we can at l-east we have the opportunity to gain an investigation, 9et information and fact.s about what happened and accountabili-t.y, and that I s the purpose of this. Any questions? 71 UNKNOWN SPEAKER: 18 19 Yes. One second. Let me just reset my shot here. 20 FEMALE SPEAKER: 2L 22 z3 24 25 So, Tony, if you could maybe explain a little bit about what the theory of the case is, it has to do with fraud and what the language j- s on the back of the tickets ? Amer$cn White CE{JRT REF'ggTIII€ A LITt&,qTiO!I EUPP{1RT S*d.SfS.i*$$ ES" a€n l$"54 Fiq nrrtrd r,A 104S4 Ffl{965.41s.0?9+ e PRESS CONFERENCE, 7 I22I2OI9 l0 1 2 3 + 5 6 7 I 9 10 11 72 13 I4 15 16 1-"1 18 19 20 2I 22 23 24 25 MR. LeMON: Right. FEMALE SPEAKER: Could you address that. for a second? MR. LeMON: Yeah, I ' d be happy t.o . Okay. So one of the theories we have i-s there is a body of law here in Louisiana, which by the wdy, t.o my knowledge, I have not seen a federal or state law that gives the NFL any kind of immunity from liability, from any type of liability, but what they do have is they have a limitation on the back of their tickets as to what your remedy is if you are not happy with the way something happens after you buy a t.icket. They claim, if you are a ticket holder, here is your li-mited remedy. There is a statute in Louisiana and there is public policy thatrs written by that you cannot in and of an event, you cannot waive that a party of purchaser' s right to bring a claim for fraud or real- practj-ces or gross f ault.. It would be against public policy if you Amerson Wh te CSilRT REPOF,TT'iIG & LITIGATION SUFFERT *sd.,*It].?t3$ Fjr6s ls$4 t"krnrrlsrd i,c t0404 'fq**8s.414.$7s+ PRESS CONFERENCE, 7 /22/2019 ll 1 2 3 4 5 6 'l B 9 10 11 I2 13 74 15 76 I7 18 19 20 2L 22 23 24 25 were able to were able to have me sign a document that sald look, if I can make gross fault on you, you are buying this ticket from me, but if I commit gross fault on you or I commit an intentional act. or I commit fraud upon you, I'm not you canrt hold me responsible. That is the case. The theory of fraud in this case is that, you know, there are a million photographs of this of this pfay and it's clear from many of these photographs that of the play itself that the officials, at least one of them, appear to be looki-ng directly at the play when it happened; and it appears that there was another official just a few feet away as this first one was who also had a very good angle of the infractions, and then there's a backfield judge who appears to be looking at the infractj-on as it's happening. And to prove this, all I really need to do is prove to a jury t.hat one of these officials was 1n a position and did in their mind clearly observe an infraction Amerscn Wh te c${^tRT REFSATT.$€ A LtTt&t4TtOil EUFF6RT $6d.6}*"rt$$ Ffr Ecq l$$a Hcm'n6r'd rA 1fr404 6ryt*.5.4lq.Slts PRESS CONFERENCE, 7 12212019 Page 12 1 2 3 4 5 6 1 I 9 10 11 T2 13 1-4 15 15 77 18 l9 20 2L 22 23 24 25 and then, upon that infraction, did not If thatrs proven, I think t.hrow a flag. the case is proven; but it could even be gross fault or gross negligence. Louisiana law did not let you contract away gross negligence as well; and so if you if you have a situation where these guys were just not paying attention and doing their jobs, then t.heoretically there t s a recovery as well. But the point of this lawsuit is not to get damagesr ds I pointed out. It is to get to the truth of the matter now, and the judge is allowing this now. The judge is allowing us to take the depositj-ons of Roger Goodell and the officials. She's allowing us to do discovery, and that was the primary point of this lawsuit, to get answers and t.<> make the NFL accountable. If Itm able to do that, great . I do expect that the NFL is going to take an appeal of this case or supervisory writ to the First Circuit Court of Appeal; and, if t.hey aren' t successful t.here, to try to go to the Arnerscn White C6IJRT REF$BTITIIE B LITIEATICil EIJtrPDRT *66.1$F"13$.1 nftgs 1ffi4 l"laFFrrrn* LA ?0{S4 sq'(94.5.41*.0799 PRESS CONFERENCE, 7 I22I2OI9 t3 15 Court of Louisiana to try to overturn Judge Shepard's position. I do believe, though, t.hat that decision will probably withhold any attack that is going to be made upon it, and I'm going to ask the NFL one thing: Vilhat's the big deal? Let us have the f act.s. Let us do our investigation. Is it really that difficult for you-all? Do you have to deal with all this legal wrangling back and forth here? Let us let us know what the facts are j-n this case, take discipli-nary actionn apologize to us. You owe us that, and thatrs what I'm asking for and that's not a lot to ask. Thank T6 you. t1 UNKNOWN SPEAKER: 18 At the time of the incident, it was not a reviewabl-e play and the coaches were not allowed to challenge, but they changed the rules in the off season so that now Sean Peyton could have thrown his red flag and they could have reviewed it upstairs by the booth. Do you think that that is sufficient to prevent this from ever 1 2 3 4 5 6 7 U 9 10 11 I2 13 14 1-9 2A 21- 22 23 24 25 Supreme Amersfln EEiJRT REFOF,T $G & LITI6,(TION SUFF6RT S66.Slft.y?$ F's,EaH I{.54 Fkrn'Ttr}1 {A ?b*;a €fliS,*S.4}+.rllf,s PRESS CONFERENCE, 7 /22/2019 t4 I happening again or do you think that more z is necessary? 3 MR. LeMON: 4 5 6 7 I 9 10 11 I2 13 14 15 76 77 1B 19 20 21- 22 23 24 25 I think more is necessary, and f'm going to address a comment you made just now because I think itrs too general of a comment. WeIl, yes, it's true that maybe some of the officials could not review this play when it happened. I believe that the NFL rules and I 've argued this in this case the NFL rules would have allowed the commissioner to have reviewed this play to a stop play when it happened. He could have done it any time during those 15 or 20 minut.es after it happened all the way through to the end of overtime until they allowed the NFL officials to officially decl-are the Los Angeles Rams the winner. He could have stopped, he could have brought the play back, he could have brought it in the time, and he could have given the Saints a first down by the goal lj-ne and that could have remedied this problem. He claims it coul-dn ' t be done, and I disagree. And the ironic Amersiln White FEFOET!tI€ & LIT{&/qTIOH SUtrFgRT gff lS$4 Htrnrff4 1*{ ?Dd8{ f.s{S45.41{.d7*9 CO{JRT