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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 5 of 62

.CertifiedCopy
IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIONA

FOR THE

Ultimate Creations, Inc., and


Anzona corporation,

Warror and

Dana Warior, husband and wife,


Plaintiffs

'CV06-00535-PRX-ROX

VS

Vincent K. McMahon and Linda


and wife; Titan
McMahon, husband
Sports, Inc., a Connecticut
corporation, World Wrestling
Entertainment, a Connecticut
coworation,
Defendants

-~~-------~--------------VIDEOTAPED DEPOSITION OF

KEVIN DUNN

April 23, 2009


9: 11 :a.m.

Rosenblum Newfield LLC


One Landmark Square
Stamford, Connecticut 06901

Clifford Edwards, LSR

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 6 of 62

.Kevin Dunn

April 23, .2009

l3

Okay.

Is it acceptable for this


us just to refer to. WWE ,and that

.2 deposition for

3 would encompass your time at bothWWF and WWE?


-4

Yes.

.5

Okay.

Is your

actual employerTi tan

6 Sp ort sO?
7

Now?

Yes.

No..

10

Okay.

II Sports?
A
l2

How long were you employed by Tit~n

I was employed with them until they

l3 changed their name to World Wrestl.ing Federation or


i'

l4

Entertainment..

World Wrestling

15

You just don't recall

16

No~

17

Okay.

when t:hat was_

Your employer changed its name.

18 Did your job responsibilities change when the name

19 change occurred?
20

Not necessarily.

.21

Okay.

22 your

tenure at Titan Sports, WWF, WWE? You start in

Sort of give me a br~e history of

23 1983, and you're currently employed there.


Correct '?

24
25

Started in

1983 , currently employed there,

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 7 of 62


April 23, 2009
Kevin Dunn

l4

lworked my way up being an associate producer; to a


2 ,Producer, to se:niorproducer, to a supervising
executive producer, to what I am now

3 producer, to an

4 which is executive vice president television.


5

Do you happen to recall when you became a

6 producer?
7

No..

Did your j ob responsibilities change every

9 time your job title changed?


10

Most likely.

II

Okay".

When did you .become an executive

l2 -producer?

l3
l4

I believe it was 1993.

And what were your jobs as an executive

iS producer?
16

To supervisor the television studio! the

production studio.

l7 television

l8

Can you explain to me exactly what those

19 responsibilities were?
20

To be the head person in charge of all

21 technical television facilities and production

22 facilities.
23

And were you responsible for

the

24 videotaping of all WWE wrestling matches?


25

When I became executive producer?

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 8 of 62


April .23, 2009
Kevin Dunn

l5

Q Yes, sir.

A Yes..

Q Were you re.sponsible for the various

programming that WWE would put on, including

vignettes interviews and

A Yes.

Okay..

When did WWE - - and again, Ilm

going to use it gener.icaiiy to cover Titan

Sport s, WWF and WWE..

iO

things of that nature?

Is -Chat okay?

ii

A Yes.

l2
l3

QAt some point, did WWE start making home

l-4

l5
l6
l7
l8

videos?
A Ilm sorry. Was ther.ea question there?

be sold

producing videos to

Q Did WWE start

to consumers.?

A Yes.
Q When did that occur?

19

A I don't know_

20

Q What l s your best recollection?

21

A Mid' 80s.

.22

Okay.

When did you start having any

23

responsibility, if at all~ or the production of

24

those home videos?

25

A I'm not a hundred percent sure.


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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 9 of 62


April 23, 2009

Kevin .Dunn

l6

L Certainly, when I was executive producer, that :fell


that ,point..

2 under m~ at

So at least as early as 1993?

Yes.

Okay.

Who - - once you - - strike

6 that.
7 Once you became theexecuti ve producer and
8 had some responsibility -for -the home videos, who was

to what the-

9 it that would make the decision as

home videos?

. iO subjects were going to be for the

-ii

Back in 1993, I could not tell you.

12

Okay.. Was .therea separate division of

l3 WWE that did home videos versus the tel evision ' s

l.4 productions?
.15

No..

l6

They were done together.

I s that correct?
i wouldn't say they were done together..

17

l8

19 It was certainly housed in the same building.


20

Okay..

I r m going to show you some exhibits

2J. later on and primarily a number of e-mails.

22 Did you look at any of the e-mails that


.23 were sent

24 this 11 Self

to you or .that you sent out concerning

Destruction o-f Ultimate Warriorl1 video in

25 preparation -for today.


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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 10 of 62


Kevin

Dunn

23 , 2009

April

23
')
,

ever, whether it was 2005 or be ore, having

the Warrior

2 discussions wi tb anyone about making

3 DVD?
.4

.I don It know.

Okay ~

I will

tell you that the nVD was

6 made in summer of 2005_.

that

7 Do you have any recollection -- does

had

8 help refresh your recollection as to when you

9 your first discussions?


iO

N 0 ~.'

II

Who mkes-- in 2005, who made .tbe

into

.l2 decisions what subj ec.ts were going to be made

l3home videos:?
/)

'14

The

those discussions were -- were a

l5 group deci sion..

l6
l7

And who was a part of that group?

Donna Goldsmith, who is in charge of

l8 consumer products i Vince McMahon, mysel, Jennifer

19 Good, maybe-- maybe others..


20

Who is Jennifer Good?

.21

She i S the vice president of television

22 programming.
23

Does she report to you?

24

Yes.

25

Is she directly under you?

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 11 of 62


April 23, 2009

.Kevin Dunn

3l
l employed by WWE?
:2

MR.

McDEVITT :

Obj ect to the form and

conclusion o employment.

You can answer.


MAYNARD :

6 BY MR.

Bot necessarily_

:s

c.:

Okay.

There will

times during the day

be

8 when your counsel 'will ODj ect to the form o the


9-

question.

He's making a record.

You can go ahead

lO and answer those questions unless e instructs you


LL not to answer..
l2

For instance, i I were to agk you a

L3 question about the conversa.tions you had with him


L4 and you were starting to answer.. Re' a. instruct you
L5 not to answer, and II d Buggest you follow his

16 instructions_
17 Do you understand that?
18

Yes.

19

Okay.

been DVDs that WWE

Have there ever

20 has put out that portray the'individual wrestler or


2l the character in a negative connotation?
22

I would--

23
24

MR. McDEVITT-:

I obj ect to the orm

of the question.

Go ahead, Kevin.

25

You can
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 12 of 62


April 23,2009
Kevin Dunn
3.2

answer.

I assume so..

3 BY MR. 'MAYNARD::
4

Are you aware o any as we si there?

Notnecessar.ily..

Do you believe that the Warrio.r video

7 portrays Warrior in a negative way?


8

I don It know..

Are you aware, as

we sit here, of any

iO vdeos put out by WWE that portrays an indvidual in

ii a negative way?
A

1.2

I--

l3

MR.. McDEVITT:: Again, I have to

l.4.

object to the form of that.

