Michael Nussman
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE NORTHERN DISTRICT OF ALABAMA
` SOUTHERN DIVISION
`
` CASE NO.: 2:14-CV-00091
`
` CABLZ, INC.,
`
` Plaintiff/Counterclaim
` Defendant,
`
` vs.
`
` CHUMS, INC.,
`
` Defendant/Counterclaim
` Plaintiff.
` _______________________________________/
`
` VIDEOTAPED
` DEPOSITION OF: Michael Nussman as
` representative of ASA
`
` DATE TAKEN: July 17, 2014
`
` TIME: 4:06 p.m. - 4:26 p.m.
`
` PLACE: Embassy Suites
` 8978 International Drive
` Orlando, Florida 32819
`
` REPORTED BY: Lori Francis, RPR, FPR and
` Notary Public
`
`Freedom Court Reporting, Inc
`
`877-373-3660
`
`Page 1
`
`CABLZ, INC. EX 2060
`
`
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE NORTHERN DISTRICT OF ALABAMA
` SOUTHERN DIVISION
`
` CASE NO.: 2:14-CV-00091
`
` CABLZ, INC.,
`
` Plaintiff/Counterclaim
` Defendant,
`
` vs.
`
` CHUMS, INC.,
`
` Defendant/Counterclaim
` Plaintiff.
` _______________________________________/
`
` VIDEOTAPED
` DEPOSITION OF: Michael Nussman as
` representative of ASA
`
` DATE TAKEN: July 17, 2014
`
` TIME: 4:06 p.m. - 4:26 p.m.
`
` PLACE: Embassy Suites
` 8978 International Drive
` Orlando, Florida 32819
`
` REPORTED BY: Lori Francis, RPR, FPR and
` Notary Public
`
`Freedom Court Reporting, Inc
`
`877-373-3660
`
`Page 1
`
`CABLZ, INC. EX 2060
`
`
`
`2
`
`Michael Nussman
`
` 1 APPEARANCES:
`
` 2
`
` APPEARING ON BEHALF OF THE PLAINTIFF/
` 3 COUNTERCLAIM DEFENDANT:
`
` 4 JOSEPH S. BIRD, III, ESQUIRE
` Bradley, Arant, Boult, Cummings, LLP
` 5 1819 Fifth Avenue North
` Birmingham, Alabama 35203
` 6 jbird@babc.com
`
` 7
`
` 8
`
` APPEARING ON BEHALF OF THE DEFENDANT/
` 9 COUNTERCLAIM PLAINTIFF:
`
` 10 LANDON A. ALLRED, ESQUIRE
` Stoel Rives, LLP
` 11 201 South Main Street
` Suite 1100
` 12 Salt Lake City, Utah 84111
` laallred@stoel.com
`
` 13
`
` 14
`
` 15 APPEARING ON BEHALF OF THE AMERICAN
` SPORTFISHING ASSOCIATION AND
` 16 KENNETH ANDRES:
`
` 17 MARC M. GORELNIK, ESQUIRE
` Law Offices of Marc M. Gorelnik
` 18 8042 Terrace Drive
` El Cerrito, California 94530
` 19 marc@gorelniklaw.com
`
` 20
`
` 21
`
` 22
`
` 23 ALSO PRESENT: Shawn Lane, Videographer
`
` 24
`
` 25
`
`Freedom Court Reporting, Inc
`
`877-373-3660
`
`Page 2
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`CABLZ, INC. EX 2060
`
`
`
`Michael Nussman
`
`3
`
` 1 I N D E X
`
` 2 INDEX 1: EXAMINATIONS
`
` 3 INDEX 2: CERTIFICAITONS
`
` 4 INDEX 3: EXHIBITS
`
` 5 EXHIBITS
`
` 6 (None marked.)
`
` 7
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` 8
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`Freedom Court Reporting, Inc
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`877-373-3660
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`Page 3
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`CABLZ, INC. EX 2060
`
`
`
`Michael Nussman
`
` 1 wearing this retainer?
`
`14
`
` 2 A Yes, I have. I know I have, yes.
`
` 3 Q I may have asked this, but do you remember
`
` 4 the first year that you saw that?
`
` 5 A No.
`
` 6 Q Do you remember if you saw it before 2007?
`
` 7 A Is the question now at an ICAST show?
`
` 8 Q Yes.
`
` 9 Have you seen Mr. Sosin wear his
`
` 10 monofilament retainer at an ICAST show prior to 2007?
`
` 11 A I don't know.
`
` 12 MR. ALLRED: That's all the questions I
`
` 13 have.
`
` 14 MR. BIRD: Just a couple.
`
` 15 CROSS-EXAMINATION
`
` 16 BY MR. BIRD:
`
` 17 Q Again, I'm Joe Bird representing Cablz. Mr.
`
` 18 Sosin is a legendary figure in the fishing industry,
`
` 19 isn't he?
`
` 20 A Yes.
`
` 21 Q He's had a very long-running show I think
`
` 22 called Saltwater Journal for Fishing?
`
` 23 A Saltwater Journal, Saltwater Adventures,
`
` 24 Saltwater something.