S66.S?Bltgi p.6. @ PRESS CONFERENCE, 7 12212019 l5 1 2 3 4 q 6 1 I 9 10 11 12 13 1-4 15 16 I7 18 79 20 21 22 23 24 25 thing is the NFL rules say that he as the commissioner can interpret the rules however he wants, so I find it kind of convenient. for him to say I coul-dntt do anything when he has sole power to interpret the rules. So, but in answer to your question as to what else could have been done, I do think that there are some other corrective measures. When you have four NFL officials on the field that are from the greater Los Angeles area out. of Los seven, thatrs a problem. Thatts a problem for me. There shouldn't have been any officials from the Los Angeles area or great.er Los Angeles area that were officj-ating t.his game. That needs to be addressed and it needs to be fixed. You know, there needs to be mechanisms by which if the commissioner canrt say he can't stop the game, rewrite the rules and make sure that. can can be done or that. therers some kind of procedure to stop the game when there's this type of in j usti-ce and f ix it . Any Amerson it COURT REFARTIIII€ A LITIBATI$N SUPPSRT *S6.S]S"?33$ E* Ead l$64 Harnffian* LA fDiS4 Fq{$8.5.41q.079C PRESS CONFERENCE, 7 122/2019 t6 1 other questions? 2 FEMALE SPEAKER: 5 Al1 of you were there at the game, so maybe you could share a litt,le bit what your reaction was. 6 MS. 3 4 1 I 9 10 11 L2 13 74 15 16 7'r 18 19 20 21- 22 23 24 25 KNAPP: It was absolutely heartbreaking. MR. LeMON: I would like to let Mary Grace talk about what they how what their experience was and my wife Elizabeth here. MS . KNAPP: Well, it was for me looking around at fans, it was such a somber moment. It. was almost as if everyone was in shock; and for ffier the disappointment of people pouring out of the Superdome was tragic. It shouldn't have happened, and I I think whaL's amaz:-nq is that Tony has, througrh his passion for the Saints, taken the time and the energy and taken this matter into court to demand justice and to demand what's right and to seek the truth and help, did an exceptional job arguing t.his case, and I'm just so Amerscn White COTJRT REPBETIT{€ & LITIG,ATION EUF.PNRT sss.s?s.F}3* p,*"eaH1&i4 Frrnrtend LA lF{s{ fiq*cas.4}9.0r*s s PRESS CONFERENCE, 7 I22I2OI9 t7 1 impressed with the results. 2 UNKNOWN SPEAKER: 1 Can you stat.e your name before we before we go onr so I have it on tape, please? MS. KNAPP: Mary Grace Knapp. I UNKNOV{N SPEAKER: 3 4 tr 6 And standard spelling, 9 10 MS. KNAPP: Thatrs it, 11 K-N-A-P-P? 72 yeah. Two words 13 UNKNOWN SPEAKER: the standard spelling, . Okay. 1-4 . 15 MS 16 Well, I'm Sue Boudreaux, with an X, and long time Saints season ticket hol-der since Tulane stadium. I was there when Tom Dempsey kicked his kick, I had one dollarr so season tickets until we moved to the Superdome and then I went. picked out my seats at the Superdome and I I ve had the same seats, even though my husband went back in the bad days, he said we are not renewing them, I said, well, dontt T7 18 1-9 20 2L 22 23 24 25 BOUDREAUX: Arnerson Wh I ta COUITT REPSATI$E A LITIG}AT[SH SUFPERT *s6.81S-??3.1 p&8atr lS54 Hsrnrrrsrd r.A 7${ff4 sq{9$$.41*.0i9+ PRESS CONFERENCE, 7 /2212019 l8 1 2 3 4 5 6 1 I 9 10 11 I2 13 74 15 76 l1 1B I9 20 27 aa LL 23 24 25 renew yours, but I t m renewing mine . Any wdy, I I ve seen a lot . V[e have seen Hail- Marys, Bi9 Bens, w€ have lost by a lot of different ways, but losing the way we lost on a no call was not acceptable. I mean, it wasntt a bad call, it was a no call. And, Iike I said, Irve seen the Saints lose many different ways, but this was a bad way to lose. And like Tony said, accountability. you know, Just tell us why. What was gi-ve us an apology. Maybe that woul-d work. MS. IMPASTATO: The truth. MR. LeMON: V{hat do you think? MS. IMPASTATO: Well, when I was at the game, I I've been a Saints fan haven t been my whole life, but attending the game is still fairly new to me. Like I enjoy watching the dance team and the crowds and the people, but I watched that and l-ooked at that and even I could see that there Amerson White trOTJRT REFONTIIIG & LITI{,1ATION EUFF6RT 66$.$r&"?t$$ Ffl Eer lS54 Flimmend tq ?8d04 $qr+4S.41+.0fq$ s PRESS CONFERENCE. 7 I22I2OI9 Page 19 1 2 was a no call; there was a biq problem. And I turned to Tony with my mouth open, 11 l-ike did you see, did you see that, I canrt believe this. So I think it was really obvious. And, you know, to think how hard the Saints worked., you know, all year. And they are very professional, so they handled the disappointment, but to the fans, you know, they make a lot of sacrifices in order to afford their season tickets, in order to go to the Saints T2 game. 13 20 And I t.hink that Tony has a lot of passion for the Saints and for anyt.hing that he does r so whenever he t.old me what he had planned, I encouraged and supported and I'm proud that he stepped up to the plate because somebody needed to hold them accountable . And I rm Elizabeth Impastato, Tony LeMonts wj-fe. 2L MR. LeMON: 22 And, you know, I agree with her that, you know, the NFL, you know, they didn't just take this away from the fans, they took it away from the Saints 3 4 tr 6 1 I 9 10 74 15 15 ]-'7 18 19 23 24 25 Amerson White CQURT REF,6RTII{€ & LITI€,{TIOH BUFPORT e6d.$l*"F*11 F-* Es I*64 i"l€rnrIrr'l tA rod{d r..a*s&5-41{.0?** F PRESS CONFERENCE, 7 I22I2OI9 20 1 2 3 4 q 6 1 I 9 10 11 12 13 74 15 16 organization, from the coaches, from the players , f rom t.he support staf f , and the owner of the team. And, you know, Ms. Gayle Benson has a lot of class and, of course she's not going to, you know, get into a wrangle with the NFL and nor would any of the other individuals that are affiliated with the organization because they have careers to worry about. But we fansr we can step up and we did; and we are going to step up and we are going to get these depositions taken and we are goj-ng to fight the fiqht until we get answers, until we get the truth, unt.il we get some accountability. *** 77 18 19 20 2I 22 23 24 25 Amerscn White CSi.l*T TTEFSFTII{TS & LIT'€ATION gUFPORT *6d.6r0.723$ Ffi.fi#1S$4 Hqrnmard r"* 7S,tS4 #fl{+4$.41s"0?