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11
12
(CONFIDENTIAL - FOR "ATTORNEYS' EYES ONLY"
13
PURSUANT TO PROTECTIVE ORDER)
14
Pages 110 -119
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109
RAH A. BROWN & ASSOCIATES - (818)879-1420/(818)991-3508
(
1 MR. RAWLS:
Then I would designate that on the answer
2 to this question
as being "Attorneys Eyes Only" under that
3 protective
order.
4 So you
can answer that. It is just subject to
5 protective
order, if you remember the question.
6 THE WITNESS:
I was going to ask for detail or
7 clarification
of what you mean by whatever you said.
8 Quite frankly,
I can't remember what the question is.
9 MR. QUISENBERRY:
This is still under protection.
10 We'll tell you when it
goes off.
11 Q
How much revenue has Gener8xion Entertainment
12 received from Providence?
13 MR. RAWLS:
That's not the same question you've asked
14 before.
15 THE WITNESS:
Right. "Revenue" meaning all inclusive
16 with expensed money,
also?
17 Q
BY MR. QUISENBERRY: Yes. The entire amount
18 that
Gener8xion has received from Providence related to
19 the "The
Omega Code" as of this date?
20 A
Roughly one to $1.1 million.
21 Q
And taking just the revenue for sales of "The
22 Omega Code" aside,
how much does Gener8xion Enter-
23 tainment receive
from Providence for each sale of a video?
24 MR. RAWLS:
Well, objection. That assumes facts that
25 are not in evidence
that that's the way it's propounded.
110
CONFIDENTIAL -
ATTORNEYS' EYES ONLY - CONFIDENTIAL
1 MR. COATE:
Join.
2 MR. RAWLS:
You don't have to accept his
3 characterization.
4 THE WITNESS:
I would have to review the document. I
5 can't remember.
6 Q
BY MR. QUISENBERRY: Do you have any
7 understanding
as to how you are paid -- or excuse me.
8 Do you
have any understanding as to what the
9 payment from
Providence for revenue based on sales of "The
10 Omega Code" is based upon?
11 MR. RAWLS:
I need to hear that again.
12 MR. QUISENBERRY:
Actually, let me ask it again,
13 because I think
I said "based upon" twice.
14 Q
What is the revenue that you receive from
15 Providence
Entertainment based upon?
16 MR. RAWLS:
When you say "you"?
17 MR. QUISENBERRY:
"You" meaning Gener8xion
18 Entertainment.
19 MR. COATE:
Objection, calls for legal conclusion by
20 a lay person, and
probably ambiguous.
21 MR. RAWLS:
I'll join in the objection. I think
22 we're clear, but
we're continuing the "Attorney Eyes Only"
23 designation until
further noted?
24 MR. QUISENBERRY:
Uh-huh.
25 MR. RAWLS:
All right.
111
CONFIDENTIAL -
ATTORNEYS' EYES ONLY - CONFIDENTIAL
1 THE WITNESS:
The video sublicense from the best of
2 my recollection
is based on a royalty arrangement. I have
3 not seen the
executed sublicense between Providence and
4 GoodTimes,
so the specifics of that, I have no knowledge
5 of.
6 Q
BY MR. QUISENBERRY: What do you mean by
7
"royalty arrangement"?
8
A A percentage of revenues.
9 Q
What is the percentage of revenues that is to go
10 to Gener8xion from
Providence Entertainment?
11 MR. RAWLS:
Objection, calls for a legal conclusion.
12 It calls for an
expert opinion. And I don't know how else
13 to express it, but
it is compound.
14 MR. COATE:
Join.
15 THE WITNESS:
I am what would be classified as a
16 creative producer.
You're delving into very specifics
17 that I do not concern
myself with, and I have no specifics
18 on those.
That would be an interworking sublicense
19 agreement between
Providence and GoodTimes, of which, I
20 have not seen
that document.
21 MR. QUISENBERRY:
I'm going to ask the Court Reporter
22 to mark as Exhibit
302 to this deposition and put in front
23 of you a document
entitled, Notice of Deposition of
24 Gener8xion Entertainment,
Inc. With Production of
25 Documents.
112
CONFIDENTIAL -
ATTORNEYS' EYES ONLY - CONFIDENTIAL
1
(Plaintiff's Exhibit 302 marked for
2 identification
by the Deposition Officer and is
3 attached hereto.)
4 MR. QUISENBERRY:
My first question is going to be:
5 Have you seen
this document before?
6 MR. COATE: I'm going to object to the extent that
7 this
may call for attorney-client privileged
8 communications.
Just be mindful of not disclosing
9
anything that you've discussed with our offices.
10 Q
BY MR. QUISENBERRY: Have you seen this document
11 before?
12 A
I believe so, yes.
13 Q
Attachment A has several matters to be examined
14 listed on it.
I would like to call your attention to item
15 number 11. This
item states, "Any and all agreements
16 within your knowledge
pertaining to 'The Omega Code.'"
17 Does Gener8xion
Entertainment have knowledge of
18 an agreement with
Providence Entertainment pertaining to
19 distribution of
"The Omega Code"?
20 MR. RAWLS:
Objection. Agreement between Providence
21 Entertainment and
whom?