15

that J s so ambiguous I don i t know how

:16 .

someone would answer that~

I th.ink

But go ahead" Kevin, if you can.

l7
l8

Not that I know of.

.19 BY MR. MAYNARD:


20
21

Okay _

Is it 'fair to say that generally

that are put out by WWE concerning

the videos

about the wrestler J s

22 wrestlers are positive

23 career?
24

Ilm not -- I1m not sure.

2S

Are you aware of any videos ,for

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 13 of 62


April 23,2009
Kevin Dunn

38

Laurie Calabrese..

Did Laurie Calabrese eport to you?

No.

-4

I'm going to get thi s name wrong i but it's

5 Kieran Bent.?
6

Yes.

Who is that?

Who did he report to?

10

I believe Laurie Calabrese.

II

Does he

home video.

He's an assistant -producer in

l2 today?
A
l3
l4
Q
_m-T5 ... .m... .. . .... m-A m

continue

to

be with the

business

Yes..
What's his position today'?
":1 don.'tm-xTIOw.-:'

l6
l7

Does he report to you at all?

No.

l8

Do you work with him at all?

19

A.

No.

20

Dan Pucherell i?

2l

Yes.

22

What was his position in 2005?

23

I don i t know.

24

I s he wi th WWE today?

25

Yes.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 14 of 62


23
April
Kevin Dunn

, 2009

42

A lot of this appears to have been

.2 redacted..

3 But there IS the :buiiet point that J s


-4 noti i.t saysi "Ultimat.e Warrior make this

5 controversial."

Do you see that?


7

Yes..

Do you have any understanding ofw'hat that

.10

meant?
A

I think i t would --

II
l2
l3
l4

MR..

McDEVTTT:: ;Agai~n, I object.

Make it controversial.
MR.. McDEVTrT-:

Form~

Foundation"

...-l--.--B- .MR,. .....MA-YNA.RD";...._..

l6
l7

does that mean to you?

What

That means make it controversial, make it

18 interesting, make it marketable.


19

Do you consider your WrestleMania DVDs are

20 interesting?
:21

Yes.

22

Do you consider tha.t they J Te marketable?

23

Yup.

24

Do you consider they 1 re controversial?

25

Not necessarily, but they could be.

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 15 of 62


April 23, 2009
Kevin Dunn

43
/

L
2

that goes into making something controversial i other

than interesting and marketable?

4
5
6

Q i s there some other element ~n your mind

Not necessarily.

I don i tknow .

I don It

know how to answer tbat question.


Q

Did you ever participate i.n

Okay~

McMahon concerning the

conversations with Mr.

Warrior DVD when you discussed making t.he DVD

controversial?

10

A. Not that I recall.

i1

Q Did you ever have discussions

wi th anyone

12

at WWE concerning the Warrior DVD abou.tmaking it

13

controversial?

l4
l5
l6
l7
18

19

A Not tbat I recall.


QTofo=i_lq'\ ..1:.P on_ E_~J:i!?it. No. l i it
says, "Will he participate?"

Andthen after t.hat, i tsays, "Why did he


self destruct?"

Do you see t-hat?

20

A Yes.

2l

Q Do you have any

22

understanding of what .is

meant by "Why did he self destruct?

Again, obj ection.

23

MR. McDEVITT:

24

Form and foundation.

.25

MR.MA YNARD :

I understand,

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 16 of 62


April 23, 2009
Kevin Dunn

44
-i

Form is just ine_

MR. McDEVITT~

It's

He didn It write the document.

You

are aski.ng him to explain


MR. MAYNARD.:

7
8

It 'snot form.

foundation.

5
6

/"

Jerry. I understand your obj ection..

I know exactly what I'm

asking him.

And if he can answer it, he can

iO

answer i.t. And if .he can't, then, he

11

ca'ni.t.

l2
l3
l4
l5

MR. .McDEVITT: :He di dn' t write -the

document ..
MR. MAYNARD:: I s that right?

MR. McDEVITT: How can he explain

16

what she meant?

l7

MR. MAYNARD:

18

He may have had

conversations _
MR. McDEVITT.:

19

If you want to ask him

20

i he had conversations, then, go

21

ahe ad.

22
23

MR.

And I will ask him

that..
MR. McDEVITT:

24

25

MAYNARD .:

But your question is

asking him to explain what the author of

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 17 of 62


April .23 i 2009
Kevin Dunn

45
the document meant that he didn't

wri t e .
.I didn't ask him what

MR. MAYNARD::

the author meant.


MR.. McDEVITT:: .I think you did.

MR. MAYNARD.: No, I didn't.

MR. 'McDEVITT; I think you did.


MR.. MAYNARD:: If you wan.t it, we'll

rad the question back..


understanding

I asked him what his

was..

And

he can either tell TIe or he

can't..
'MR.. McDEVITT: You are aski'ng his
somebody ~else

understanding of

what

wrot e..
MR. MA YNARD;Tha t' sri gh t.

MR.. McDEVITT; That he di dn 1 t

write -MR. MAYNARD:: I understand~

MR..McDEVITT: -- or receive~
MR. MAYNARD.: I understand..

MR. McDEVITT: There's no foundation


for that question..

But if you can answer it i Kevin, go

ahead.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 18 of 62


April 23, 2009
Kevin Dunn.

46

MR. MAYNARD:

I would appreciate

it, though, ~ you quit doing speaking

obj ections.
MR. McDEVITT:

I 'il "'not doing speaking

obje cti ons ..

5
6

TheBe are self-evident

obj ections, and any lawyer would

8 know.

MAYNARD.: .

9 BY MR.

iO

Go ahead..

II Do you have an understanding of what is


l2 meant by "why did he sel_f destruct".?

l3
l4

MR. McDEVITT::

Same obj ection..

My understanding would be to put -- to

15 explain why he self destruc.ted in the video.


l6 BY MR.. MAYNARD:
17

having

Do you have any understanding

he , Warrior, self

l8 worked on this Warrior DVD that

19 destructed?
MR. McDEVITT:

20

21 foundation.

Again, obj ect for

22 You haven It established tha.t he

23 worked on the Warrior video.


24 BY MR. MAYNARD:
25

Can go ahead and answer.


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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 19 of 62


April 23,2009
Kevin Dunn

55

/-

.L

you, "What are Warrior's beefs with tbeWWE?"

Do you see that?

2
3

A Yes.

Q Did you respond to

A I don't know.

Q What, if anything, did you understand were

Warrior i S beefs wi ththe WWB'?

9'

10

'\

here..

Well, newas no longer

So I would assume that he had beefs.


Q

Okay.

Ms. Good is somebody who reported

to you at this time.

Correct?

A Ye.s..
Q She seems to be asking you that

15

l6
l7
l8

understand what those beefs were.

19

were, if you did?

question, .implyingthat she thought you might

What did youundeTstand those beefs

A Ohi I - - I disagree with your

20

.22

as sumption.
This

23

Mitchell and

24

future without question.

25

about.

2.1

And he was

here, not here, here, not here some amount of times.