*$ s PRESS CONFERENCE, 7 I22I2OI9 2t 1 2 3 4 tr J 6 1 8 9 10 11 T2 13 I4 15 I6 t1 18 19 REPORTER I S PAGE I I CHERIE' E. WHITE, Certified Court Reporter, in and for the State of Louisiana, the officerr ds defined in Rule 28 of the Federal Rul-es of Civil Procedure and/or Article 1434(B) of the Louisiana Code of Civil Procedure, before whom this sworn testimony was transcri-bed, do hereby state on the record; That due to the interaction in the spontaneous discourse of this proceedirg, dashes (--) have been used to indicate pauses, changes in thought, and/or talkovers; that same is the proper method for the court reporter' s t.ranscription of a proceedirg, and that dashes (--) do not. indicate that words or phrases have been left out of this transcript.; also, that any words and,/or names which coul-d not be verified through reference material have been denoted with the phrase " (spel1ed phonet.ically) . " 2A 2t 24 CHERIE' E. WHITE, CCR(LA NO. 96002) csR (TX NO 1,07 20) csR (Ms No. 1514 ) 25 RPR (NATTONAL NO. 839452) 22 23 Arnerson White CAURT EEPOFT' {€ & [.IT'GATIOH gUPPORT 8$d.8?S,lt$$ EftS# lg64 Ftrnmsrr: tA ?04S4 SqrPSS.4lS.0l+$ e PRESS CONFERENCE, 7 /22/2019 22 REPORTER' 1 S CERTIFICATE 2 3 4 tr 6 1 I 9 10 11 I2 13 I4 15 16 I7 This certifj-cation is valid only for a transcript. accompanied by my original signature and orj-ginal seal on this page. I I CHERIE I E. WHITE, Certified Court Reporter, in and for the State of Louj-siana, do hereby certify that this transcription of a Press Conference/ as hereinbefore set forth in the foregoing 22 pages; that this testimony was reported by me in the stenotl4>e reporting method, was prepared and transcribed by me or under my personal direction and supervision, and is a true and correct transcript to the best of my ability and understanding; that I am not related to counsel or the parti-es herein, nor am I otherwise interested in the outcome of this matter. 18 19 22 . VIHrTE, CCR (LA NO. 96002) csR (rx No. 7012a) csR (MS NO. 1514 ) 23 RPR (NATTONAL NO. 839452) 20 2t CHERIE ' E 24 25 Amerson ESUR.T REFAE'TIhIG & I.ITIBATION sUFFORT &6$.8r*.?t*$ RO aas lSSe HsrIlrrlrnd lA 70,fii4 stl{9&9.41s-0r'?s STATE OF NEW YORK ) ) COUNTY OF NEW YORK ss.: ) AFFIDAVIT OF ROFERT ALDER Robert Alder, being duly sworn, deposes and states under oath as follows: l. I am the Director of Investigations and Security Services for the Southem Region of the National Football lrague. I have held this position for over two years. In my capacityas Director of Investigationsand SecurityServices, I am responsibleforoverseeing security-related issues for the Southern Region of the National Football League, which region includes Louisiana, and atso for monitoring investigations in the Southern Region. If called to testify in this matter, I could and would testify competently and truthfully to the matters set forth in rhis Affidavit. 2. Immediately after the January 2A,2019 NFC Championship Game in New Orleans, Louisiana, we recognized that the game officials who officiated the game were porenrially in danger from upset fans. Just after the game ended, rve bussed them to the hotel where they were staying to pick up their belongings, so they could be moved to a different hotel in Metairie that was not associated with the National Football league. We stationed six security guards and a Jefferson Parish Sheriff's Deputy working a detail at the hotel throughout rhat night in order to protect the game officials. 3. The National Football League contracts with a third-party to monitor social mediasites for threats against National Football League employees. The third-party vendor, WorldAware, monitors social media sites and then alens the National Football League of social media postings that are considered to be threatening to the National Football 4. kague and its employees. Following the NFC Championship 6ame, WorldAware alerted us ro numerous social media postings that contained threats against the Commissioner of the National Football lrague, Roger Goodell, and some of the game officials that officiated the game. The 1 EXHIBIT i^ o o 0o B threatening postings that we received from WorldAware are attached hereto as Exhibits I through 5. The identities of the people (including photographs of those persons and their other identifying information) who made these posts has been redacted finm the Exhibits, but unredacted versionsof the postings are available 4. if the Court requests them. The postings state: "@nflcommish Don't ever think about stepping foot in the state of Louisiana. will kill you. WILL KILL YOU." Because we "l want to [expletive] KILL BILL VINOVICH" "Bill vinovich. That's the name. Murder him and you get 5,000 dollars. Find the other ones and get 1,000 dollars extra for each onen' "[ExpletiveJ need to find one of Roger Goodell [expletives] family members and hold til he give us a [expletivel rematch." em hostage "Boutm just take one for the team and go kill Roger Goodell and the REFS from the game [expletive] it." Further Affiant sayeth not. Robert Alder SWORN TO,AND SUBSCRIBED BEFORE METHTStsd pAY oF AUGUST, zotg. Y PUBLIC JHANNETTETHOMPSON Notarv- Pubtic, State ol NewYork No.01TH6138240 QualifledinBrouCountY a I Commission ExPltss Dec. 19' 20 6'! = c Robert lntel < intel@worldaware.com From: Sent: To: Subiect: tu qfU lncident > Thursday, January 31, 2019 12:49 PM Lanier, Cathy; Burrus, David; McCain, David; Miller, Janelle; Carpenter, Jordan; Bandy, Lenny; Alder, Robert Langenstein, Bitly; Gummer, Robert;Joseph Grassia NFL lncident Report - Threat Against Roger Goodell - New Orleans, LA NFL tncident Report ffi: severe Security: Disgruntled Saints lan posts that he will kill Gommissioner Goodell il he comes to Louisiana, This lncident Report affects: Roger Goodell Location: New Orleans, Louisiana Summary: Earlythiimorning, Twitter uset @J, a disgruntled Saints fan, posted,'€nflcommish Don,teverthink about steppinE foot in the sate of Louisiana. Because we will kill r YOU," The post has since been deleted by lhe user or removed by Twitter. The user's identity Phone: {504) Of New Orleans, LA. e possibte Addresses: New orleans, m I -1, i? 1l lfl {{ -,Neworteans,r-ef A (r',1[','., i I I I t t Sosrce: BahelStreet 1;;a, i'i Social Media Paqes Facebook: Tw$tter: Regards, Beau Gordon lntelligence Analyst, Managed Risk Services T: 01 -667-401-1217 sprdon-b*€wq,rldaEare"com www.wodelaware.com iJET&, red24 are now Lt6rldAv*rare. Operate Globolly wlth Conftdence Arrnap+lis. Lond*n. Cape Town. Singapore ; ffiGl CONFISE$iT}ALITY & PRIVACY I'IOTICE ii-,Cividual orent;ty-towh;ctril!saddresaed. lfycu;renciihe'i'ilendeci recip;ent,cr;tappeststhaiiiritrness3gehasbeaniorwardedio'lol, rnessa€,e, aii copias and anY etiachfienis irorn youl;ecords aiid adlise the sendei by l,sithc'iiFropei i-eply e-:nail, $Fifiions, i€nclusions ar.d ath€r infoirnatiafi in this ftessage lh6t do nst ie{:tE ts the officiai bu:ine:s ef Warfigvra;* shail be uideistc€d to be neiiher given n+r *''idorsgd by \{cridAware. !soildA.