22 Q
BY MR. QUISENBERRY: And Gener8xion
23 Entertainment or
any other entity that Gener8xion
24 Entertainment knows
about?
25 MR. RAWLS:
Can I hear the question again, please.
113
CONFIDENTIAL -
ATTORNEYS' EYES ONLY - CONFIDENTIAL
1
(The record was read by the reporter as
2 follows:
3 "Q
Does Gener8xion Entertainment have
4 knowledge of
an agreement with Providence
5 Entertainment
pertaining to distribution of "The
6 Omega Code"
and Gener8xion Entertainment, or any
7 other entity
that Gener8xion Entertainment knows
8 about?")
9 MR. RAWLS:
I'll object to "pertaining to" as vague.
10 If you know, you
can tell him.
11 THE WITNESS:
I believe the question is asking me, do
12 I know or have knowledge
about an agreement with
13 Providence; yes, I do.
14 Q
BY MR. QUISENBERRY: And what are the terms of
15 that agreement with Providence?
16 MR. RAWLS:
I'll object that that calls for a legal
17 conclusion, and that the
agreement speaks for itself.
18 If you have an understanding
of those terms you can give
19 that to him.
20 MR. COATE:
Join.
21 THE WITNESS:
There are many terms in that agreement,
22 and I'm not sure
exactly which ones or what you're asking.
23 Q
BY MR. QUISENBERRY: Well, let's speak
24 specifically with
regard to the royalty arrangement with
25 Providence Entertainment.
114
CONFIDENTIAL -
ATTORNEYS' EYES ONLY - CONFIDENTIAL
1 What
is the royalty arrangement with Providence
2 Entertainment?
3 MR. RAWLS:
I'll object that it is vague and that it
4 calls for a
legal conclusion.
5 You can answer
from your understanding, if you
6 have one.
7 MR. COATE:
Join.
8 THE WITNESS:
I don't have a specific knowledge of
9 what the royalty
arrangement is because it is a very
10 complex document.
11 Q
BY MR. QUISENBERRY: Do you have any general
12 knowledge with regard
to what the royalty arrangement is
13 with Providence
Entertainment?
14 MR. RAWLS:
The same objections.
15 MR. COATE:
Just the term "general knowledge" join.
16 May also call for
speculation.
17 THE WITNESS:
My general knowledge is that there is
18 varying royalty
percentages based upon theatrical
19 distribution and
home video, and that they are different;
20 and those definitions
are over my head, as far as
21 understanding and
knowing the specifics of them.
22 Q
BY MR. QUISENBERRY: Is there anyone at
23 Gener8xion Entertainment
who understands and knows the
24 specifics of those
agreements better than you?
25 MR. RAWLS:
Objection, calls for speculation.
115
CONFIDENTIAL -
ATTORNEYS' EYES ONLY - CONFIDENTIAL
1 MR. COATE:
Join.
2 THE WITNESS:
Not at Gener8xion, no. Not an employee
3 of Gener8xion.
4 Q
BY MR. QUISENBERRY: Other than those employed
5 by
Gener8xion is there anyone who has knowledge of the
6
specifics of the royalty arrangement with Providence
7
Entertainment better than you
8
A Yes.
9
MR. RAWLS: Objection, calls for speculation.
10 MR.
COATE: Join.
11 THE
WITNESS: Yes.
12 Q
BY MR. QUISENBERRY: Who
13 A
Our counsel.
14 MR.
RAWLS: Excuse me. Same objections.
15 THE
WITNESS: My counsel.
16 Q
BY MR. QUISENBERRY: And who is your counsel in
17 that
regard?
18 A
Officially, Marty Barab; and unofficially,
19 Lawrence
Mortorff.
20 Q
Has Gener8xion Entertainment received any moneys
21 from GoodTimes Entertainment
based upon sales of "The
22 Omega Code"?
23 MR. RAWLS:
Objection, calls for speculation.
24 MR. COATE:
Join.
25 THE WITNESS:
GoodTimes sublicenses directly to
116
CONFIDENTIAL -
ATTORNEYS' EYES ONLY - CONFIDENTIAL
1 Providence.
2 Q
MR. QUISENBERRY: So GoodTimes, to your
3 knowledge,
never makes payments directly to Gener8xion?
4 A
Never.
5 Q
Has Providence Entertainment at any time made
6 payments to
Code Productions, Inc.?
7 A
I believe that any payments have come to
8 Gener8xion.
I -- you know to the best of my knowledge,
9 all the payments
have come to Gener8xion not to Code.
10 Q
Okay. And just to close it out, has GoodTimes
11 Entertainment to
your knowledge made any payments to Code
12 Productions, Inc.?
13 A
None.
14 Q
As far as you are aware, does GoodTimes
15 Entertainment make
payments based upon sales of "The
16 Omega Code" to any
other entity besides Providence
17 Entertainment?
18 MR. RAWLS: Objection,
calls for a legal conclusion.
19 Assumes facts not in evidence,
without foundation and
20 calls for speculation.
21 MR. COATE:
Join.
22 THE WITNESS:
No.
23 Q
BY MR. QUISENBERRY: To your knowledge does
24 Providence Entertainment
make any payments based upon
25 sales of "The Omega
Code" to any entity, other than