II
l2
l3
l4

her?

this e-mail is about Heather

what we were going to do with her


That's what this e-mail is

The Warrior stuff is an add-on at the

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 20 of 62


April 23, 2009
Kevin Dunn

56

end. I wanted
2 Warrior.

to talk to her about editing

to 'keep

3 At this point we -were trying

Our - - ~we were doing much

Heather with our company..

5 more characterOdriven stuf, and Heather. liked doing

6 mOTe human-being rela.ted stuf.

7 So the question is how are we going to


happy and do you

8 keep Heatherhereandkee.p her

the Warrior video because

9 think .we should throw her

LO tht would be someth~ng that she could sitik' her


II teeth into. That's all I i m getting at. This is

all

l2 about Heather_

l3

Okay_ Heather liked doing -- at this

l4 particular time, heather liked doing things that was

lS based upon the individuals?

l6
l7

Individuals and how it .thread through

their characters_

It's the magic of -- of what we

can't

l8 do, what i s real., what i s not real., you

19 tell.
20 T.hat i s where - -that IS where you get some
2l interesting stuf, and that i s what Hea.ther liked to

22 do. At this point, Vince -was moving much

23 more much more away from that and much more into

24 character-dri"ven stuff.
25

Okay.

Is it fair to say that you and

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 21 of 62


April 23, 2009
Kevin Dunn

57
')

Ms. Good 'were talking about Rea ther being invol vea

2 in the Warrior DVD because this was going to involve


3 'him as an individual '?

5
6

I'm .sorry.
What was the question again?

Is it air to say that you andMs_ Good

'7 were ta'lking about getting Heather involved in the


to be

8 Warrior DVD because that video was going

9 dealing wi.th Warrior a.s an individual rather than

lO character driven?
II

Well, first Df all. she ~rote this to

l2 me. I don i t know what we were talking about at

l3 all.. This was her opinion..


,/

l4

If that -- if you are asking me is that

.l5 what Jennifer was thinking?


16

I sthat your unders.tanaing of it based

l7 upon the e-mail?


18

You could take it that way, certainlyi the

19 way this reads_


.20

Okay.. At

the very end, thoughi

21 nevertheless, she does say, "Who should reach out to

22 Warrior for this proj ect, and what are Warrior's


23 beefs -wi ththe WWE? II
24

Right.

25

She seems to be a~king you those two

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 22 of 62


April 23, 2009
Kevin Dunn

67
/"
I

.2

A H.e' s a television announcer ,works -for me.


Q Was he a television announcer in 2005?

A Yes.

Q Okay.. And you don It recall having any

conversa.tions with him about the Warrior DVD'?

A .I do not.

Okay..

what IS been marked as

I'll show you

Exhibi t 6.

(THEREUPON, PLAINT'IFF i S EXHIBIT

LO

NO.6, E-MAIL DATED 5/6/ as FROM

ii
l2
.13

14

FOR

JENNIF.ER GOOD, WAS MARKED

IDENTTFICATION.. )
BY MR.. MAYNARD::
Q

All right_

the

This is an e-mail again on

15

same date ,May 6, 2005 i from Jennifer Good to you

16

giving you Warrior i s phone number.

l7
l8
19
.2 0

21

22
23

. it says , "tracking, recipient read."


Do you have an understand.ing of what that

shows?

A What it shows is tracking recipient read


Dunn/Kevin read6/28/05:1:1~04 a.m~

Q Does this indicate to you that the first


time you read this e-mail was on June 28?

24
.25

You'll also 'note

Or is tbis a subsequent reading of the

e-mail?
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 23 of 62


April 23, .2009
Kevin Dunn

.i".'\

73

l
2
.3

Q Do you have any understanding as to why he


thought that?
A I believe that Mr. Ross considers himself:
the wrestling business, and he has a

an authority in

lot of: opinions.

Okay.

4,

On theirst page of Exhibit No..

it says at the bottom, there's an e-mail rom Donna

Goldsmith to Jennifer Good and Joel Satin

10

on

May 'ii th at 8: 54 in the morning.


really K.D. and V.K.M."s call.1I

It says, "It'.s

II

That i s you and Mr. McMahon.

l2

Ri ght?

l.3

A Yes.

i4

Q And 'she

goes onto say/"I .thought (you


that we had a poor .relationship

15

would know mOTe )

16

with U.W..,"that being Ultimate Warrior..


Do you see that?

17
18

A Yes..

19

Q Okay. At the very top, which would be the.


's from Joel Satin to

20

last e-mail on

21

Jennifer Good dated May llth, 2005, at 3:26. It

.22

says, "Will need a replacement.

23

to Shane, and he doesn i t think that Warrior iS

.24

involvement is necessaTY."

25

this

Would that

string,

it

Call me.

I spoke

be Shane McMahon?

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 24 of 62


Kevin Dunn
April 23, 2009
83
\
. i

MR. MAYNARD::

BY MR.. MAYNARD:

Q Let me see if I can put it in context

3
.4

Ilve got you..

then.

You - - you learned that Warrior wanted

5
6

some --to do some interviews' with WWE, including

vince McMahon for his video.

Correct'?

And then you had this

10

meeting wi th the

products legal and TV--

group from consumer

II

ARight.

l2

Q -- and it was decided not to assist?

l3

A Right.

l4
l5
l6
l7
l8

Q Okay. And .then, after that, you contacted

2l

which was, as you

side of the story on your video

is going .towind up being

say here, which basically

the r.ise and

fall of the Ultimate Warrior.

Do you see that?

19

20

an opportunity to give his

Warrior and offered him

A Yes.
And in your discussion with

Q Okay .

22

Warrior, he then asked you about - - again about

23

participating in his video, WWE participating in his

24

video..

25

Correct?
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 25 of 62

.Kevin Dunn

April 23, .2009

84

Yeah.

Did you tell him when you talked to

him

3 that the decision had already been made not to

4 participate in his video?

5 A I donI t recall_
6 Q The last sentence of the thiTd paragraph
the

7 says, "I told him he would hear back rom me by

8 end of this week."


9

"Again, he

And t:hen, it goes onto say,

iO really wanted to talk ~ersonally to Vince, and I got

II

Please let

the eeling it was about doing busines s.

know if you need anything el-se.ii


l3 Did you get back to Warrior as you

l2 me

14 reference in this e-,mail?


l5

I -- I don't recall.
but

l6 I assume I did.,

I do.n' .thave a

l7 recollection of it_
18

Okay.

Now i it loo.ks like you've got an

to you on June 5th at

19 e-mail from Mr. McMahon

.20 lJ.: 13 p.. m..

2l Do you see that?


22

23 page..

MR. McDEVITT::

Mi ddl e of the

24 BY MR. MAYNARD:
25

It i S in the middle o the page.


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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 26 of 62


April 23, 2009
Kevin Dunn

93
/_.-

You just don i t have any recollection of

2 talking to Hunter?
3

None..

.It then goes on and says, 11Be

aggressi ve..

Pat apparently j usthates Warrior and

6 that's why.."