+;are Cocf ide$tlai. ? @ Bandv. Lennv From: lntej < intel@worldaware"com> Sent: To: Sunday, January 20, 2019 9:24 PM Schultz, Andrea; Lanier- Cathp Burrul David; Gardi, David; McCain, David; Aponte, Dawn; Miller, Janelte; Carpenter, Jordan; Beaty, Joseph; Jennings, Kendra; Bandy, Lenny; Alder. Robert; Durantq, Stephanie; Adden, Tom; Vincent Troy;Joseph Grassia; Jones, Todd; Perlman, Tracp Langensteln, Biify; Gummer, Rober[ Anjali Sniadowski NFL lncldent Report - Moderate - Tw;tter user has made multipie threats against Bill Vinovich Subject: tu usj NFL lncident Rensg lncident Severity: Moderaie $ecurity: Twitter user has made multiplc threats against NFL official Bill Vinovich. This lneident Report affects: NFL Officiating Summary: Twitter user Twitter user has threals un social official BiII Vinsvich on Facebook and Twitter. The ississippi. wrrin posted multiple !]has Twitter: Facebook bggggqp.$:Jasehqsk.eem{IFF '6 g 'o 06 Z Source: Facebook Source: Facebook *** 3S mins .S I want to fucking KILL BILL VINOVICH g\ ulrce p $ eomnnent Source: Facebook 4 snare "itl;*,#ts ,!. Tweeb & ir: ;:;i i- ii replies ftol,**r* i":i $ rrant tO kill Bi*lVinovicit e L+ trE .'t3m -pfrFr:m t* Replylng I rvant l-n VL*V to fuck*ng kill Bill Vinsvich +-1 ifl H ,Zfirn lwant to fucking KILI- BILL VINOV1CFI t-.=.s rlm $ource: Twitter 5 Babelstreet Person o{ lnteresl Search Regards, Kara Gronborg lntelligence Analyst, Managed Risk Services T: 01-410-573-7833 M: 01-814-3274836 gronbo rqk @ worldaware.com www.worldaw?re.com 6 .0ii AT&T * eoztrl 3344 pM e Ttreet t- o t x ut Bill vinovich. That's the name. Murder him and you get s 5,000 dollars. Find the other ones and get 1,000 dollars extra for each one 3;42 PM . 1f20fng" Twitter for iPhone S Likes a {ft f*1 [* +, ".F 4-*J Show additional replies, lmcludimg t0'rose that rrray eonstaln Shouu offensive csntent Tweet your reply a ,lED .tn"r g M) .se!qqst Alder From: lntel < intel@worldawa Sent: Friday, January 25,2019 7:15 PM Lanier, Cathy; Burrus, David: McCain, David; Miller" JaneBle;Carpenter, Jordan; Bandy, Lenny; Alder, Robert Langenstein, Bill5t Gummer. Robert; Joseph Grassia; Aniali To: re.com > Sniadowski NFL lncident Report - Threat Against Comrnissioner Goode$t's Family Subject: tr qrJ NFL lneldent Fenort lncident Severity: Severe $ecurity: Twitter user suggests teking a member of Roger Goodell"s family hostaEe until he orders a SaintsRams rematc{r. This lnoident Rcport affeels: Roger Goodetl Summary: Earlier today, Twitler user "t'(qlFllposted, user is clearly a disg than a legitirnate threat. We believe the identity ol thls user is case of venting, the post is Baton Flouge, Louisiana (see lurther delails in pubtic records search screenshot below), He may have reveabd his Louisiana license plate number in an lnstagram photo: - Source: lnstagram "6 o 0 od ,t ol Source: Twitter SocialMedia Paees: Twitter: lnstagram Facebook: Regards, Beau Gordon lntelligence Analysl, Managed Risk Services 0'f -66?-4A11217 fio rdo nb @ worldawa re.com T: www.worldaware.com 3 JET & red24 ere now W$rldAware" Operate 6/oha#y wlth Cottfidence Annapolis. London. Cape Town. Singapore. ffia CGI'JFI$EruTlALITY & PRI1JACY I,iOT:CI inciividuaiore*ti{ytswhi{hiiisFddres$ed. ft';etstsge.. ali copasi and anv ttyouarensitheintenCeCtedpiefti,oritap#earrthatthismessaEehasbeenfcn^rardec16{,)llw;thct:ipropEr' elia{hrri€fiis fiom },sur iec*{d3 3i^rd advise the sender by repiy e-nnaii encirrsed by WorldA*-aee. Wsrici*0!are C*nfidenl,al + I Alder, Robert lntel < intel@worldaware.corn From: Sent: > Tuesday, January 22, 2019 i:29 PM Lanier, Cathy; Burrus, David; McCain, David; Miller, Janelle; Carpentel Jordan; Bandy, Lenny Alder. Robert Langenstein, Billy; Gummer, Rober[ Joseph Grassia; Anjali lo: Sniadov,rski NFL lncident Report - Moderate - Twitter User Posts Threat Against Cornmissioner Goodell and NFL Officials Subject tr rw NFL lneident Repqg lncident Severity: Moderate $ecurity: Trritter user makes ihreal against Commiesioner Goodell and NFL 0fficials. This lncidenl Report affects: Comrnissioner Goodell, NFL officials eoilI)'qr* Bcutta just take one for the team and go kiil Roger Goode{t and the REFFS frorn the game fuck it ' L1 #'e ffi Source: Twifter EXHIBIT q n 0 Io 5 Regards, Kara Gronborg lntelligence Analyst, Managed Risk Services T: 01-410-573-7833 M: 01-814-3274836 sronbcrsk @ worldaware.conn www.trorldawarE.com I 1JET & red24 are now \rt@ddAuyare. $ero e Globollf with Cottlidencc Annapolis- London" Cape Town. Singapore. fl$s COr,iFl$ENTlAt,T.f & PRTVACY NOTICS indrvidual Or e$tily to {l'i€h ii iS EdCjressed, r."ress"ge, ail copi*: and eflV etiac]ment-< endcrsei WoridA lf y$i-l are nct the interded tecigient, or ;i eoriears that lhie messa€s hat been fo.warded io Vcu wlthoi-t praper lrcm yorrr reiords and ad]ise th€ sendier by reply e-nrai, by WoridArvars. j,1,are [! nfiCet]ia i, 5 SI'ATE OF CAL,IFOR}{IA )ss COIjNTY OF ORANGE AFFIDAVIT OF WII,I,IAM VINOVICH William Vinovich, being duly sworn. deposes aod states under oath as fbllop's: NIC one of the National Football League officials who offrciated the January 20- 2019 and could I this matter" in to testify called If l,ouisiana. Orleans. in New Championship Game \,vould testiff competently and truthf'ully to the mafters set tbrth in this Affidavit. l. t ** F'ollowing rhe January ?0, ?019 NFC Championship Game, I received memy threais against my personal sat'ety. I received over 40 voice mail messages on my o{fice phone^ in which many of the callers said things to the eflect of "we are coming to kill you," "wc are going to kill yoit-" .'we know where you iive." "you're a [expletive] idiot," and "you're going to die." My son whr') lives in Califbrnia, also received several vclice mail who also and as L narne has the same messages at his office that were threating as weli- 2. 