`
` 25 Q He's one of those larger-than-life
`
`Freedom Court Reporting, Inc
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`877-373-3660
`
`Page 4
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`CABLZ, INC. EX 2060
`
`
`
`Michael Nussman
`
`15
`
` 1 characters in the fishing business, right?
`
` 2 A Yes.
`
` 3 Q He's a colorful personality too, right?
`
` 4 A Yes.
`
` 5 Q And he is vocal?
`
` 6 MR. ALLRED: Objection, vague.
`
` 7 BY MR. BIRD:
`
` 8 Q I -- I don't mean any -- I'm not casting
`
` 9 aspersions. I'm just saying he's a talkative, outgoing
`
` 10 fellow?
`
` 11 A Yes.
`
` 12 Q By the time of 2009 ICAST, Mr. Sosin had
`
` 13 been to something like 50 ICASTs, or whatever your show
`
` 14 used to be called, trade shows?
`
` 15 A Yes.
`
` 16 Q And so Mr. Sosin was well known at ICAST in
`
` 17 2009; is that correct?
`
` 18 A Very well known.
`
` 19 Q And was his monofilament thing taped onto
`
` 20 his glasses, was that also something that he wore
`
` 21 generally prior to 2009?
`
` 22 A Yes.
`
` 23 Q And so it would have been the kind of thing
`
` 24 that if you knew Mark Sosin by 2009 and you saw him at
`
` 25 ICAST, you would have seen his monofilament?
`
`Freedom Court Reporting, Inc
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`877-373-3660
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`CABLZ, INC. EX 2060
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`
`
`Michael Nussman
`
` 1 A Yes.
`
`16
`
` 2 Q And so many of the people who judge in the
`
` 3 new product showcase would have been ICAST regulars;
`
` 4 would they not?
`
` 5 A Yes.
`
` 6 Q And so it's entirely possible that many of
`
` 7 the judges in the 2009 product showcase would have
`
` 8 known about Mark Sosin's taped on monofilament to the
`
` 9 glasses; is that fair?
`
` 10 A Yes.
`
` 11 MR. BIRD: Thank you. No further questions.
`
` 12 MR. ALLRED: I don't have any.
`
` 13 MR. GORELNIK: All right. I think we can
`
` 14 conclude the deposition, I suppose.
`
` 15 MR. BIRD: Thanks so much.
`
` 16 THE VIDEOGRAPHER: This concludes the video
`
` 17 recorded deposition of Mark Nussman. The time is
`
` 18 approximately 4:24 p.m. We are off the record.
`
` 19 THE COURT REPORTER: Did you want both of
`
` 20 these transcribed?
`
` 21 MR. BIRD: Yes, ma'am.
`
` 22 MR. ALLRED: Can I get copies too?
`
` 23 THE COURT REPORTER: Sure.
`
` 24 MR. GORELNIK: If you want to send it to the
`
` 25 witnesses to review and sign, you can send it to
`
`Freedom Court Reporting, Inc
`
`877-373-3660
`
`Page 6
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`CABLZ, INC. EX 2060
`
`
`
`Michael Nussman
`
`18
`
` 1 Certificate of Reporter
`
` 2
`
` 3 STATE OF FLORIDA)
` COUNTY OF ORANGE)
`
` 4
`
` I, Lori Francis, Registered Professional Reporter
`
` and Notary Public, do hereby certify that I was
`
` authorized to and did stenographically report the
`
` foregoing deposition of Michael Nussman; that a review
`
` of the transcript was requested; and that the foregoing
`
` transcript, pages 1 through 17, is a true record of my
`
` stenographic notes.
`
` I FURTHER CERTIFY that I am not a relative,
`
` employee, attorney or counsel of any of the parties'
`
` attorneys or counsel connected with the action, nor am
`
` I financially interested in the action.
`
` Dated this 25th day of July, 2014,
`
` in Orlando, Orange County, Florida.
`
` _______________________________
`
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` LORI FRANCIS, RPR, FPR, NOTARY
` 21 PUBLIC AND COURT REPORTER
`
` 22
`
` 23
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` 25
`
`Freedom Court Reporting, Inc
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`877-373-3660
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`Page 7
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`CABLZ, INC. EX 2060
`
`
`
`Michael Nussman
`
`19
`
` 1 Certificate of Oath
`
` 2 STATE OF FLORIDA)
` COUNTY OF ORANGE)
`
` 3
`
` 4 I, LORI FRANCIS, REGISTERED PROFESSIONAL
`
` 5 REPORTER, Notary Public, State of Florida, certify that
`
` 6 the witness, Michael Nussman, personally appeared
`
` 7 before me on the 17th of July, 2014 and was duly sworn.
`
` WITNESS my hand and official seal this 25th
`
` day of July, 2014.
`
` 8
`
` 9
`
` 10
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` 11
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` 12
`
` 13 ________________________________
`
` 14 Lori Francis, RPR, FPR
` Notary Public - State of Florida
` 15 My Commission Number: EE052018
` My Commission Expires: March 17, 2015
`
` 16
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`Freedom Court Reporting, Inc
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`877-373-3660
`
`Page 8
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`CABLZ, INC. EX 2060
`
`
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