7 Do you know who the Pat is?


A
Q

meant by

II

why" ?
A

l3 Warrior and that's why he won-' t do the


l4 int ervi ew.
/

iS

Okay..

It goes on it says, "K. D_ said he

16 would approach him again,.l1


l7 Did you approach PatPattersn about doing

18 an interview?
19

I don't know"

20

Okay.

And when it says" again, II it sounds

.2l like you had approached him at least one time?


22

Yup.

23

Do you recall approaching him at anytime

24 about doing an interview?


25

I do not.

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 27 of 62


April 23,2009
Kevin Dunn

94

:Do you know whether he did do an interview

.2 for the Warrior DVD?


3

I don,.t.

It says remind me to __II remind me to

5 remind ieD.. or plant the bug in Kasama i sear.."

Do you see that?

6
7

Yes..

Do you have anyunderstanaing what that

9 means?
iO

Yes.

lL Kasama is a producer that regularly


l2 travels on the roadi and she's an aSBistant out
l3there.. And she - - it! s her j obto remind people of
l4 a -1 at of things.

l5 So i twould be a .thing where either remind


to

l6 meta Kevin

talk to Pat and Hunter or

plant the

17 bug 'in Kasama' sear, and she! lL remind K.D.. to do


l8

it.

There's a lot going on at TVs genera'lly.

19 (THEREUPON, PLAINTIFF'S EXHIBIT


20 NO.l3, E-MAILS DATED 6/9/05, WAS
2l MARKED FOR IDENTIFICATION~)
22 BY MR. MAYNARD::
23

Let me show you what I've had marked as

24 Exhibi t No. l3.


25

Okay.

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 28 of 62


April 23, 2009
Kevin Dunn

95

Okay .

the very bottom, it's an

Again , at

2 e-mail from Jennifer Good to you on June 9th about


vince interview tor Warrior.

It says, !'Hi X~D., you

4 told Beth or Vince you would talk to Pat and Bruce


5 :for info to refresh his memory for his interv.iew

tomorrow.

Was this done? Do I need to do

7 anything_. "

Al.l right.

Who is the Pat that's being

9 ref erenced, if you know?

10 .

Pat Patterson.

II

Okay. Does

this help refres'h your

l2 recollection that you did talk to Pa.t Patterson

l3 about the Warrior DVD?

l4

No.

15

Do you haveanunderstandi.ng of who

16

the

Bruce is?

i7

Bruce Prichard_ Bruce Prichard.

l8

Who is Mr. Prichard?

19

Well, he's no long.er with our company.

20 But both he and Pat had a direct cTeati ve working

that

21 relationship with Vince during the years

22 Warrior wrestl ed for us_


23

Did you talk to Bruce Prichard?

24

25

You have no recollection of that?

have no idea.

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 29 of 62


April 23, .2009
Kevin Dunn

96
1

'None.

.2

Does this re:fresh your recollection that

3 you were to talk to ~at Patterson and Bruce ~richard

4 in an effort to help Vince refresh his recollection

5 before he did the interview?


6

without question.
Okay-. And if Vince had asked you .to do

8 tha-t, wouldn It you .have done it?


9

10

ii done it?
A
l2

l3

Absolutely.
. You just have no recollection of having

Nope.

having sat

Do you have any recollec.tion of

to help him refresh his recollection

l4 down with Vince

lS before he did his interview?


16

No.

l7

Did you

participate in vince i s interview

l8 about the Warrior DVD?


19

Not that I recall.

20

At any time di d you - - s trike that.

2l This -- do you have any recollection o


before he

22 getting information for Vince to help him

23 did his interview concerning the Warrior DVD?


24
25

I have no recoilection of tha t ~


If I said I was going to do it, I would

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 30 of 62


April 23 i 2009
Kevin Dunn

97

ibet you I did i t~.


2

So based upon thi.s e~mail, it would appear

3 that you did talk :to Pat .Patterson and to Bruce to

4 get information to help Vince prepare for his

5 DV.D?
.6

That i sright.

MR. McDEVITT:

Obj ect to the form and

8 the oundation.
9 BY MR. MAYNARD:
10

I s that correct?

II

That'.s correct.

That IS what -- that's

l2 what 1: would think happened.

l3 I don It - - I doni.t have 'a recollection


l4 that it did .happen.
15

Okay.. But you don It have any reason to

that it happened --

l6 doubt

17

No.

18

-- if you were asked to?

19

That i S right.

20

And you don i t have any reason to doubt the

2l authenticity of this e-mail, do you?


22

That i S correct~.

23

Okay.

And

i do not.

then when -we go to the top

24 e-maili which came later on June 9th at 2:27, you


.25 say - - you are writing to

Jennifer Good and you

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 31 of 62


April 23, .2009
Kevin Dunn
98

1 say, "Would you mind calling Bruce to get his

sheet.

.2 recollections on your fact

3 'II "m sure he will have additional


4 information regarding your sheet that V. K.M. will

5 want,,'"

6 Do you see that?


7

Dh-huh..

"Yesll?

Yes.

What i.s the fact sheet' that you are

10

ii referencing there?

l2

Well, I assume that fact she.et is

l3 a -- is a document that i-ists out timelines and


so Vince can see

l4 incidents and things that happens

him recall what

l-5 it and recall w'hat happened -- help

16 happened so he can do his interview.


17

Does

this help refresh your recollection

l8 that when individual sat WWE a.re interviewing people

19 for DVDs, that at times those interview- - those

having .their

20 people who are being interviewed are

21 recollections refreshed by giving -- by being given


22 certain information?
23
.24

It's very unusual.

.In fact, I dare say this is the only time

25 that would have ever happened.

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 32 of 62


April 23, 2009
Kevin Dunn

99
\
!

This is

the only

time you remember i.t

2 happening?
3

Only with Vince, only because he i s got -so


Thi s has happened more than once

much on his mind.

with Vince, chairman of 'a company..

can't remember all

the stuff.

He i S busy..

He

So we do factshe-ets.

7 We remind 'him and he does his in-terv.iews..


8

Is it routine .before Vince does an

9 interv.iew that people at WWE would prepare a fact


be prepared

lO sheet or a chrotiologyso that he would

lL before his interview?


12

.A

Yes.

L3

And does this refresh your recollection

l4 that that was done in this case?

iS

Well i obviously it was.

I don 'thave a

l6 recollection about it, though.


17

But it's clear to you that it was?

18

Yes.

19

Okay..

Do you recall ever seeing the fact

20 sheet?
21

No.

22

You then go on to say that IIVince is

23

expecting this feedback.

So if you can't get it,

24 please let me know. II

25 If they couldn i t get it, what would you


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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 33 of 62


:Kevin Dunn

April

23 , 2009

iOO

L have done?
2

Get it.

not getting

know , if you are

4 say, you

a line to

that was basically

i mean,

this task

5 done, let me know so I can m~ke sure it gets

6 done. It needs to get done.