3. -nr. threats against me have not died down. My girllriend recently came across the -iwitter posting attached as Exhibit 1. The tirst posting is not dated' but states: "we demand Vinovictr's and Riveron's heads on spikes. per the municipal code established by Jean l".afitte in 1810"' 'Iheq, on June 26, 2019" over fivc months afler the game. someone commented on the above post with the statement "blah blah blah 'russian interference' I want to talk aboul p35il inliirtreirce in the nfb championship months have passed and no one is held accountable." 4. I have been a game otticial fcrr over thirty years" and have never experienced any threat against mv physical safety. and never experienced the tvpe of animosity and hostility that { did alter the NFC Championship Game. I am aware of the threats made against me on social media sites. including the 55.000 bounty that is lbr mq and the several threats posted on social media that I am going to be killed or murdered. I am truthfully concerned for my sat'ety il'l am required to be deposed in New Orleans. F'urther AlTiant sayeth not. wit h SWORI\' IO AND SLTBSCRIIIIiD BI.FORE MF. btn DAY OF AUGLJS'I. 20I9 THIS NOTARYPLtsLIC TERRIM &C$},,IUSSTN Notafl Publrc - Califomia Orange County Commisson $ 228837 My Comn. Exorres Feb 13. 2022 EXHIBIT ( crvrl coDE s 1189 CALIFOR]IIA ALL.PURPOSE ACKIIOWLEDGMEHT oi the individual who signed the A notary public or other officer completing this certificate verifies oniy the identrty or validiiy of that document. accuracy, truthfulness, not the and is attached, certificate this which to document State of California J\ W \r, \A tvl Dafe personally aPPeared W' lJ rt^\ >rvrUl!a* t\,n before me, l.J V-/ I t- llere lnsert Name andF Title of the Officer vl r,1 lti- Name{s) of Signe(s) --who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are the same in subscribed to the within instrument and acknowledged to me that he/she/they executed person{s), his/her/their authorized capacity{ies}, and that by his/her/their signature{s) on the instrument the instrument' the or the entity upon behal{ of which the person(s) acted, executed I certify under PEI{ALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Notery P!birc - mylqnd and official '11-\ t/ TERR] I;1 RASMUSSSN Califom,a 0rarge Coun*Connissron # 2228837 l,iyComm Expnes Fe! i3, 2022 Signature xl/.,a.', seal. tJ it- rJ* Signature of Notary Public Place Notary Sea/ Above OPTIONAL Thaugh fhrs secfion is optianal, compleiing this information can deter alteration of the dccument ar fraudulent reattachmenf of thrs form to an unintended docurnent. Description of Attached Document Titie or Type of Document: Nirmber of Pages: Docurnent Date: Signe(s) Other Than Named Above Capacity{ies) Glaimed by Signer{s} Signer's Name: Corporate Officer - Titie(s) Limited General Fartner Attcrney in Fact lndividual GuarCian or Conservator 0ther: $igner ls Representing Trustee Signer's Name Corporate Officer - Title(s): Pariner Limited General Attorney in Fact lnciividuai Guardian or Conseruator Trustee Other: Signer ls Representing O2014 National Notary Associatron . www.NationalNotary.org . 1-800-US NOTARY {1-800-876-6827) ltem #5907 we demand Vinovich's and Riveron's heads on spikes, per the municipal code established by Jean Lafitte in 1810 . 2S Jun 'St-ffi blah blah blah "russian interferencen' i want to talk about pass interference in the nfc charnpionship months have passed and no one is held accountable 7:Sil Ph4 . ?# Jun 1S . Twitter for iphone 1 Retwset 5 Lik*s EXHI BIT A l- --- STATE OF CALIFORNIA ) ) ss.: COUNTY OF SANTA BARBARA } AFFIDAVIT OF GARY P. CAVALETTO Gary P. Cavaletto, being duly swom, deposes and states under oath as follows: 1. I am one of the National Football League game officials who officiated the January 20, 2019 NFC Championship Game in New Orleans, Louisiana If called to testifr in this matter, I could and would testiS competently and truthfully to the matters set forth in this Affidavit. 2. Following the January 20, 2019 NFC Championship Game, I received more than 200 voice mail messages on my cellular phone (and approximately the same number of text messages). Several of these voice mail messages were very concerning to me, because the persons leaving the messages said things to the effect of '\rue know where you live" and mentioned by name my wife, childrerg and mother, as well as made clear that they had my children's cellular numbers. In addition, my wife and mother also received voice mail messages that wcrc upsetting to them. 3- A few days after the NFC Championship Game, I observed a man driving a catering truck on the private street in my neigfrborhoo{ with uniting on its side that said "Cajun Catering," "Louisiana Catering," or something similar. At one point, the driver pulled the vehicle into one of my trvo driveways, then left, and then at another point, drove down the private street I live on, past my house to rny neighbor's driveway where he emerged and pounded on my neighbor's door, asked for me, then yelled, 'oI know he's here," referring to mc, before leaving. 4. I have been a game official for over forty years, sixteen ofthose wittr the National Football League, and before the aftermath of the 2019 NFC Championship Game had never experienced any threat against my physical safefy, and never experienced the type of animosity and hostility that I did after the NFC Championship Game. I am aware of the threats made against the.game 1 EXHIBIT .6 o 5 .o o ofiicials on social media sites, including ttrc $5,000 bounty that is for Williaur Vinovich and the $1,000 bountiss offsred for the othsr offrcials of the gam€, and am truttrfully concemed for my safety if I am tequired to be deposed in New Orleans. Further Affrant sayeth not Gary P SWORN TO ANID SUBSCRIBED BEFORE ME TI{IS b DAY OF AUGUST, 2019. NOTARY PUBLIC sze A+fuJ\e-& 2 officer wha this certificate verifies only the to which this certif€te th accuracy, or State of California County of S-e^dzn CALI FORNIA ALL-PU RPOSE CERTIFICATE OF document ACKNOWLEDGMENT g a'vba'ra on AriquS+.b,zoll before me, U c 'tale--*o title (here insert narte ano d rhe oiflcer) *1?o personally appeared who proved tc me on the basis of satisfactory evidence to be the person(sf whose namqd) islardsubscribed to the within instrument and. acknowl.e-ageJ to rne that neisp[nbev executed the same in hislh€i/t6r authorized capacity(ie$, and that by hislngthprr.signature(r)'-on t"n"'init**;;i th; p"tionJrt ;ii;; ;;ilty upon behalf of which the personlsfacted, executed tf,e instrument. I certify under PENALTY OF PERJURY under the laws of the state of california that the foregoing paragraph is true and correct. JortucAYALEfro Public . Crlifornir sarta larbrG Couaty llcrry WITNESS my hand and officialseal. 2 f Conmissi.rn 2259901 tty Comm. r$ir€! Oct 12. 202t. Signature (5eal) OPTIONAL INFQRMATION Althouqh the information in this section is not rcquircd by law, it could.prevent fraud.ulent removal ond reottachment ockrtowledgmenr to an unauthorized aoiuiZnl\nd may prove useful to persons retyinq on Description of Attached Documenr .1.: The preceding certificate of Acknowledgrnent is attached to a document 4 "r ft€€;aa{t{ s { tirted,rorrhepurpose containing -n dated _ ft.Htt lndividual(s) ! Co,porate office(s) L?form(s) t , ?-o i i::.,r,,j, of irlentificaticn Notarial event t4 ._ Page is O credibte witness{esi delailed in notary,journal on: #_f / Noury contact: o rntry+t An^ ! _ va.{eJtz Other L-l Attorney-in-Fact n __ I f-l : this Provcd to me on the basis of satisfactory cvidence: The signe(s) capacity or authority is/are as: x ri of Method of 5isner i dentification L.fsYde*f" _ pases, and the attoched document. Arjdir;onat Signcr(s) n itlelt - Signe(s)'thumborintis) 6uardian/Conservator [---l Panner - Limiied/General ---j lrusteeis) I other, representlng: _ o CopyrigFr 200?-20t4 Nor;ry Fcrary, Inc- Pers PQ ti l 41400- D$ tjng fdoines. U\ 5031I C507. -All Righrs Bcqerved. tte? Nuilbcr 1Ol772. Flease cortact your Audbrize4i Reseller to p.urch.rse co? es ci this icrnt. Roger Goodell, refs set to be deposed in September over Sai ONUNE ONLY ONUNE ONIY ONLINE ONLY ONLINE ONLY OIY ONUNE ONLY OUINEONLY ONUNE ONLINE ONLY https://www.nola.com/news/courtsiarticle_076681 dIINE 1 Page I of5 t ONLY 8-b229-1 1 e9-bcd9-1 b06f81 b6934.html Roger Goodell, refs set to be deposed in September over Saints-Rams no call, judge says STAFF REPORT JUt 29, 2019- 12:/A PM commissioner Roger Goodell ansers a question during a news conference for the NFL super Bowl 53 football game wednesday,Jan. 30, 2019, in Atlanta. NFL DavidJ. Phillip A New Orleans judge said Monday NOLA.com staff report that NFL Commissioner Roger Goodell and three referees from the infamous "no-call" NFC championship game should answer questions about the game under oath in September. Orleans Parish Civil District Court Judge Nicole Sheppard scheduled the depositions for Goodell and the refs during a Monday status conference. https://www.nola.com/news/courtslarticle 07668118-b229-11e9-bcd9-lb06f8lb6934.html 81212019 Roger Goodell, refs set to be deposed in September over Sai Page 2 of 5 The judge also said the depositions should take place in New Orleans. The scheduling conference took place days after a Louisiana 4th Circuit Court of Appeal panel unanimously upheld Sheppard's decision to allow a lawsuit filed by Saints superfan Tony LeMon against the NFL to proceed. our -llI6?aa8dt6PhdsaF *nuommorc. Can't see uideo ry O belot? Click here. LeMon and his co-plaintiffs were among many fans who filed suits after the Saints game against the Los Angeles Rams in the Mercedes-Benz Superdome in January, when officials failed to call blatant pass interference by Rams defender Nickell Robey-Coleman. https:iiwww.nola.com/news/courtslarticle 07668118-b229-11e9-bcd9-1b06f8lb6934.html 8/212019 Roger Goodell, refs set to be deposed in September over Sai Page 3 of5 The "no call" denied the Saints a likely touchdown and set the stage for the Rams to advance to the Super Bowl. Legal observers gave most of the lawsuits against Goodell and the league little chance of success. One challenge was thrown out in federal court. But LeMon crafted his suit with the aim of keeping it in state court. RELATED Roger Goodell a step closer to sworn answers in Saints fans"no-call' lawsuit thanks to court ruling With the depositions in hand, LeMon and his co-plaintiffs will be able to continue to press their case against the league ahead of a potential trial. However, the NFL still has weeks to mount an appeal to the Louisiana Supreme Court seeking to have the lawsuit dismissed altogether. If that succeeds, Goodell's deposition would never take place. Reese Witherspoon And Oprah Are Our New Favorite Best Friends Sponsored by Connatix lp hups://www.nola.com/news/courts/article 076681 l8-b229-11e9-bcd9-1b06f81b6934.htm1 812/2019 Goodell, NFC Championship officials to face questions on no-call I wwltv.com 4nMLA Page I of4 86' LIVE New Orleare, LA Goodell, NFC Championship officials to face guestions on no-call Spurned Saints fans may finally get what they've been waiting for NEW ORLEANS - A Louisiana judge ordered that NFL Commissioner Roger Goodell and three officials from January's NFC title game be questioned under oath in September about the infamous "no-call" that helped the Los Angeles Rams beat the New Orleans Saints in January's NFC fitle game, a lawyer said Monday. Attorney Antonio LeMon, who filed a lawsuit over the game that advanced the Rams to the Super Bowl, said he and league attorneys will pick a mutually agreeable date for depositions in New Orleans - barring any league appeals that might delay or cancel the questioning. Fumble O&AWith * tcl t{EF 2*ts ry tr th@ w 3 ssds i€ft h a game ses i(d nba tiels rhowr,b Johnson & Chris C cttt$ FEATUF { Lebrn A league spokesman declined comment. LeMon's lawsuit seeks $75,OOO in damages to be donated to charity over the failure to flag a pass interference or roughness penalty against Rams cornerback Nickell RobeyColeman for his helmet-to-helmet hit on receiver Tommylee Lewis well before a pass arrived. The no-call came at a crucial point in the game against the New Orleans Saints. The Rams won and advanced to the Super Bowl. - - State Civil District Court Judge Nicole Sheppard of New Orleans ruled earlier this month that LeMon's lawsuit could proceed. She also ruled then that LeMon can request documents and ask questions of NFL ofRcials. She said Monday that depositions should take place in September. She also set Aug. 22 for the next hearing in the lawsuit, according to LeMon. 'o .c 0 0d https:/iwww.wwltv.com/article/sports/nfl/saints/goodell-nfc-championship-officials-to-face-.. tr . 