7

And then you sai d, "For your

week.

next

Bruce is coming back to work

B information,

Pat and. get you .some

And I will call

lO alditional information." .
II Again, this doesn't rere sh your
l2 recollection that you ever talked to him?

l3
l4

A
Q

Absolutely not ~

Okay..
have

l5e-mails, you

But you have -- based upon these


no doubt .that you did

talk to

l6 'him?
.17

That i S correct.

18

Okay..

And when it says, "Bruce is coming

19 back to work next week," was there a time period


.20 when Bruce Prichard was not working for WWE?

2l

Yes.

.22

Bad he been gone for a number o years, or

23 do you recall?
24

I don't know if it was a number of

25 years.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 34 of 62


April 23, .2009
Kevin Dunn

(-,

, )

lOl
Bruce has been back and forth with our

I - - I believe this would be

company several times.

off of vacation, qui te frankly..


Okay.

,"

A But the :fact is he's been of:f ana. on

several times.

Okay.

So at least as of .2 005 i is it your

recollec-tionthat Bruce Prichard was actually

working for WWE?

A Yes.

10

ii
l2
l3
l4
l5
l6
l7

Q And as of the

What isi t that

two _.- strike that.

Bruce Prichard did for

WWE .?

A Well7 he did a loto:f things, a lot o:f


point

things. He's done everything from - - at one

he managed TV studio~
He was on the creative team several

18

times..

19

done any number of things for our company.

22

He' .s

Q And what is i tthatPat .Patterson did for

20

:2l

He was .working in talent relations..

WWE?
A

Pat was in charge of talent at one

23

point, and he was

24

crea ti ve i and he helped produce action at our

.25

events.

helped Vince with

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 35 of 62


April 23, 2009
Kevin Dunn

l02

/"

What does that mean "produce action"?

He.lps o - - the execution of wrestling in

3 the ring..
4

Did

these e-mails that we Ive 'been looking

refresh your recollection .that you

5 at so or help

6 did

have something to do with the creation of the

7 Warrior DVD?
8

I said.

I stand by what

I had very little to do with it..

10

Okay.

II

This is little stuf_

l2
l3
l4

record,.

15

end.

MR '. MAYNARD:

I think

l6
l'1

the tape is about to

THE VIDEOGRAPHER:

This is the end of

tape one.

l8
19

Let i S go ofthe

Going off the record, the time will


be ll: 2 1 ..

20

(THEREUPON, THERE WAS A RECESS

2l

TAKEN. )

22

THE VIDEOGRAPHER:

23

record~
This is the beginning of tape

24

25

We are back on

two.

The time will be 11: 29.


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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 36 of 62


April 23, 2009
Kevin Dunn

l03
You may continue..

1
"2

BY 'MR_ MAYNARD::

Q Before we broke, we were look~ng at

3
4

Exhibit No,. l3, which there's some e-mails that you

were invo'lved in concerning Mr.. McMalon IS interview

for the Warrior DVD,.

And if I recall correctly, you - - you just

don i t recall having discussions with

preparing him:for the. interview :for the Warrior DVD

10

other than what's 'on this -e-mail.

ii

Is that correct?

A That's correct_

12

him about

l3
l4
l5

did partic~pate in his

e-mail, you believe that you

for the DVD?

preparation

A No.:! did not participat.e in his - - in

16

l7

But based upon what's on the

Q Okay..

his

preparation .
I -- I attained the information so he

18

19

could be refreshed.

20

for him.

21

I helped get that information

Q When you would help obtain that

22

information, you would have gotten that from Pat

23

Patterson and Bruce.

24
25

Is that correct?

A I don i t know if I would have personally

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 37 of 62


April 23,2009
Kevin Dunn

l07
A I may hav.e.

Sorry.

MR_ McDEVITT:

Did you say a DVD or this DVD?

MR. MAYNARD: A DVEJ.

MR. McDEVITT:: Any,.


A I may have,.

BY MR.. MAYNARD.:

.Q What role would you 'played?

A I

LO

a suggested list..
The titles I may have c'hosen one.

11

Q Was it generally - - strike that ~

l2
l3
14

may have picked thet.i tle out of -- off

Wa.s there any particul.ar format that was


:followed in pick::Lng .the titles for a DVD?

,/

A No.
Q Was there a process by which people would

l5
l6
l7 .

come up with various names and throw

18

and

19

A That happened.

20

2l

them out

I don't think it was a process_

But,

yeah, that would definitely happen..

22

Q Okay..

23

A Suggestions for name titles virtually for

24

everyone, there's a suggestion list for name

25

titles.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 38 of 62


April 23,2009
Kevin Dunn
. .

l08

Okay.

2 (THEREUPON, PLAINTIFF'S EXHIBIT


3 NO.. l4 i E-MAIL REGARDING TITLES OF

4 nVDS, WAS MARKED FOR


5 IDENTIFICATION.. )
6 BY MR. MAYNARD:
7

Let me snow you wnat Ilve had marked as

8 Exhibit No. l4_

9 Rave you ever seen .thisexhibit


lO before?
A
'll
l2
Q

No_
Okay..

Does it appear -that this :is tne


most WWE DVDs would have been or

l3 process by which

at WWE would have been looking at -titles or

l4 people

l5 WWE DVDs?
16

I don i t think thist:he general

l7 process..

l8 I thinkthis happens often.


19

And in this case ,what it appears to be is

20 an e-maii where different individuals that ,were


up

2l involved in the production ofthi s were coming

22 with names.

23 Is that ~orrect?
24

That's correct.

25

And the individuals who are receiving

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 39 of 62


April 23, 2009

.Kevin Dunn

l09
/

copies of these, these were all WWEemployees?

.A Yes..

Q Okay.
MR. McDEVITT:

4
5

with theLi t.tle Warrio.rs i we wouldn't have

been sued?

have .

MR. MAYNARD.: Might

MR_ McDEVITT: Dances with the Little

Warrior.

9-

lo

(THEREUPON, PLAINTiPF i S EXHIBIT

ii

NO. l5 i E-MAIL DATED 5 /l 7 / 05, WAS

l2

MARKED FOR IDENTIFICATION,.)

13
)

So if we went Dances

J3YMR . MAYNARD.:

Q Let me show you what I've had marked as

14

This is a two page document and again

15

Exhibit .15 .

16

this is an e-mail rom Laurie Calabrese to Jennifer

l7
l8

Good copied to a number of people wi th Ul t.imate


Warrior title suggestions.

19

20
21

22
23

24
.25

Have you ever seen thi s document

before?

A N04
Q The document, the e-mail is dated
May l7th, 2005..

Is it routine for people who are working


on the DVD to start coming up with ti tIe suggestions

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 40 of 62


Kevin Dunn
April 23, .2009
1.10

L a month or more before the DVD is finished?


A

Yes_

3 (THEREUPON, PLAINTIFF J S EXHIBIT


MARKED

4 NO. 16, E-MAIL DATED 5/13, WAS

5 FOR IDENTIFICATION.)
6 BY MR. MAYNARD:
7

Let me show you what I i ve had marked as

8 Exhibi t 16. Agai-n, what it looks like the bottom


from

9 -part of the e-mail is

May

13.

10 . But somebody is adding another

the

II suggestion, Ultimate Warrior, the Man Behind

l2Paint _
.

13

Have you ever seen this e-mail

l4 before?

l5
l6

A
Q

.No..

this

When it says, "Hey, Laurie, maybe

17 would work for U. w_ instead of R. W. TI

.18 Do you know who that i s a reference

19 to?
20

R.
MR.. McDEVITT .:

Objection --

24

MR. McDEVITT~

Obj ection to

25

foundational knowledge..

2l
2 2 BY MR. MAYNARD:
23

R..W. ?

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 41 of 62


April 23, 2009
Kevin Dunn

III

A I don It.

BY MR. MAYNARD.:

Q Do you ever - - strike that_

Did you ever have any conversations wi th

4
5

anyone concerning the Warrior DVD being titled

"Ultimate Warrior the Man Behind t.he Paint Ii?

A Not that I recall_

Q From looking

/;

at that particular -proposed

title "Ultimate Warrior the Man.Behind the


that tell you CJr does that give you an

10

Paint, II does

-ii

understanding that this DVD was going to be about

L.2

Warrior.,

l3

not the character?

the -person who played Ultimate 'Warrior and

14

.MR.McDEVITT:: Again, lack o

l5

foundational knowledge what he meant by

16

this.

l7
l8

BY MR. MAYNARD;

19

Q Okay.

A I just don't know_

(THEREUPON, PLAINTIFF i S EXHIBIT

20

2l

NO_ 17, E-MAIL

22

MARKED FOR IDENTIFICATION.)

23

24

REGARDING TITLES, WAS

BY MR. MAYNARD::

Q i III show you l7.


.

25

Have you ever seen this before?

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 42 of 62


April 23, 2009
Kevin Dunn

ll2

No..

And the first paragrapn it says i

"Wow, great..

Thank you very much.

Will you be

today.. " '11

4 sending another ECW cover

5 Do you know wl1at "ECW cover" referred

6 to.?
MR. McDEVITT:: Again, lack of

7
8

he can speak to..

foundation that

This is no.t an e-mail he

drafted..

II

MR.. MAYNARD:: Right.

l2
l3
l4

15

I assume it's about a ECW

MR. McDEVITT: Don't as SUIDe .


If you

Okay.

know , you answer.

I don't know.

l6 BY MR. MAYNARD:

l7 Q Have you ever .seen the .three letters i


at WWE.?

l8 "ECW," refer to anything in particular

19 A Yes_
.20

What is "'ECW" refer

2l

It IS a brand at WWE called

to?
"Extreme

22 Championship Wrestling."
23

Okay.

Show you what i i ve had marked as

24 Exhibit No_ l8_


25

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 43 of 62


April 23, 2009
Kevin Dunn

ll3
(

3.

NO. LS, E - MATLFROM JENNIFER GOOD

DATED 6/l/05, WAS MARKED FOR

.IDENTIFICATION.. )

A Okay.

BYMR.. MAYNARD::

9
LO

II

;
;

(THEREUPON, PLAINTIFF'S EXHIBI7

l2
l3
l4
iS
l6

Q Okay. Have you ever seen this document


before?

A No.
Q Do you have any understanding of what
Ms.. Good meant

when she .said,

up wi th another, quote i ri.s e and f all of another


Ultimate Warrior end quote II?
MR.. McDEVITT::

19

Objection to form and

foundation.
That i S asking him to speak for

17
18

III 1m afraid we'll wind

someone else..

A I don It .

20

MR.. .McDEVITT::

2l

(THEREUPON, PLAINTIFF i S EXHIBIT

Sorry, Kevin..

22

NO.. 19, E-MAIL DATED 6/16/05, WAS

23

MARKED FOR IDEN7IFICATION.)

24

25

'By MR.. MAYNARD:

Q I'm going to show you what .I've had marked


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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 44 of 62


April 23, 2 009
Kevin Dunn

il4

L as Exhibit 19..
2

All right..

Okay..

This is an e-mail from Jennifer


June l6th, .2005..

4 Good to you dated

5 Do you recall receiving this e-mail2


6

I don't..
Do you have any reason

to doubt that you

8 received it?
None.
A
9
10

Okay..

Was it typical or is it typicai :for

to send you a

II the people that are producing a video

l2 list of .names :for approval?

l3

.I

don' t think it i s "typical..

I thinki t happens a lot..

l-4

lS

Okay.

If WWE is doing l4 pay-per-view

videos a year ,those are already

16

thosetitles are

decided .

l7 already

l8 Correct?
19

Yes..

20

Bothe other l4 that are out there may not

2l be decided or they may, depending on what the video

22 is on, for instanc~ if the subject matter is the

23 hall of fame.

24 Correct?
25

Corre ct .
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 45 of 62


April 23, 2009
Kevin Dunn

ll6

/---~".

I think we are marketing that there was a


through his

2 huge star that had a meteoric rise

3 career and just as quick a fall_


4

Had WWEeverusedthe ri"'se and fall o a


star in the title o a DVD?

5 particular

No.

Had WWE ever usedt.he phrase lIself

8 destruction" ina t:itle of a DVD before the Warrior

9 DVD?
iO

I don It 'know.

ii

Has W - - Etr~ke that_

l2 Has WWE ever done any DVDs or home v-ideos


got there.?

l3 before you

l4

'In

other words, lia ven 't you been, at

l5 least,' responsibl,e in part or the DVDs that are

l6 sent out?
'17

Yes..

18

Are you aware of any other DVDs that use

19 the phrase" sel destruction" in them?


20

.A

I'I m not aware.

2l

What did you do with Exhibit No. 19 when

22 you recei ved it?


23

I have no recollection.

24

Do you recall ever discussing with

25 Mr. McMahon what the title of the DV -- Warrior DVD

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 46 of 62


Kevin Dunn
April
23 , 2009

ll7

(\

would be?

I have some recollection oftbat.

3 Yes.
4 We had discussion about it..
Tell me what you recall about tha.t
5.
Q
6 discussion.
7

I said~ Vince~what should we call the

any

8 title -- wha.t we should it? Do you have

9 suggestions.?
'I'm sure i gave him some suggestions, and

10
.11

then

l2

he chose the title.


Q

This

June 16 memo to you, it'sthefi-rst

l3 one that I i ve seen that i s been produced to me that

actually sent to

l4 shows tha.t suggestedti tl.es were

l5 you.
l6 Do you

recall recei vingany pr.ior to

17

No.

lB

Oka y.

19 June

16th, .2005, at 41126_

this?

This shows that you recived it on

Do you see that?

20

21

Yes..

22

Okay.

Do you recall that you would have

23 met with Mr. McMahon on June 26 of 2005 to come up


the Warrior DVD.?

24 with a title for

25

i do not.

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 47 of 62


April 23, 2009
Kevin Dunn

ll8

2 Bay?

MR.. McDEVITT:

did you

On what date

3 BY MR. MAYNARD.:
4

June 6th -- I 1m sOTry_


June l6 of 20 05?