8/2120L9 Goodell, NFC Championship officials to face questions on no-call I wwlw.com Page2 of 4 "l think the city of New Orleans and the Saints organization and the fan base, they deserve to know what happened in that NFC Championship Game," LeMon said. "So we can get some level of truth, some information, so we can all heal a little better. As far as i'm concerned, we can't move on untilthere's been some reparation and some consequence for what happened." RELATED: NFL adopts rule chanqe after Saints NFC Championshio'No-call' ilevr Sbans $ints fans leale $rperdome #ter l$Ccha.. r Other suits dealing with the blown call have wound up in federal court, where they have failed. They included one longshot effort to have the game or a crucial part of it played over before the Rams met the New England Patriots in the Super Bowl, which the Patriots won. $1.49 $0.69 s1.79 s3.04 LeMon, whose lawsuit alleges fraud by NFL officials, has crafted his lawsuit to avoid having it taken over by a federal court, in part by keeping the damages sought low. He said Monday that he intends for any money won to go to former Saints star Steve Gleason's charity to aid people with neuromuscular diseases. Gleason was diagnosed with ALS in 2011. Assoclofed Press reporter Kevin Mccill contributed to this report. YOU May Like SponsoredlinksbyTaboola $699 average annual savings for drivers who switch and save. Progressive Most Expensive And Rarest ltems Ever Sold On Pawn Stars Finance'101 This ls Considered The Worst TV Show Ending ln History https://www.wwltv.com/article/sports/nfl/saints/goodell-nfc-championship-officials-to-face-.. . 812/2019 Roger Goodell and game officials to face questions on no-call - Los Angeles IhrAngeler Times Page 1 Los @imes of 5 In q ADVERTISEMENT FX Get on Board ASDN Now ASDN set to go i 00% or nrore in a very shcrt an-ourlt of Irene Dcn opportunity t -"rrss th;s Small Cap Exclr-rsive SPORTS Roger Goodell and game officials to face questions under oath on Saints-Rams no-call Rams cornerback Nrckell Robey-Coleman seems the NFC championship game. (Robert Gauthier / to deliver an early hit to Saints receiver Tommylee Lewis late in the fourth quarter of Los Angeles Times) By ASSOCIATED PRESS JULY 30,2019 7:27 AM EXHIBIT b .c 3 0d 0- https://www.latirnes.com/sports/storyl2019-07-30lsaints-rams-no-call-lawsuit-roger-goodell 81212019 Roger Goodell and game officials to face questions on no-call - Los Angeles Times Page2 of 5 A Louisiana judge ordered that NFL Commissioner Roger Goodell and three officials from January's NFC title game be questioned under oath in September about the infamous no-call that helped the Los Angeles Rams beat the New Orleans Saints in January's NFC title game, a lawyer said Monday. Attorney Antonio LeMon, who filed a lawsuit over the game that advanced the Rams to the Super Bowl. said he and league attorneys will pick a mutually agreeable date for depositions in New Orleans - barring any league appeals that might delay or cancel the questioning. A league spokesman declined comment. LeMon's lawsuit seeks $75,000 in damages - to be donated to charity - over the failure to flag a pass interference or roughness penalty against Rams cornerback Nickell Robey-Coleman for his helmet-to-helmet hit on receiver Tommylee Lewis well before a pass arrived. The no-call came at a crucial point in the game against the New Orleans Saints. The Rams won and advanced to the Super Bowl. ADVERTISLNG rnReaC nvenied by -ieads State Civil District Court Judge Nicole Sheppard of New Orleans ruled earlier this month that LeMon's lawsuit could proceed. She also ruled then that LeMon can request documents and ask questions of NFL officials. She said Monday that depositions should take place in September. She also set Aug. 22forthe next hearing in the lawsuit according to LeMon. Other suits dealing with the blown call have wound up in federal court, where they have failed. They included one long-shot effort to have the game or a crucial part of it played over before the Rams met the New England Patriots in the Super Bowl, which the Patriots won. LeMon, whose lawsuit alleges fraud by NFL officials, has crafted his lawsuit to avoid having it taken over by a federal court, in part by keeping the damages sought low. He said Monday that he intends for any money won to go to former Saints star Steve Gleason's charity to aid people with neuromuscular diseases. Gleason was diagnosed with ALS in 201 1. SPORTS Associated Press hups://www.latimes.com/sports/story12019-07-30/saints-rams-no-call-lawsuit-roger-goodell 812/2019 NFL title game "no-call": Roger Goodell, 3 NFL officials to face queries under oath on sti... Page I of l7 This web browser is not fully supported on CBSN and CBSNews.com. For optimal experience and full features, please upgrade to a modern browser. For help, click here Roger Goodell, S NFt officials to face queries under oath on still-controversfal u'no-call* .iULY 30. 2019 I 4:51 AM / CESi AP New Orleans - A Louisiana judge ordered that NFL Commissioner Roger Goodell and three officials from January's NFC title game be questioned under oath in September about the controversial "no-call" that helped the Los Angeles Rams beat the New Orleans Saints in January's NFC title game, a lawyer said after a status conference Monday. Attorney Antonio LeMon, who filed a lawsuit over the game that advanced the Rams to the Super Bowl, said he and league attorneys will pick a mutually agreeable date for depositions in New Orleans - barring any league appeals that mrght delay or cancel the questioning. "I think the city of New Orleans and the Saints organization and the fan base, they deserve to know what happened in that NFC Championship game," CBS New Orleans affiliate WWL-TV quotes LeMon as saying. "So we can get some level of truth, some information, so we can all heal little better. EXHIBIT k https://www.cbsnews.com/news/roger-goodell-3-nfl-officials-to-face-queries-under-oath-on. .. 