5
6

I do not..

Okay.

8 (THEREUPON, PLAINTI FYI S EXHIBIT


9 NO. 20, E-MATL DATED .6/16/05, WAS

LO .MARKEDFOR IDENTIFTCATION.)
LL BY MR. MAYNARD:

l2

Le.t me sbow you wba t I i ve had

marked as

l3 Exhibit No. 20.

Okay.

14

on

Exhibit 20 iB a DVD written

to

you

L5 June L6, 2005, at 8.:06 intbe evening from

l6 Jennifer Good.

l7Do you see that?


18

Yes..

19

Okay.

And have you

seen this DVD --

20 strike that.

2L Have you seen this e-mail before?


22

I have not -- I don't recall it_ No.

23

You don I t have any Teasonto doubt that

24 you wrote it, though?


25

None.

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Free:

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i/..-~ .

Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 48 of 62


April 23, 2009
Kevin Dunn

l19
('''

JUTIe l6,

Q And it appears that as of

2005, the title for the DVD was goi:ngto be "The

Sel Destruction of the Ultimate Warr~or."

Do you seethat?

A Yes.

Q Approximately, three- and- a-half hours


19

earl.ier, you had been .sent -- oh - -Exh~bi t No..

which had a list o potential working titles..


During tha-t three-and-a-half o hour

10

period, did you go to Mr. McMahon iand discuss the

ii

ti tles with him?

l2
l3
l4

A I don i t know..

Q i believe you told me earlier today that


up wi ththe

Mr.. McMahon was the one who came

15

title, "The Self Destruction of th.e Ultimate

16

Warrior.. "

l7
l8

A Yes.

19

Q And that's still your testimony

20

Do you recall that?

today'?

21

A Yes.

22

23

24

25

Okay.

Can you tell me - - strike

that.
You told me a minute ago that you

recalled

having a conversation with him about the title.

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 49 of 62


23
April
Kevin Dunn

, 2009

l20

L Do you have any recollection that you


2 showed him Exhi.bitNo.. 19?
3

No..

Do youknw where Mr. McMahon came up

wi th

liThe Self Destruction of the Ultimate

5 the title,

6 Warrior"?
7

'No..

In the discussion that you had w.ith

9 Mr..

McMahon, do you recall him saying, Let's call it

lO"'The Self Destruction of the Ultimate Warr'ior "?

ii

Yes.

l2

Did

up

he tell you where he was coming

l3 wi t'h .that name.?

l4

I don't recall.

iS

Did he tell you

how he

the Warrior

l6 affect marketing of

thought it would
DVD?

l7 A I don It recall..
the

18 Q Did you have an opinion as to how

19 .title, "The Sel Destruction of the Ultimate


20 Warrior,

II would afect marketing of

the DVD?

21 A Yes.
22 Q What did you think?

23 A ~ think it i s a good title.


24 Q Why?
25 A Because it i S interesting.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 50 of 62


April 23, 2009
Kevin Dunn

/....

It's - - it i s

Do you think it gives a negative

towards 'Warrior?

3 connotation

l2l
it i S controversial..

I think tha.t's what makes it

5 controversial ~

6 You could take it negatively or

7 posi ti vely.
8

How do' you--

:9

That i s what makes controversy_

iO

How d you take the phrase

lL "sel-destruction" as a posit~ve.?
12

You could take it that way because you

l3 consider the source.


)

l4

What do you understand

15 "self-destruction"to mean?

l6 A Act.ions that cause your-- your sel to


17 self to destruct.
l8
i don't know.
19

20 about this

to Mr. McMahon

As somebody who talked

title and somebody who i s involved in the

21 marketing of WWE DVDs i did you i.ntend that title


to imply that somehow or

22 self-destruction was going

had destructed himself?

23 another this individual

24

25

MR. McDEVITT:

Aga~n, I obj ect to the

form and foundation of the guestion~

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 51 of 62

l22
. .,:....-:,:-. '~'.'",'

i.

not ,part

..Atr:i none o;fthes e - ~,th.i$ is

of the ca-se.. You keep wastIng time on

2..'

this.
BY

" .~'-.. ~,..., ., . ,./ .

'"

MR. 1\1\ y:,AR'Eh;" ";,,

..

";s.~l:;-";'Ji$'t:r\tct'i~;f:.'tVi~;~,' ;~'~9d-,:h 9 to'

;::;::::'th:e --'t:ti~:"'1t~''l'~~j?:~:a~",e:'E'~!"?ipiras.e'rs,,::

AIthii:f1k"'.t~.Ccoul. connote

.. ........._....__..._,.... ...... ."". ,....._,.__.._"'~._.."...~~..,~,~::-iti.,:"'_.._..;:'~,.,.."'..___~._.. ...... ." ........ .


", .;,.,.:..' :',"'"
think it could ctrpnellt that

the Ult

self destructed,.

-An.1 tJ;l~.S'i.qJlg thing istl:a~';$~,n;~~t~.J:~~;~\~;';:~

l4

WWE.

So

,t i':. .1"

. ;~:: .;" ,';

'r:.~.,~-,~q"i2"'-" .".....,n'",,"" ~'-. . .

they are.'.. 'S'aying he .sel:f destructed,.

iS
l6

Did he self destruct?

That

You have to consider the source_

l7 makes it controversial and interesting and good

l8 marketing"
.l.9.."

pQ

Had W.W..E, aS.Q:: 2005 when :Lta-JJl.s:p,QJ,ltw:i.tJ:J.

. ".____~__..____ _. _..,.. _ .. ,. ... ........________~_....__._._.__.__....____~_____.__...._.._HH..._H__ _

20 the Warrior nV.D,put out any DVDsaboutany

21 wrestler.sthat had any connotations simi'larto sel

22 destruct?
MR_ McDEVITT: Asked and

23

answered.

24
25

Yeah.

I don i t know..

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 52 of 62


April 23, 2009
Kevin Dunn

l23

i
2
3

BY MR.. MAYNARD;:

positive connotation to it?

.5

A To -- what is it?

You said --

Q To 'self destruc.t..
I mean, if ,someone were to say that Kevi'n

9
.

;'

think "self-destruc.tion1' has a

Q You

10

that ' s

Dunn sel destructed, do you think

posi ti ve?

II

A positive thing about me?

l2
l3
l4
i5
l6

Q Yes.

17

l8

A No.
Q Why not2

to

A Because I don,.t think anyone wants

des.truct on their own~

Q I'll show you what I've had marked as


Exhibi t 2l.

19

(THEREUPON, PLAINTIFF 1 S EXHIBIT

20

NO_ 2l, E-MAILS DATED 6/20/05, WAS

2l

MARKED FOR IDENTI FI CATION. )

22
23

BY MR. MAYNARD:

Q After it was determined that the title was

24

going to be "The Self Destruction of the Ultimate

25

Warrior i" did, you have any conversations wi th


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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 53 of 62


April 23, 2009
Kevin Dunn

l26

The producers do, in this case Laurie

Calabrese.

notes, those DVDs are -- revisions are made.

And

the DVD i gives

then Jennier reviews

She

.4 reviews it again, and it i B finali:2-ed.


'5

Okay _

So in this case ,

Jennier Calabrese

would have been the one who is producingi t --

Laurie Calabres.e.

Laurie Calabrese, and Jennier Good was

9 her bOBS?
iO

'fes.

L.1

And so she wouldhav-e -- C.alabrese would

l2 have :pU"t it together and, then, sent it .to Laurie

l3 Good or approval?

l4

Jennif er Good.

l'5

Jennifer Good..

16

Yes_.

l7

Okay..

Would Jennifer Good

then have to

l8 seek approval from anyone else before it was

19 marketed?
20

No.

2l

Were there any steps taken to make sure

22 that the th~ngs said in the DVD were accurate?


23

24

I donI t know of that for a fact i no.


Is

there a process by which WWE does any

25 fact checking on its DVDs before it sends them out

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 54 of 62


23 , 2009
April
Kevin Dunn

l27
/"
I

'.

\
I

to market ing?

A That i s certainly Jennifer Good IS


responsibility..
Q Do you have any understanding of how she

oS

would have satisfied that Tesponsibili tyO?

A I know she has a relationship with legal,

6
7

and legal has oft.en looked at these DVDs..

had conversations with them..

And she i s

Q Do you know whether or no.t she had

.9

10

conversations with legal in this' case before the DVD

II

went out to marketing.

A I believe she did,.

12

l3

Q Without telling

me the substance or your

l4

conversation, -What i s your basis or telli.ng me

15

tha t ?

I haven i tseen any e-mail.s..

16

17

ARight..

18

My basis - - recollection is

Jennifer told

19

me she was going to have this reviewed by

20

1 ega i.

21

Q And when you say "reviewedby legal i 11 is

22

it your understanding that it would have ~een done

23

in- hous e?

24

Yes.

25

And how many in-house lawyers did WWE have

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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 55 of 62


Kevin Dunn
April 23, 2009

147

('

A No_

Q Did you ever watch any o it?

A No.

Q I've got the - - I belie~e this is the

intro section that's up on thescree:n over here to

your right where it .says "The Sel Destruction o

the Ultimate Warrior. n

It says "play, chapter.s, extra.s,,"

Do you see that?

10

A Yeah.

11

Q Rave you ever seen that beore7

l2
l3
l4
l5
16

No.

Q Do you 'know who created the visual e.ect


or the .self-destruction, and then it ..looks .like
rom i t?

lines goin.9' out

A No..

l7
l8

19

Q Doe.s it --

20

A We do

2l

Q Would it have been somebody at WWE?

22

I'm assuming that l.s true.


everything in-house_

Yeah.

I was just going to ask that '"

Is it fair to say that everything with the

23

production of the Warrior DVD would have been

24

in-house at WWE?

25

Yes..

done

Yes.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 56 of 62


.April 23, .2009
Kevin Dunn

l48

the marketing on the

Okay. And' is all of

.2 Warrior DVD done in-house at WWE.?


3

I don i t know..

Are you aware of any marketing that is not

5 done in-house?
A

I 1m aware that retaileLs market product

7 for us.
8

Okay. 'The Warrior TIVD comes in a

9 particular box.

that hd__ve been designed by people at

lO Would

11 WWE?
L.2

Yes.

l3

The graphics, photograp1is and all of

that

l4 would be'
15

Yes.

16

-- from olks at WWE?

.17

Yes..

18

Is that correct?

19

Yes..

20

Okay. Do you happen to know whether or


have on .the screen right now

21 not the portion that I

the

22 at the very :beginning where it has the play and

23 chapters

and the extras, is that meant to depict a

24 broken or shattered window?


MR. McDEVITT:

.25

Again, obj ection.


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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 57 of 62


April 23, .2009
Kevin Dunn

()

15l

you recall it, just let me know_


to

.2 e-mail

Mr.. McMahon after you

You wrote an

had ta'lked to

Warrior , and in that e-mail you sort of related to

4 him the essence of your conversat..on and you said it


:s seemed to you that Warrior wanted to do business.

6 Do you recall that?


7

.A

Yes..
What did you mean by

the phrase lito do

9 business'l?
iO

What 'I meant by the.

phrase ii to do'

LL business ii is I ge.tthe impr-ession from the


to work again

L2 conver-sationthat the Warrior wanted

L3 in some capacity for us i wrestling-type capacity..


l4

So . you took .i.t then that the

Okay ~

l5 conversation you had with Warrior was a serious

L6 conversation?
l7

Yes..

18

Okay _

I asked you earlier today some

19 questions about whether or not there was any fact


20 checking actually done for the DVD, and Ithi.nk you
2L told me that ther might have been some through the

22 legal department.

23 Do you recall that question?


24

Yeah_
MR. McDEVI TT :

25

I11l obj ect to


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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 58 of 62


April 231 2009
Kevin Dunn

l52

that..
Go ahead you can answer.

.2

Yes..

4 BY MR. MAYNARD.;
.5

Okay.

any separate act checking

Is there

6 department, like TIewspapershave fact cneckers that

7 go out and check acts on things.


Does WWE nave any fact checkers or--

9 that i s their sole job?


MR. McDEVI TT.:

10

i obj ect to form and .

II

foundation to '.the incorporation of your

l2

statement in the question_

You can answer it i'f you can,.

l3
l4
iS

know o_

Not that I

MR. McDEVITT::

You obviously never

worked at the New York .Post..

16

l7

MR .

MAYNARD:

I did not.

l8 BY MR. MAYNARD:
19

Do you Know

when WWEproducers have -a

20 talent interviewed and the talent says something


the producers have those

21 about an individual, do

22 statements checked for accuracy before they put them


23

into DVDs?

24

I don It - - I don i t know if that happens or

25 not.
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Case 2:06-cv-00535-ROS Document 185-7 Filed 06/15/09 Page 59 of 62


Kevin Dunn
April .23, 200.9

l53
I know it i S Jennifer Good IS

L
2

responsibili ty .

Q What is her responsibility in that

3
4

regards?

A Is to make sure that there is everything

5
6

on a DVD fits within .the legal parameters of what we

need to

Q In this particular DVD, the Warrior

put out an entertainment DVD.

DVD well, strike that.

10

After Mr. McMahon was interviewed for the

11

Warrior DVD, did you

l.2

interview.?

talk to him about

the

A No"
Q Prior to bimbeing interviewed, do you

l3
l4

iS

recall ever having discussions wi th him about

16

whether WWE had ever terminated Warrior?

l7

A No..

l8

Q Did you have any discussions with

19

Mr. McMahon as to what the questions were going to

20

be

put to him

22

A No.
Q - - concerning Warrior?

23

A Nope.

21

24
25

Q Do you know whether or not anyone atWWE i


prior to the Warrior DVD being released,
back
went

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