81212019 NFL title game "no-call": Roger Goodell, 3 NFL officials to face queries under oath on sti... Page 2 of 17 L IVE Trending News . I(ennedv Death . TrumD Oreanization Subpoenaed . China Tariffs . Eric Garner Cop Verdict "As far as I'm concerned, we can't move on until there's been some reparation and some consequence for what happened." A league spokesman declined comment. LeMon's lawsuit seeks $75,000 in damages - to be donated to charity - over the failure to flag a pass interference or roughness penalty against Rams cornerback Nickell Robey-Coleman for his helmet-to-helmet hit on receiver Tommylee Lewis well before a pass arived. The no-call came at a crucial point in the game. The Rams won and advanced to the Super Bowl. State Civil District Court Judge Nicole Sheppard ofNew Orleans ruled earlier this month that LeMon's lawsuit could proceed. She also ruled then that LeMon could request documents and ask questions of NFL officials. She said Monday that depositions should take place in September. She also set Aug. 22 for the next hearing in the lawsuit, according to LeMon. Other suits dealing with the blown call have wound up in federal court, where they have failed. They included one long-shot effort to have the game or a crucialpart https:i/www.cbsnews.com/news/roger-goodell-3-nfl-officials-to-face-queries-under-oath-on. .. 81212019 NFL title game "no-call": Roger Goodell, 3 NFL officials to face queries under oath on sti... Page 3 of 17 of it played over before the Rams met the New England Patriots in the Super Bowl, which the Patriots won. LeMon, whose lawsuit alleges fraud by NFL officials, has crafted the suit to avoid having it taken over by a federal court, in part by keeping the damages it is seeking low. He said Monday that he intends for any money won to go to former Saints star Steve Gleason's charity to aid people with neuromuscular diseases. Gleason was diagnosed with ALS in 2011. https://www.cbsnews.com/news/roger-goodell-3-nfl-officials-to-face-queries-under-oath-on. .. 8/2/2019 NFL title game "no-cafl": Roger Goodell, 3 NFL offrcials to face queries under oath on sti... Page 4 of 17 Firstpublished onJulySO, 2Ol9 / 4:51AM @ 2019 CBS Interactive Inc. Atrl Rights Resewed. This material maynot be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this repart" YOU May Like Promoted Links by Taboota Two cannabis stocks for a potential $r+6 billion opportunity The Modey Fool Newlywed dies as she tries to reach famed "Into the Wild" bus in Alaska This Is the One Technology People with Diabetes Need Dexcom Michigan judge rejects juvenile sentencing for teens in highway rock-toss death People Who Retire Comfortably Avoid These Financial Advisor Mistakes SmartAsset Man who committed school shooting when he was n dies in car crash I.J.S. https:i/www.cbsnews.com/news/roger-goodell-3-nfl-officials-to-face-queries-under-oath-on... 81212019 ESPN.com - Depositions scheduled for Goodell, refs in suit [fR-m] ESpN.com: NFL Page 1 ofl IPrint without images] Monday, Juty 29n 2OL9 Depositions scheduled for Goodell, refs in suit ESPN Depositions for NFL commissioner Roger Goodell and three referees from last season's NFC Championship Game have been scheduled for September. During a Monday status conference, Orleans Parish Civil District Court Judge Nicole Sheppard scheduled the depositions and said they should take place in New orleans. The scheduling conference comes nearly two weeks after Sheppard ruled that the damage lawsuit against the NFL over the playoff non-call that helped the Los Angeles Rams beat the New Orleans Saints and advance to the Super Bowl could continue. Sheppard also ruled at the time that attorney Antonio "Tony" LeMon could request documents and ask questions of NFL officials. LeMon said at the time that meant he would be able to question Goodell and the game officials in depositions. LeMon said money isn't the object of the February suit he and three others filed, which alleges fraud by NFL officials. It seeks only $75,000, which LeMon said would go to charity. "The purpose of the lawsuit is not to get some minuscule amount of money. They won't even notice that," LeMon said. "It's to get at the truth." http ://www.espn. com/espn/print? id-27 2gZ7 02 8/2t2019 s Antonio Lel{lon shared a post. March 4 Add Friend -ollow ; NFL/GOODELL LAWSUIT UPDATE W€ NEED YOU lN COURT APRIL 16TFi-10:30 AM On April 10, 2019 at 10:30 AM, we wili have our first skirmish with th€ NFL & Ccmmissioner Goodell with State Civil Districi Court iudge Nicoie Shepaid, Oiv J of the Civil District Court presiding. This is a special setling by the Court, At ihat hearing in 43 Cals, the NFL lvili argue ihat the back or reverse side of the Saints' ticket contains language tltai ailows ii to "in advance" escape liability for its mnduct, however bad or offensive, and face no liabi:ity beyond possibly a refurn to the ticket hoider of the face val$e of ihe licket. They wani to dismiss our lawsu;t. We will argue to ihe mntEry & believe ihat the :aw is cn my side. We will not elaborate as we have no doubt that $e NFL attomeys will read anything we pcst in advance about my argument and legal stiaiegyln addition to this argumeni, the NFL has filed a motion to disallow or at least delay ss in geiting sworn answers fom ihe NFL end Commissioner Goodell io oul wrifien questlors or intercgaiories & requesis fcr admissions of fact and from having to produce any records & evidence primariiy targeting th3 No Call Play. The NF!_ and Commissioner Goodell aiso want io stop or at least delay us from iaking the depositions of Commissioner Gcodell & ihe 7 menlber NFL ofiiciating crew. They are noping that none ofthis discovery will ever have to be answered by them as they hope to get our lalvsuit dismissed before tiey are tbrced to finally give any aceounting to The \ Jho Dai Natim. Noi only da we believe that our iawsuit has lvlERlT but that we are to get su/cffi af,swers to the INJUST CE done to =NTITLED us. U/e are asklng thai we have a COURTROOM FULL OF Wt-iO DAT SUPPORT=RS ai ahe hearing on April 16th at 10:3C AM. Vlie wani to shaw Judge Shepard thaa we €n be iespectful to hef Court & the NFL iawyers but that by cur numbeF ihat u/e will NEVER FORGET and that WE WANT JUSTICE!! if you have sAtNTS BLACK & GOLD running ihru y€ur veins & can be theie in your BLACK & GOLD, we not only wani you ihere but we NEED YOU iN THAT COURTROOM: Civi! DisHci Court 421 Lcyola Aveflue 4th Fiocr Bivisicn'J" New Odeans, LA 70112 This m3y be ycur one & only chance io show ycur suppcd foi DEMANDjNG \^/HO DAT'iUSTlCE. PL=ASE SE THERE! The NFL & Commissioner coodeti owe reparatioi to us. ENOUGHI! 5 4 Shares Like Comltrent $hare 1, Wriie a comment... ,{D Jose Ealli March 4 is witl': Antonic Letulon and Dino Behler, . EXHIBIT 18 3 Conments f ; Like Cornment $hare S,:arcl: