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Deposition of Eric Shanks-REDACTED II

VIEWS: 18 PAGES: 116

									                   In Re: Petition of Craig James
1/14/2014                                      David Eric Shanks

·   ·   · · · · · · · · ·CAUSE NO. 417-03915-2013
·   ·   ·
·   ·   ·
·   ·   ·
·   ·   ·
·   ·   ·
·   ·   ·IN RE:· · · · · · · · · · · ·) IN THE DISTRICT COURT
·   ·   · · · · · · · · · · · · · · ··)
·   ·   ·PETITION OF· · · · · · · · ··)
·   ·   ·CRAIG JAMES· · · · · · · · ··) 417TH JUDICIAL DISTRICT
·   ·   · · · · · · · · · · · · · · ··)
·   ·   · · · · · · · · · · · · · · ··) COLLIN COUNTY, TEXAS
·   ·   ·_____________________________)
·   ·   ·
·   ·   ·
·   ·   ·
·   ·   ·
·   ·   ·
·   ·   · · ··VIDEOTAPED DEPOSITION OF DAVID ERIC SHANKS
·   ·   ·
·   ·   · · ··taken at 2121 Avenue of the Stars, Seventh
·   ·   ·
·   ·   · · ··Floor, Los Angeles, California, at 9:13 a.m.,
·   ·   ·
·   ·   · · ··Tuesday, January 14, 2014, before Theresa
·   ·   ·
·   ·   · · ··JoAnn Phillips-Blackwell, CSR 12700.
·   ·   ·
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                              ALPHA DEPO
                            (888) 667-DEPO
                                   In Re: Petition of Craig James
  1/14/2014                                                    David Eric Shanks

                                                                                      2
·1··   · ··APPEARANCES OF COUNSEL:
 · ·
·2··
 · ·
·3··
 · ·
·4··   · ··For Craig James:
 · ·
·5··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·CLYDE M. SIEBMAN, ESQ.
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·SIEBMAN, BURG, PHILLIPS & SMITH
·6··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·300 North Travis Street
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·Sherman, Texas··75090
·7··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·(903) 870-0070
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·clydesiebman@siebman.com
·8··
 · ·   · · · · · · · · · · · ·and
·9··
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·HIRAM SASSER, ESQ.
10··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·LIBERTY INSTITUTE
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·2001 Plano Parkway
11··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·Suite 1600
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·Plano, Texas··75075
12··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·(972) 941-4444
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·hsasser@libertyinstitute.org
13··
 · ·   · ··For David Eric Shanks:
14··
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·VANESSA GRIFFITH, ESQ.
15··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·VINSON & ELKINS LLP
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·2001 Ross Avenue
16··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·Suite 3700
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·Dallas, Texas··75201
17··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·(214) 220-7713
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·vgriffith@velaw.com
18··
 · ·   · ··For Fox Group:
19··
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·MYKHANH SHELTON, ESQ.
20··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·FOX GROUP LEGAL
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·2121 Avenue of the Stars
21··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·Suite 700
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·Los Angeles, California··90067
22··   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·   ·(310) 369-2912
 · ·
23··
 · ·
24··   · ··Also Present:··Jesse Glen, videographer
 · ·
25··

                                                     ALPHA DEPO
                                                   (888) 667-DEPO
                           In Re: Petition of Craig James
          1/14/2014                                    David Eric Shanks

                                                                      5
        ·1·· ·(Los Angeles, California; Monday, January 14, 2014,
        ·2·· · · · · · · · · · · ··9:13 a.m.)
        ·3··
        ·4·· · · · ··THE VIDEOGRAPHER:··Good morning.··My name is
        ·5··Jesse Glen.··I'm a videographer associated with Alpha
        ·6··Depo.
        ·7·· · · · ··The date is January 14th, and the time is
        ·8··9:13 a.m.··This deposition is taking place at Fox Plaza,
        ·9··seventh floor, at 2121 Avenue of the Stars, Los Angeles,
09:13   10··California 90067.
        11·· · · · ··The cause name is In re:··Petition of Craig
        12··James.··Cause number is 417039152013.··And this is the
        13··videotaped deposition of Eric Shanks taken on behalf of
        14··Craig James.
        15·· · · · ··Will all counsel present please identify
        16··themselves for the record.
        17·· · · · ··MR. SIEBMAN:··Clyde Siebman, representing Craig
        18··James.
        19·· · · · ··MR. SASSER:··Hiram Sasser, representing Craig
09:14   20··James.
        21·· · · · ··MS. GRIFFITH:··Vanessa Griffith, representing
        22··Eric Shanks.
        23·· · · · ··MS. SHELTON:··Mykhanh Shelton on behalf of Fox.
        24·· · · · ··THE VIDEOGRAPHER:··Thank you very much.
        25·· · · · ··The court reporter may now swear in the

                                     ALPHA DEPO
                                   (888) 667-DEPO
                         In Re: Petition of Craig James
          1/14/2014                                  David Eric Shanks

                                                                      6
        ·1··witness.
        ·2·· · · · ··DEPOSITION OFFICER:··Raise your right hand,
        ·3··please.
        ·4·· · · · ··You do solemnly state that the evidence you
        ·5··shall give in this matter shall be the truth, the whole
        ·6··truth, and nothing but the truth, so help you God?
        ·7·· · · · ··THE WITNESS:··I do.
        ·8·· · · · ··DEPOSITION OFFICER:··Thank you.
        ·9··
09:14   10·· · · · · · · · · · · ··EXAMINATION
        11··
        12··BY MR. SIEBMAN:
        13·· · ··Q.··Mr. Shanks, would you state your full name for
        14··the record, please.
        15·· · ··A.··My name is David Eric Shanks.
        16·· · ··Q.··What is your job title?
        17·· · ··A.··My job title is president of Fox Sports.
        18·· · ··Q.··What are your responsibilities in your role as
        19··president of Fox Sports?
09:14   20·· · ··A.··As president, there is wide ranging roles.··I
        21··oversee the business.
        22·· · ··Q.··Would you be considered the chief executive
        23··officer?
        24·· · ··A.··I don't believe so.
        25·· · ··Q.··Okay.··Who would be the chief executive officer

                                      ALPHA DEPO
                                    (888) 667-DEPO
                         In Re: Petition of Craig James
          1/14/2014                                  David Eric Shanks

                                                                      7
        ·1··of Fox Sports?
        ·2·· · ··A.··I don't believe we have one.
        ·3·· · ··Q.··Okay.··Who is at the top of the hierarchy of
        ·4··all management at Fox Sports?
        ·5·· · ··A.··I think that's a difficult question since I do
        ·6··have -- I have a number of bosses.
        ·7·· · ··Q.··And who are your bosses?
        ·8·· · ··A.··Let's see.··I have a boss named Peter Rice, who
        ·9··runs the Fox Networks Group.
09:15   10·· · ··Q.··Is he an employee of Fox Sports?
        11·· · ··A.··From a legal entity, I -- I don't -- I don't
        12··know the -- the employment structure.
        13·· · ··Q.··Okay.··Who else would you consider to be a boss
        14··of yours?
        15·· · ··A.··Well, the other people that are higher than me
        16··in the entire 21st Century Fox business are a gentleman
        17··by the name of Chase Carey, a gentleman by the name of
        18··James Murdoch, Rupert Murdoch.
        19·· · ··Q.··Anyone else?
09:16   20·· · ··A.··I can't think of any.
        21·· · ··Q.··So other than Mr. Rice, Mr. Carey, and
        22··Mr. Murdoch, you have no other supervisors at Fox
        23··Sports?
        24·· · ··A.··I can't say so, no.
        25·· · ··Q.··What do you mean you can't say so, no?

                                      ALPHA DEPO
                                    (888) 667-DEPO
                            In Re: Petition of Craig James
          1/14/2014                                     David Eric Shanks

                                                                       8
        ·1·· · ··A.··I don't believe so, no.
        ·2·· · ··Q.··What is the scope of your responsibility as
        ·3··president of Fox Sports?
        ·4·· · ··A.··I would say you are in charge of all of the
        ·5··business activities as is required to run the business
        ·6··of Fox Sports.
        ·7·· · ··Q.··What role do you have with respect to the
        ·8··supervision of Fox Sports Southwest?
        ·9·· · ··A.··I -- I don't daily supervise Fox Sports
09:17   10··Southwest.
        11·· · ··Q.··Does anyone at Fox Sports Southwest report
        12··directly to you?
        13·· · ··A.··No.
        14·· · ··Q.··Does anyone at Fox Sports Southwest report to
        15··someone who does report directly to you?
        16·· · ··A.··Yes.
        17·· · ··Q.··Who would that be?
        18·· · ··A.··I'm sorry.··The question is a little bit
        19··confusing.
09:17   20·· · ··Q.··Okay.··Who -- who is one of your -- let me ask
        21··you this.
        22·· · · · ··Identify each of your direct reports who is a
        23··person to whom someone at Fox Sports Southwest reports.
        24·· · ··A.··I'm not sure I could give the entire scope
        25··because I don't know the entire org chart off the top of

                                      ALPHA DEPO
                                    (888) 667-DEPO
                           In Re: Petition of Craig James
          1/14/2014                                    David Eric Shanks

                                                                      9
        ·1··my head.··I think that probably the -- the obvious one
        ·2··is Jeff Krolik reports directly to me, who oversees the
        ·3··business of the -- of the regional sports networks.
        ·4·· · ··Q.··When you say that Jeff Krolik oversees the
        ·5··regional sports networks, what do you mean by
        ·6··"oversees"?
        ·7·· · ··A.··He runs the business of the regional sports
        ·8··networks.
        ·9·· · ··Q.··Who at Fox Sports Southwest would report to
09:19   10··Mr. Krolik?
        11·· · ··A.··I don't know if I could say exactly because I
        12··don't -- I don't know the org structures below Jeff, I
        13··don't think.
        14·· · ··Q.··Would you consider Jeff Krolik to be the senior
        15··management person over Fox Sports Southwest?
        16·· · ··A.··From a -- from a business standpoint, I believe
        17··so, yes.
        18·· · ··Q.··And when you distinguish a business standpoint
        19··from other standpoint, what other standpoint are you
09:19   20··segregating out of his responsibility?
        21·· · ··A.··I can't think of one, no.
        22·· · ··Q.··So it would be fair to say, then, that Jeff
        23··Krolik is the senior management person over Fox Sports
        24··Southwest?··Is that correct?
        25·· · ··A.··If you could rephrase that.··I think that there

                                     ALPHA DEPO
                                   (888) 667-DEPO
                          In Re: Petition of Craig James
          1/14/2014                                   David Eric Shanks

                                                                     10
        ·1··is -- if you could just restate that question for me.
        ·2·· · ··Q.··Is it -- let me withdraw that.
        ·3·· · · · ··Is Mr. Jeff Krolik the senior management person
        ·4··in terms of authority over Fox Sports Southwest?
        ·5·· · ··A.··No, I don't believe so.··Jeff, as I stated
        ·6··before, is in charge of all of regional sports networks,
        ·7··not day-to-day Fox Sports Southwest.
        ·8·· · ··Q.··Would anyone have greater authority in terms of
        ·9··management than Jeff Krolik at Fox Sports Southwest?
09:20   10·· · ··A.··You know, on a -- on a day-to-day management of
        11··Fox Sports Southwest and the RSNs, that particular
        12··question might be a bit out of my scope.··You might have
        13··to ask someone else.
        14·· · ··Q.··Okay.··I'm not asking you who manages Fox
        15··Sports Southwest on a day-to-day basis.
        16·· · ··A.··Okay.
        17·· · ··Q.··I'm asking you, who has management authority
        18··over the decisions made at Fox Sports Southwest
        19··ultimately?
09:21   20·· · ··A.··Well, I -- I think that that -- there is a --
        21··there is probably -- are you asking about the process
        22··of -- I'm sorry.
        23·· · · · ··Are you asking about the process of
        24··decision-making?··Because I think that probably -- I'm
        25··not quite sure, again, what you're asking.

                                     ALPHA DEPO
                                   (888) 667-DEPO
                         In Re: Petition of Craig James
          1/14/2014                                  David Eric Shanks

                                                                     11
        ·1·· · ··Q.··I'm asking you, who is the -- let me withdraw
        ·2··that.
        ·3·· · · · ··In terms of the management hierarchy, who
        ·4··controls the business?··Is it Jeff Krolik that
        ·5··ultimately controls the business at Fox Sports
        ·6··Southwest?
        ·7·· · ··A.··There is -- there is a lot of different facets
        ·8··to that question.
        ·9·· · ··Q.··Okay.··Rather than me trying to guess, let me
09:22   10··just go back and ask you.··What is Jeff Krolik's role
        11··with respect to the management and control of Fox Sports
        12··Southwest?
        13·· · ··A.··He oversees and manages all of the regional
        14··sports networks as a business.
        15·· · ··Q.··And what does that mean?
        16·· · ··A.··There are multiple businesses that are similar
        17··to Fox Sports Southwest that all report in to Jeff; and
        18··as a manager, he's responsible for hitting goals laid
        19··out for the business and, you know, any management
09:23   20··requirements dictated by the RSNs as a whole.
        21·· · ··Q.··And --
        22·· · ··A.··By "RSNs," I mean regional sports network.··I'm
        23··sorry.
        24·· · ··Q.··Would one of the regional sports network be Fox
        25··Sports Southwest.

                                   ALPHA DEPO
                                 (888) 667-DEPO
                            In Re: Petition of Craig James
          1/14/2014                                     David Eric Shanks

                                                                      12
        ·1·· · ··A.··Yes.
        ·2·· · ··Q.··And would Jeff Krolik have supervisory -- let
        ·3··me withdraw that.
        ·4·· · · · ··Would Jeff Krolik have the responsibility to
        ·5··oversee the business of Fox Sports Southwest?
        ·6·· · ··A.··I believe -- yes.··I said that before.
        ·7·· · ··Q.··Would the -- who would be the person that would
        ·8··report to Jeff Krolik from Fox Sports Southwest?
        ·9·· · ··A.··Again, I'm not exactly sure of the org
09:24   10··structure below Jeff and exactly the total number of
        11··people that report to him out of particular regions.
        12·· · ··Q.··When you obtain information relating to one of
        13··the regional sport networks, do you obtain your
        14··information from Mr. Krolik?
        15·· · ··A.··For the most part, yes.
        16·· · ··Q.··Mr. Krolik would be your go-to person with
        17··respect to the flow of information from a regional
        18··sports network to yourself?
        19·· · ··A.··I think that's fair to say.
09:24   20·· · ··Q.··And the regional sport networks would include
        21··Fox Sports Southwest in that connection?
        22·· · ··A.··Yes.
        23·· · ··Q.··Other than Mr. Krolik, do you have a source of
        24··information regarding the business of Fox Sports
        25··Southwest?··Let me withdraw that.

                                      ALPHA DEPO
                                    (888) 667-DEPO
                           In Re: Petition of Craig James
          1/14/2014                                    David Eric Shanks

                                                                     13
        ·1·· · · · ··Other than Mr. Krolik, is there anyone that you
        ·2··obtain information from -- let me withdraw that and ask
        ·3··it more directly.
        ·4·· · · · ··Rather than -- other than Mr. Krolik, is there
        ·5··anyone that you routinely obtain information from
        ·6··regarding the business of Fox Sports Southwest?
        ·7·· · ··A.··If you could be more specific just around the
        ·8··business information.··That seems to be kind of broad.
        ·9··I'm sorry.
09:26   10·· · ··Q.··Does anyone directly report to you regarding
        11··the business of Fox Sports Southwest other than
        12··Mr. Krolik?
        13·· · ··A.··Today, no.
        14·· · ··Q.··In the past was there someone that reported to
        15··you from -- directly from Fox Sports Southwest other
        16··than Mr. Krolik?
        17·· · ··A.··No.
        18·· · ··Q.··So when you say "today," what -- what
        19··distinction are you trying to make?
09:26   20·· · ··A.··There -- overall within Fox Sports over the
        21··last six months or so there has been a lot of changes,
        22··and I was just trying to think about all of the changes
        23··that have been made, and then you did the follow-up
        24··question.
        25·· · ··Q.··So with respect to who reports to you directly

                                     ALPHA DEPO
                                   (888) 667-DEPO
                            In Re: Petition of Craig James
          1/14/2014                                     David Eric Shanks

                                                                      14
        ·1··from Fox Sports Southwest, there has been no change?
        ·2·· · ··A.··The only change in the last six months has been
        ·3··the fact that I did have a partner named Randy Freer,
        ·4··who we -- we kind of co-managed all of Fox Sports.··So
        ·5··technically Jeff reported to both of us for a while.
        ·6··Now he reports directly to me.
        ·7·· · ··Q.··But Jeff was not at Fox Sports Southwest;
        ·8··correct?
        ·9·· · ··A.··I'm sorry.··Could you give me a time frame or
09:27   10··be more specific.
        11·· · ··Q.··The -- the -- let me withdraw that and ask it
        12··this way.
        13·· · · · ··When you say you had a partner, what do you
        14··mean by that?
        15·· · ··A.··There was a period of time where there were
        16··co-presidents of Fox Sports:··Myself and Randy.
        17·· · ··Q.··And Randy Freer was a co-president of Fox
        18··Sports?
        19·· · ··A.··Yes.
09:28   20·· · ··Q.··All right.··He was not an individual that was
        21··at Fox Sports Southwest; correct?
        22·· · ··A.··Could you be more specific about time frames.
        23·· · ··Q.··Okay.··The question I initially asked you was
        24··about direct reports from Fox Sports Southwest directly
        25··to you.

                                      ALPHA DEPO
                                    (888) 667-DEPO
                           In Re: Petition of Craig James
          1/14/2014                                    David Eric Shanks

                                                                     15
        ·1·· · ··A.··Uh-huh.
        ·2·· · ··Q.··And I want -- I want to make sure that you're
        ·3··not suggesting that Mr. Freer was a person at Fox Sports
        ·4··Southwest that reported to you from Fox Sports
        ·5··Southwest.
        ·6·· · ··A.··I think there is a bunch of questions in there.
        ·7·· · ··Q.··Okay.
        ·8·· · ··A.··If you -- I don't know if you want to give me
        ·9··individual questions or...
09:28   10·· · ··Q.··Sure.
        11·· · · · ··Was Mr. Freer a direct report to you from Fox
        12··Sports Southwest?
        13·· · ··A.··No.
        14·· · ··Q.··Was he ever a direct report to you from Fox
        15··Sports Southwest?
        16·· · ··A.··To me, no.
        17·· · ··Q.··Was he a direct report to anybody ever from Fox
        18··Sports Southwest?
        19·· · ··A.··I'm sorry.··Who are we talking about?
09:29   20·· · ··Q.··Mr. Freer.
        21·· · ··A.··And to anyone?··I'm sorry.··Again, that was a
        22··little -- I'm sorry.··I was just a little confused
        23··there.
        24·· · ··Q.··Sure.
        25·· · · · ··Was Mr. Freer a direct report from Fox Sports

                                     ALPHA DEPO
                                   (888) 667-DEPO
                            In Re: Petition of Craig James
          1/14/2014                                     David Eric Shanks

                                                                      16
        ·1··Southwest to anyone else in the Fox family?
        ·2·· · ··A.··I don't believe so, no.
        ·3·· · ··Q.··Have you ever had your deposition taken before?
        ·4·· · ··A.··Yes.
        ·5·· · ··Q.··How many times?
        ·6·· · ··A.··One.
        ·7·· · ··Q.··Have you ever testified in court before?
        ·8·· · ··A.··Is a -- is a house hearing court, or is that a
        ·9··government hearing that's not court?··I don't know.
09:30   10·· · ··Q.··I would not consider that court.
        11·· · ··A.··Okay.··Then I don't believe so, no.
        12·· · ··Q.··You've invited the next question.
        13·· · · · ··Have you testified before any governmental
        14··hearings before?
        15·· · ··A.··Yes, I have.
        16·· · ··Q.··How many times?
        17·· · ··A.··At least once.··I believe once.
        18·· · ··Q.··Do you understand that a deposition is under
        19··oath, the same as if you were at court?
09:30   20·· · ··A.··I'm not a lawyer, so I don't know the
        21··ramifications of the same as court, so I'm not sure I'm
        22··qualified to answer that.
        23·· · ··Q.··Have you been advised that this testimony is
        24··under oath?
        25·· · ··A.··Yes.

                                      ALPHA DEPO
                                    (888) 667-DEPO
                            In Re: Petition of Craig James
          1/14/2014                                     David Eric Shanks

                                                                      17
        ·1·· · ··Q.··And you understand that you're obligated by law
        ·2··to tell the truth?
        ·3·· · ··A.··Yes.
        ·4·· · ··Q.··Is there any reason that you are unable to
        ·5··understand questions today and respond fully and
        ·6··honestly to the questions being asked?
        ·7·· · ··A.··No.
        ·8·· · ··Q.··Okay.··You're not feeling ill or fatigued or
        ·9··anything that would interfere with your ability to
09:31   10··comprehend and respond to questions?
        11·· · ··A.··No.
        12·· · ··Q.··Normally in a deposition I go through what I
        13··call the rules of the road, but you're doing so well.
        14··I'm going to -- I'm going to abbreviate that.
        15·· · · · ··The rules of the road include when I'm asking a
        16··question, you not respond until I've finished the
        17··question.··Is that understood?
        18·· · ··A.··Yes.
        19·· · ··Q.··And I'll try not to ask you a question while
09:31   20··you're in the process of answering a previous question,
        21··and the reason for that is that the court reporter is
        22··required to take down verbatim what I say and what you
        23··say.··And if we're both talking at the same time, it
        24··makes her job impossible.
        25·· · · · ··Under -- understandable?

                                      ALPHA DEPO
                                    (888) 667-DEPO
                            In Re: Petition of Craig James
          1/14/2014                                     David Eric Shanks

                                                                      18
        ·1·· · ··A.··Yes.
        ·2·· · ··Q.··In conversation often people communicate with
        ·3··shakes of the head.··And again, that's impossible for
        ·4··her to take down.··So I would ask you to respond
        ·5··verbally.
        ·6·· · · · ··Is that acceptable?
        ·7·· · ··A.··Yes.
        ·8·· · ··Q.··If I ask you a question that you don't
        ·9··understand or words that need to be put in context, will
09:32   10··you ask me to clarify?
        11·· · ··A.··Yes, I will.
        12·· · ··Q.··Okay.··Do you know Bobby Knight?
        13·· · ··A.··Personally?··I do -- I guess I personally had a
        14··working relationship with Coach Knight.
        15·· · ··Q.··In what time period?
        16·· · ··A.··1991 to 1992 or '3.
        17·· · ··Q.··And what was the nature of that relationship?
        18·· · ··A.··Well, I worked at Indiana University in the
        19··athletic department.··I didn't work directly for Coach
09:33   20··Knight in the basketball program.
        21·· · ··Q.··Have you kept up with Coach Knight's career
        22··generally over the years?
        23·· · ··A.··Generally?··Yes.
        24·· · ··Q.··Is Coach Knight someone that would be
        25··acceptable for a regional sports authority, such as Fox

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        ·1··Sports Southwest, to hire as a commentator?
        ·2·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·3·· · · · ··THE WITNESS:··I think that without the -- the
        ·4··context of the exact role, I think it's hard for me to
        ·5··speculate.
        ·6··BY MR. SIEBMAN:
        ·7·· · ··Q.··I'm not asking you would you -- would you hire
        ·8··him.··I'm asking you, would Coach Bobby Knight be the
        ·9··type person that would be unacceptable as a hire at Fox
09:34   10··Sports Southwest?
        11·· · · · ··MS. GRIFFITH:··Objection.··Form.
        12·· · · · ··THE WITNESS:··Again, I think without the -- the
        13··context and the job, it is tough to speculate.
        14··BY MR. SIEBMAN:
        15·· · ··Q.··Okay.··Well, let's assume that I'm talking
        16··about the job that Craig James had at Fox Sports
        17··Southwest.··Would -- would Bobby Knight be unacceptable,
        18··assume -- in a basketball-type scenario in that position
        19··at Fox Sports Southwest?
09:35   20·· · · · ··MS. GRIFFITH:··Objection.··Form.
        21·· · · · ··THE WITNESS:··Again, I think you're asking me
        22··to think about basketball and football with a particular
        23··job that I don't know exists.
        24··BY MR. SIEBMAN:
        25·· · ··Q.··I'm -- I'm just simply asking a question.··Is

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        ·1··Bobby Knight the type of person that would be
        ·2··unacceptable as a hire at Fox Sports Southwest?
        ·3·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·4·· · · · ··THE WITNESS:··Again, you know, the context and
        ·5··the phrase "unacceptable," I'm -- I'm -- I'm having
        ·6··trouble speculating because it's -- it's just not -- I
        ·7··can't understand the unacceptableness in the context.
        ·8··BY MR. SIEBMAN:
        ·9·· · ··Q.··Okay.··Let's assume hypothetically that Fox
09:36   10··Sports Southwest hired Bobby Knight to be a commentator
        11··like they had hired Craig James except in the basketball
        12··arena.··Okay?··Are you following me?
        13·· · ··A.··Uh-huh.
        14·· · ··Q.··Would you intervene, as president of Fox
        15··Sports, to overturn a decision to hire Bobby Knight?
        16·· · · · ··MS. GRIFFITH:··Objection.··Form.
        17·· · · · ··THE WITNESS:··Again, I think you're -- you're
        18··presenting me with something here today that -- without
        19··the actual context and happening, I'm not sure I can
09:37   20··respond.
        21··BY MR. SIEBMAN:
        22·· · ··Q.··Okay.··What other context do you need me to put
        23··around this question so that you'll feel comfortable
        24··answering it?
        25·· · ··A.··Certain things like is he a game analyst or a

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        ·1··studio analyst?··Did anyone talk to anyone else about
        ·2··the hire, or did they just do it?··How much, you know --
        ·3··I guess what is the -- the term?··What is the -- you
        ·4··know, what are some of the other details that kind of go
        ·5··into a decision like that?
        ·6·· · ··Q.··Do you normally involve yourself in those type
        ·7··of detail decisions regarding each hire that Fox Sports
        ·8··Southwest makes?
        ·9·· · ··A.··Each individual hire?
09:38   10·· · ··Q.··Right.
        11·· · ··A.··Across the RSNs or across the entire business?
        12·· · ··Q.··I'm talking about Fox Sports Southwest in this
        13··question.
        14·· · ··A.··Not each individual hire.
        15·· · ··Q.··Assuming that Bobby Knight was hired in the
        16··same position under the same circumstances as Craig
        17··James was hired, would you intervene to overrule a
        18··decision by Fox Sports Southwest to hire Coach Bobby
        19··Knight?
09:38   20·· · · · ··MS. GRIFFITH:··Objection.··Form.
        21·· · · · ··THE WITNESS:··Again, I just don't believe there
        22··is enough information at hand today for me to be able to
        23··answer that question on the spot.
        24··BY MR. SIEBMAN:
        25·· · ··Q.··I'm -- I'm asking you to assume hypothetically

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        ·1··that the circumstances were the same in every respect as
        ·2··the circumstances that involved Craig James except the
        ·3··individual was Coach Bobby Knight rather than Craig
        ·4··James.··Would you intervene under those circumstances to
        ·5··overturn a decision of Fox Sports Southwest?
        ·6·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·7·· · · · ··THE WITNESS:··I believe that a high-profile
        ·8··hire like that, I would use my industry knowledge and
        ·9··perception to make a decision.
09:40   10··BY MR. SIEBMAN:
        11·· · ··Q.··And what would your decision be with respect to
        12··Coach Bobby Knight?
        13·· · · · ··MS. GRIFFITH:··Objection.··Form.
        14·· · · · ··THE WITNESS:··Again, today, sitting here, off
        15··the top of my head, I'd have to gather my industry, you
        16··know, perception and industry knowledge.
        17··BY MR. SIEBMAN:
        18·· · ··Q.··What do you mean by that?
        19·· · ··A.··Probably give myself a few minutes outside of a
09:40   20··deposition to think about it.
        21·· · ··Q.··Okay.··What I'm going to do -- we're going to
        22··come back to this question.··I'm going to give you all
        23··the deposition to think about it.
        24·· · ··A.··Uh-huh.
        25·· · ··Q.··And then we'll come back to this question at

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        ·1··the end after you've had a time to think about it.
        ·2··Hopefully we'll have a break or two in there, assuming
        ·3··that we have time.
        ·4·· · · · ··Same question with respect to Keith Olbermann.
        ·5··You understand Keith Olbermann is on ESPN Sports, I
        ·6··think; is that correct?
        ·7·· · ··A.··I think he is.
        ·8·· · ··Q.··If Fox Sports Southwest could somehow get Keith
        ·9··Olbermann away from ESPN, would you overrule that
09:41   10··decision?
        11·· · · · ··MS. GRIFFITH:··Objection.··Form.
        12·· · · · ··THE WITNESS:··You kind of cause me to speculate
        13··on the -- the role or the --
        14··BY MR. SIEBMAN:
        15·· · ··Q.··Hypothetically the same role that Craig James
        16··was employed with at Fox Sports Southwest.
        17·· · ··A.··Only because Keith was not a former player.
        18··He's not an analyst.··I mean, I probably would overrule
        19··them.
09:42   20·· · ··Q.··On the basis of his experience?
        21·· · ··A.··On the basis that he's not an analyst.
        22·· · ··Q.··And why would that be important?
        23·· · ··A.··Well, again, I think we're going down the road
        24··of what is the specific role.
        25·· · ··Q.··And you're saying that you would overrule Keith

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        ·1··Olbermann because he's not an analyst.··And what I
        ·2··understand that to mean, you don't think he has the
        ·3··experience to be in that role; is that correct?
        ·4·· · ··A.··I believe the only thing I've ever known Keith
        ·5··as is as a host.
        ·6·· · ··Q.··Okay.··And so if he was going to be an analyst,
        ·7··you wouldn't think that's appropriate?
        ·8·· · ··A.··I don't believe so, no.
        ·9·· · ··Q.··And that would be the basis of your overruling
09:43   10··Keith Olbermann?
        11·· · · · ··MS. GRIFFITH:··Objection.··Form.
        12·· · · · ··THE WITNESS:··Yeah.··I don't -- I don't think I
        13··ever said that I would overrule or not.··I think that
        14··I've ever known him in that particular role.
        15··BY MR. SIEBMAN:
        16·· · ··Q.··So as you sit here today, you're not able to
        17··say that you would overrule Keith Olbermann as a person
        18··to fill the role that Craig James was filling for Fox
        19··Sports Southwest?
09:43   20·· · · · ··MS. GRIFFITH:··Objection.··Form.
        21··BY MR. SIEBMAN:
        22·· · ··Q.··Is that correct?
        23·· · · · ··MS. GRIFFITH:··Objection.··Form.
        24·· · · · ··THE WITNESS:··I think that depending on the
        25··role and the context -- again, I would probably use my

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        ·1··industry knowledge and industry perception to make that
        ·2··decision.
        ·3··BY MR. SIEBMAN:
        ·4·· · ··Q.··Okay.··But based on what you know now, you're
        ·5··not willing to say that you would overrule Keith
        ·6··Olbermann out of hand as a hire at Fox Sports Southwest;
        ·7··is that correct?
        ·8·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·9·· · · · ··THE WITNESS:··I -- I wouldn't allow Fox Sports
09:44   10··Southwest to hire Keith Olbermann.
        11··BY MR. SIEBMAN:
        12·· · ··Q.··And why is that?
        13·· · ··A.··Based on my -- now that I have my industry
        14··knowledge and industry perception.
        15·· · ··Q.··And when did you get that?
        16·· · ··A.··Based on my years in the industry, I guess.
        17·· · ··Q.··And what would be the basis for your not
        18··allowing Fox Sports Southwest to hire Keith Olbermann?
        19·· · · · ··MS. GRIFFITH:··Objection.··Form.
09:44   20·· · · · ··THE WITNESS:··There is a -- in that particular
        21··position, similar companies like Fox have gone through
        22··episodes of, I guess, separation or embarrassment and
        23··gone through a negative public perception as it relates
        24··to Keith.
        25··///

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        ·1··BY MR. SIEBMAN:
        ·2·· · ··Q.··And what do you mean by that?··I don't
        ·3··understand that.
        ·4·· · ··A.··From the position that I'm in, you know, ESPN
        ·5··had a lot of heartache because Keith used his position
        ·6··on air in ways that were -- a lot of the public and a
        ·7··lot of the industry perceived were inappropriate.
        ·8·· · ··Q.··In what regard?
        ·9·· · ··A.··Using that position on air for things that I
09:46   10··would say either people believed to be inaccurate or
        11··untrue against people or partners.
        12·· · ··Q.··Was the objection regarding his on-air comments
        13··when he was on air for ESPN?
        14·· · ··A.··I'm sorry.··Who are we talking about?
        15·· · ··Q.··Keith Olbermann -- Olbermann.
        16·· · ··A.··Yes.
        17·· · ··Q.··And let's go back to Coach Bobby Knight.
        18·· · · · ··Based on the information that you currently
        19··have, would you tend to veto Fox Sports Southwest if
09:47   20··they were to make a decision to hire Coach Bobby Knight?
        21·· · · · ··MS. GRIFFITH:··Objection.··Form.
        22·· · · · ··THE WITNESS:··Again, on that one I don't -- I
        23··don't think I have enough information in the context to
        24··say from my opinion one way or other.
        25··///

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        ·1··BY MR. SIEBMAN:
        ·2·· · ··Q.··So based on the information that you currently
        ·3··have, you don't -- you would not automatically veto
        ·4··Coach Bobby Knight; is that fair?
        ·5·· · ··A.··I don't know if you want to go back through the
        ·6··context again.
        ·7·· · ··Q.··Same -- same hypothetical that we talked about
        ·8··before, that it would be in the same position as Craig
        ·9··James under the same circumstances except it would
09:48   10··involve basketball instead of football.
        11·· · · · ··And under those circumstances are you -- would
        12··you -- as you sat here today, of a mind that you would
        13··overrule a decision by Fox Sports Southwest to hire
        14··Coach Bobby Knight?
        15·· · · · ··MS. GRIFFITH:··Objection.··Form.
        16·· · · · ··THE WITNESS:··I think I still am at the same
        17··position on that one where I don't know if I would have
        18··enough information at this time.
        19··BY MR. SIEBMAN:
09:48   20·· · ··Q.··Okay.··And so wouldn't it be fair to say
        21··that at this time you're not of a mind that would you
        22··automatically overrule that decision?
        23·· · · · ··MS. GRIFFITH:··Objection.··Form.
        24·· · · · ··THE WITNESS:··Yeah.··Again, I don't think I
        25··have enough information.··I -- I don't think I could be

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        ·1··led into one way or the other right now.
        ·2··BY MR. SIEBMAN:
        ·3·· · ··Q.··So you wouldn't reject him out of hand?
        ·4·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·5··BY MR. SIEBMAN:
        ·6·· · ··Q.··And by "him," I mean Coach Bobby Knight.
        ·7·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·8·· · · · ··THE WITNESS:··You know, again, I -- I don't
        ·9··think I have the information, you know, sitting here
09:49   10··right now to -- to say one way or the other.
        11··BY MR. SIEBMAN:
        12·· · ··Q.··Okay.··And doesn't that mean that you would not
        13··reject him out of hand?··As you sat here today, you
        14··would need additional other than the information you
        15··currently have?
        16·· · ··A.··I don't know if I would need more information.
        17··I think I would need, again, I think, as I said before,
        18··you know, maybe a little bit of time sitting here
        19··outside of the deposition to think about it.
09:49   20·· · ··Q.··Okay.··You're at this deposition pursuant to a
        21··notice of deposition issued by the 417th Judicial
        22··District Court of Collin County, Texas; is that correct?
        23·· · · · ··MS. GRIFFITH:··Objection.··Form.
        24·· · · · ··THE WITNESS:··I couldn't say one way or the
        25··other.··I'm sorry.

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        ·1··BY MR. SIEBMAN:
        ·2·· · ··Q.··Okay.··But you're here, as you understand it,
        ·3··because a court in Texas ordered that your deposition
        ·4··be -- be taken?
        ·5·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·6··BY MR. SIEBMAN:
        ·7·· · ··Q.··Is that correct?
        ·8·· · ··A.··All of those details that you said inside there
        ·9··I'm not -- I'm not exactly sure about.
09:50   10·· · ··Q.··Okay.··So why are you here?
        11·· · ··A.··I was requested to be here.
        12·· · ··Q.··By who?
        13·· · ··A.··Our legal team.
        14·· · ··Q.··Okay.··And did you -- did you understand that
        15··it was part of a proceeding in Texas?
        16·· · ··A.··Yes, I did understand that.
        17·· · ··Q.··I'm going to hand you a document that I've
        18··marked as Exhibit 1.
        19·· · · · ··Have you seen this document before?
09:51   20·· · · · ··(Whereupon the document referred to is marked
        21··by the reporter as Exhibit 1 for identification.)
        22·· · ··A.··If you just give me one quick minute to read
        23··through it.
        24·· · · · ··Okay.··Sorry.
        25·· · ··Q.··Have you seen this news item before?

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        ·1·· · ··A.··I had not.
        ·2·· · ··Q.··Before today you've never seen that?
        ·3·· · ··A.··I have not.
        ·4·· · ··Q.··Okay.··I would direct your attention to the
        ·5··bottom of the -- of the article where it says, "During
        ·6··the campaign, James had a strong antigay stance."
        ·7·· · · · ··Do you see that?
        ·8·· · ··A.··I do see that sentence.
        ·9·· · ··Q.··And it says, "'We just ask ourselves how
09:53   10··Craig's statements would play in our human resources
        11··department,' said a Fox Sports person.··'He couldn't say
        12··those things here.'"
        13·· · · · ··Do you see that?
        14·· · ··A.··I -- I do see that, yes.
        15·· · ··Q.··Who was the Fox spokesperson that said that?
        16·· · · · ··MS. GRIFFITH:··Objection.··Form.
        17·· · · · ··THE WITNESS:··As far as I'm aware --
        18··BY MR. SIEBMAN:
        19·· · ··Q.··Yes.
09:53   20·· · ··A.··-- that was a person in the public relations
        21··department by the name of Lou D'Ermilio.
        22·· · ··Q.··And where does Lou D'Ermilio work?
        23·· · ··A.··Lou works at Fox Sports.
        24·· · ··Q.··In which location?
        25·· · ··A.··He works in the New York office.

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        ·1·· · ··Q.··Who does he report to?
        ·2·· · ··A.··He reports to Chris Hannan, I believe.
        ·3·· · ··Q.··What is Chris Hannan's position?
        ·4·· · ··A.··I don't know Chris's exact title; but Lou and
        ·5··the public relations department and some other things, I
        ·6··believe, report to Chris.
        ·7·· · ··Q.··And what is Lou's title?
        ·8·· · ··A.··I don't know his exact title.
        ·9·· · ··Q.··What's his approximate title?
09:54   10·· · ··A.··He's somewhere in the VP or SVP range in public
        11··relations.
        12·· · ··Q.··And SVP would stand for what?
        13·· · ··A.··That would be senior vice president.
        14·· · ··Q.··And VP would stand for vice president?
        15·· · ··A.··I believe so, yes.
        16·· · ··Q.··And who is Chris Hannan in terms of his
        17··responsibility?
        18·· · ··A.··Chris has the public relations department, some
        19··charitable and philanthropic things, and some other
09:55   20··community relations, and some other kind of strategic
        21··areas of responsibility.
        22·· · ··Q.··What would Chris Hannan's title be?
        23·· · ··A.··I don't -- I mean, I don't know his exact
        24··title.
        25·· · ··Q.··What's his approximate title?

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        ·1·· · ··A.··I probably know even less about his approximate
        ·2··title than I do Lou's.
        ·3·· · ··Q.··Who does he report to?
        ·4·· · ··A.··Chris reports to me.
        ·5·· · ··Q.··So Chris is a direct report to you?
        ·6·· · ··A.··Yes.
        ·7·· · ··Q.··And Lou D'Ermilio is a direct report to Chris?
        ·8·· · ··A.··I believe so, yes.
        ·9·· · · · ··MS. GRIFFITH:··Thank you.
09:57   10··BY MR. SIEBMAN:
        11·· · ··Q.··Have you seen this before?
        12·· · ··A.··Would you mind if I just take a minute to look
        13··at it?
        14·· · ··Q.··Let's go off the record while you do that,
        15··though.
        16·· · · · ··THE VIDEOGRAPHER:··We're off the record at
        17··9:57 a.m.
        18·· · · · · · ·(A recess is taken.)
        19·· · · · ··THE VIDEOGRAPHER:··We are back on the record at
10:08   20··10:09 a.m.
        21··BY MR. SIEBMAN:
        22·· · ··Q.··Mr. Shanks, have you had an opportunity during
        23··the break to look at Exhibit 2?
        24·· · · · ··(Whereupon the document referred to is marked
        25··by the reporter as Exhibit 2 for identification.)

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        ·1·· · ··A.··Yes, I have.
        ·2·· · ··Q.··Had you seen that before I handed it to you?
        ·3·· · ··A.··I don't believe so, no.
        ·4·· · ··Q.··Okay.··And that's a Huffington Post sports
        ·5··article; is that correct?
        ·6·· · ··A.··It says, "Huff Post."··I'm not sure if that's
        ·7··Huffington or what that is.··I'm not familiar with it.
        ·8·· · ··Q.··Okay.··If you look at the very bottom, where it
        ·9··says, "www.huffingtonpost.com" --
10:09   10·· · ··A.··I'm sorry.
        11·· · ··Q.··-- do you see that?
        12·· · ··A.··Yes.
        13·· · ··Q.··So you would agree with me that it's a
        14··Huffington Post sports article?
        15·· · · · ··MS. GRIFFITH:··Objection.··Form.
        16·· · · · ··THE WITNESS:··I'm not sure who -- who wrote it
        17··or what you mean by "it's a Huffington sports article."
        18··BY MR. SIEBMAN:
        19·· · ··Q.··Okay.··So as president of Fox Sports, you are
10:09   20··unaware that this was an article that was circulating in
        21··the media about Fox Sports?
        22·· · ··A.··Until now, no.
        23·· · ··Q.··Okay.··It says that -- if you'll look in the
        24··third paragraph, it says, "We just ask ourselves how
        25··Craig's statements would play in our human resources

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        ·1··department."
        ·2·· · · · ··Do you see that?
        ·3·· · ··A.··I do, yes.
        ·4·· · ··Q.··And it was a statement made to Barry Horn of
        ·5··the Dallas Morning News; is that correct?
        ·6·· · ··A.··I can't speak to the correctness of it, but I
        ·7··can speak to what is on this piece of paper.
        ·8·· · ··Q.··Okay.··Was it Lou D'Ermilio that -- who made
        ·9··those comments to Barry Horn?
10:10   10·· · ··A.··To my knowledge, yes.
        11·· · ··Q.··And where is the human resources department
        12··located?
        13·· · ··A.··I couldn't say for sure.
        14·· · ··Q.··Do you have some general idea?
        15·· · ··A.··I would imagine we have a human resources
        16··department in almost every office that Fox has.
        17·· · ··Q.··And what access would Lou D'Ermilio have to the
        18··human resources department?
        19·· · ··A.··I -- I couldn't speculate as -- as to that.
10:10   20··I'm sorry.
        21·· · ··Q.··Okay.··How -- how long have you been employed
        22··by Fox Sports?
        23·· · ··A.··It's been on and off.··So if -- if you want to
        24··go -- go through -- I don't know if you want to go
        25··through and add up the different years of time.

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                                                                     35
        ·1·· · ··Q.··I just wanted your answer.··I just want an
        ·2··answer to the question.
        ·3·· · ··A.··I don't know how many total years.··I'm sorry.
        ·4·· · ··Q.··So about how many?
        ·5·· · · · ··MR. SIEBMAN:··Let's go off the record while the
        ·6··witness counts.
        ·7·· · · · ··THE VIDEOGRAPHER:··That's off the record?
        ·8·· · · · ··MR. SIEBMAN:··This witness is intentionally
        ·9··eating the clock, and I'm not going to tolerate it.··He
10:12   10··knows how many years he's worked for Fox.
        11·· · · · ··MS. GRIFFITH:··He told you he's been off and
        12··on.··He doesn't know how many years.··If you're going to
        13··ask questions that require him to calculations, then
        14··we're going to stay on the record.
        15·· · · · ··MR. SIEBMAN:··No, we're not.
        16·· · · · ··MS. GRIFFITH:··Then this deposition is going to
        17··last three hours.
        18·· · · · ··THE WITNESS:··If we're off the record -- if
        19··we're off the record --
10:12   20·· · · · ··THE VIDEOGRAPHER:··No, no, no.··We're on the
        21··record.··We're on the record -- on the record until I
        22··get confirmation --
        23·· · · · ··MS. GRIFFITH:··We are not off the record now.
        24·· · · · ··Do you have an answer to the question?
        25·· · · · ··THE WITNESS:··From '94 to '99ish maybe.

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        ·1··2000ish.··And then back again 2008ish/'9ish to present.
        ·2··And I still haven't been able to add up that total
        ·3··number of years.··I'm sorry.··That's what I was doing.
        ·4··BY MR. SIEBMAN:
        ·5·· · ··Q.··So about 12 years?
        ·6·· · ··A.··If you want me to add that up.
        ·7·· · ··Q.··I -- let me ask you this.··Would it be fair to
        ·8··say that you've worked for Fox Sports for over a decade?
        ·9·· · ··A.··Close to a decade.··Sure.
10:13   10·· · ··Q.··Who made the decision to terminate the
        11··employment of Craig James after one day?
        12·· · ··A.··I was part of that decision.
        13·· · ··Q.··Who else was part of that decision?
        14·· · ··A.··Let's see.··Myself, Randy Freer, Jeff Krolik.
        15·· · ··Q.··The Huffington Post article says that Craig
        16··James was fired after a brief -- let me withdraw that
        17··and ask you this.
        18·· · · · ··Mr. Krolik is the individual that you've
        19··identified as being in charge of the business of the
10:14   20··regional sports networks; is that correct?
        21·· · ··A.··Yes.
        22·· · ··Q.··What role did he play in the termination of
        23··Craig James' employment at Fox Sports Southwest?
        24·· · ··A.··Jeff was the initial person that I asked, you
        25··know, what was going on when I found out about it; and I

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        ·1··believe he started to gather information.
        ·2·· · ··Q.··Did he provide that information to you?
        ·3·· · ··A.··Yes.
        ·4·· · ··Q.··Did he provide that information to Mr. Freer?
        ·5·· · ··A.··I can't recall if Randy was on the
        ·6··communication, so I can't say for sure.
        ·7·· · ··Q.··Okay.··Was Craig James terminated in part
        ·8··because of antigay comments he made while running for
        ·9··political office in Texas?
10:15   10·· · ··A.··No.··Absolutely not.
        11·· · ··Q.··So if someone said that he was or implied that
        12··he was, that would be false; correct?
        13·· · ··A.··It would not be the correct statement on behalf
        14··of Fox.
        15·· · ··Q.··It would be false; correct?
        16·· · ··A.··It would be false, yes.
        17·· · ··Q.··Also in the Exhibit 2, the fifth paragraph, it
        18··says, "'Craig James will not be making any further
        19··appearances on Fox Sports Southwest football coverage
10:16   20··this season,' a Fox Sports spokesperson told Deitsch."
        21·· · · · ··Do you see that?
        22·· · ··A.··I'm sorry.··Which paragraph?
        23·· · ··Q.··Fifth paragraph.
        24·· · ··A.··Yes, I do see that.
        25·· · ··Q.··Who was the Fox Sports spokesperson that told

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        ·1··Deitsch that fact?
        ·2·· · ··A.··That one I couldn't say.··I'm not exactly sure.
        ·3·· · ··Q.··Have you looked into it?
        ·4·· · ··A.··This one I -- I have not.
        ·5·· · ··Q.··Three.
        ·6·· · · · ··(Whereupon the document referred to is marked
        ·7··by the reporter as Exhibit 3 for identification.)
        ·8·· · · · ··MR. SIEBMAN:··Where did I put 3?··Was that 3?
        ·9··Is that Exhibit 2 or Exhibit 3?
10:17   10·· · · · ··MS. GRIFFITH:··It was 2 --
        11·· · · · ··MR. SIEBMAN:··Wait.··Right here.··Sorry.
        12··BY MR. SIEBMAN:
        13·· · ··Q.··Let me hand you a document that's been marked
        14··as Exhibit 3 and ask you if you have seen that before.
        15·· · ··A.··Yes.
        16·· · ··Q.··When -- when did you see that first?
        17·· · ··A.··Yesterday in preparation.
        18·· · ··Q.··Is that the first time that you had seen that?
        19·· · ··A.··I believe so, yes.
10:18   20·· · ··Q.··Had you heard about the Sports Illustrated
        21··article that was coming out?
        22·· · · · ··Let me withdraw that and be more clear.
        23·· · · · ··Prior to terminating Craig James had you heard
        24··that there was a Sports Illustrated article coming out
        25··regarding his working for Sports Southwest?

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        ·1·· · ··A.··Yes.
        ·2·· · ··Q.··And had you also heard before terminating Craig
        ·3··James that Mr. Deitsch was going to write some articles
        ·4··about the hire of Craig James by Fox Sports Southwest?
        ·5·· · ··A.··You asked about the time frame before or after?
        ·6·· · ··Q.··Right.
        ·7·· · ··A.··And I'm not -- I'm not sure.
        ·8·· · ··Q.··Okay.··Handed you a copy of an exhibit that I
        ·9··marked as Exhibit 4.
10:19   10·· · · · ··Have you seen this document before?
        11·· · · · ··(Whereupon the document referred to is marked
        12··by the reporter as Exhibit 4 for identification.)
        13·· · ··A.··Yes.
        14·· · ··Q.··All right.··Can you identify that document,
        15··please, for the record.
        16·· · ··A.··I'm -- I'm sorry.··I'm unclear as to the
        17··procedure.··Are you asking me --
        18·· · ··Q.··What is this docu -- yeah.··What is this
        19··document?
10:20   20·· · ··A.··Explain the document?
        21·· · ··Q.··No.
        22·· · ··A.··Or -- okay.··I'm sorry.··Document 4.··This is
        23··Southwest Media information.
        24·· · ··Q.··And what is a Southwest Media information?
        25·· · ··A.··I'm not exactly sure.··It looks like it's a --

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        ·1··information for the media from Fox Sports Southwest.
        ·2·· · ··Q.··When did you first see this?
        ·3·· · ··A.··I believe yesterday.
        ·4·· · ··Q.··You had not seen this during the time period
        ·5··that you were considering whether or not to intervene at
        ·6··Fox Sports Southwest regarding Craig James?
        ·7·· · ··A.··I can't recall, but I don't believe so.
        ·8·· · ··Q.··Okay.··Have you look at the fourth paragraph.
        ·9··Would you read that out loud for the record, please.
10:21   10·· · ··A.··"'We're excited to add Craig to the Fox Sports
        11··Southwest team,' Anastassiou said.··'He's a talented
        12··broadcaster who I've admired throughout his career his
        13··knowledge of college football, and the experience he
        14··brings as analyst will be a tremendous asset to our
        15··coverage.'"
        16·· · ··Q.··Who was Anastassiou?
        17·· · ··A.··Anastassiou.
        18·· · ··Q.··Anastassiou?
        19·· · ··A.··He's an employee at Fox Sports Southwest.
10:22   20·· · ··Q.··Do you know what his position is?
        21·· · ··A.··I -- I'm reading up here in the first
        22··paragraph, executive producer.
        23·· · ··Q.··He's actually senior executive producer;
        24··correct?
        25·· · ··A.··I believe that's what it says here.··Again, I'm

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        ·1··not exactly sure what his title is.
        ·2·· · ··Q.··Do you know this individual?
        ·3·· · ··A.··I do know Mike.
        ·4·· · ··Q.··And has he -- do you respect his judgment?
        ·5·· · ··A.··I don't know him well enough or his work to
        ·6··have a personal opinion.
        ·7·· · ··Q.··How long have you known him?
        ·8·· · ··A.··Not very long.··I couldn't say the number of
        ·9··years.
10:22   10·· · ··Q.··Well, it would be a number of years?
        11·· · ··A.··Personally it could be a couple or a few,
        12··right.
        13·· · ··Q.··He works under your supervision; correct?
        14·· · ··A.··Actually, no, not my supervision.
        15·· · ··Q.··Well, he works under people that report
        16··directly to you?
        17·· · ··A.··He works for Fox Sports Southwest.
        18·· · ··Q.··And what does a senior executive producer at
        19··one of the regional sports networks for Fox?
10:23   20·· · ··A.··I've never seen the title senior executive
        21··producer before.··I mean, I'm familiar with what an
        22··executive producer does; but I'm -- I'm not sure what a
        23··senior executive producer does.
        24·· · ··Q.··What does an executive producer do?
        25·· · ··A.··An executive producer oversees production.

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        ·1·· · ··Q.··And what -- at what level does an executive
        ·2··producer oversee production?
        ·3·· · ··A.··Usually -- in this instance, at a regional
        ·4··sports network, I'm not exactly sure.··I would assume
        ·5··it's budgetary and some management of production.
        ·6·· · ··Q.··Who would have issued this Southwest Media
        ·7··information?
        ·8·· · ··A.··I'm just looking at the name on it.··There is a
        ·9··contact of Ramon Alvarez.
10:24   10·· · ··Q.··Who is Ramon Alvarez?
        11·· · ··A.··I think -- I'm sorry.··I don't know Ramon
        12··Alvarez.
        13·· · ··Q.··Do the -- does Fox Sports Southwest have the
        14··authority to issue press releases?
        15·· · ··A.··Yes.
        16·· · ··Q.··And is this --
        17·· · ··A.··If it relates to Fox Sports Southwest.
        18·· · ··Q.··Is this the type of press release that Fox
        19··Sports Southwest would have the authority to issue?
10:25   20·· · ··A.··I believe so.
        21·· · ··Q.··Did you agree that Craig James was a talented
        22··broadcaster?
        23·· · ··A.··Well, because I never saw this before it went
        24··out, I didn't have a chance to agree or disagree.··In my
        25··opinion, I have no personal opinion.

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        ·1·· · ··Q.··Did you have a chance to agree or disagree with
        ·2··that statement after the press release went out?
        ·3·· · ··A.··No, I don't -- I don't believe so.
        ·4·· · ··Q.··Did you ever agree or disagree with that
        ·5··statement after it went out?
        ·6·· · ··A.··The statement has a lot of facets to it.
        ·7·· · ··Q.··I'm just talking about that one paragraph, that
        ·8··one -- the fourth paragraph that says that, "Craig James
        ·9··is a talented broadcaster."
10:26   10·· · · · ··Do you agree with that?
        11·· · ··A.··I actually have no opinion of the talent of the
        12··broadcaster.
        13·· · ··Q.··Okay.··And so then let's go to the next
        14··sentence.··It says, His -- his, Craig James', knowledge
        15··of college football and the experience he brings as an
        16··analyst will be a tremendous asset to our coverage.
        17·· · · · ··Do you see that?
        18·· · ··A.··I do see that.
        19·· · ··Q.··Do you agree or disagree with that?
10:26   20·· · ··A.··Again, my own personal knowledge and opinion --
        21··I -- I don't have one as to the -- as to that particular
        22··statement.
        23·· · ··Q.··Then in the next paragraph it says, "James has
        24··an extensive sports broadcasting career that began in
        25··1989 and has included stints as a college football

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        ·1··studio analyst for CBS and ESPN."
        ·2·· · · · ··Do you see that?
        ·3·· · ··A.··I do see that.
        ·4·· · ··Q.··Do you agree or disagree with that?
        ·5·· · ··A.··I -- I can't agree or disagree since I'm not
        ·6··familiar with the facts.··That seems like a factual
        ·7··statement, so I don't know for sure.
        ·8·· · ··Q.··When did you investigate the background of
        ·9··Craig James to determine whether or not to intervene in
10:27   10··the hiring decision of Fox Sports Southwest?
        11·· · · · ··MS. GRIFFITH:··Objection.··Form.
        12··BY MR. SIEBMAN:
        13·· · ··Q.··Let me ask you this.··Did you intervene in the
        14··hiring decision of Fox Sports Southwest with respect to
        15··the hiring of Craig James?
        16·· · ··A.··Because I had no knowledge of the hiring, there
        17··was no opportunity to intervene.
        18·· · ··Q.··Well, you did intervene; correct?
        19·· · ··A.··No.··After -- you said in the hiring of.··He
10:28   20··was already hired.
        21·· · ··Q.··Okay.··And then you -- you told them to fire
        22··him?
        23·· · ··A.··I -- yes.··I requested that he no longer appear
        24··on Fox Sports.
        25·· · ··Q.··And when did that happen?

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        ·1·· · ··A.··I couldn't give the exact day.··I'm not sure.
        ·2·· · ··Q.··But it happened in the last six months; right?
        ·3·· · ··A.··Could be in the last six months.
        ·4·· · ··Q.··In fact, it was in the last six months; right?
        ·5·· · ··A.··I can't confirm.··I mean, again, you're asking
        ·6··me a time frame exactly.
        ·7·· · ··Q.··Well, it happened -- it happened last -- it
        ·8··happened last Sept -- the 1st of September of 2013;
        ·9··correct?
10:28   10·· · ··A.··Okay.
        11·· · ··Q.··Is that right?
        12·· · ··A.··Okay.··It would be in the last six months.
        13·· · ··Q.··And before you made that decision, you're
        14··telling me that you didn't investigate to determine
        15··whether or not the facts set forth in this Exhibit 4
        16··about Craig James were true or not true?
        17·· · ··A.··There are decisions as it relates to running
        18··the business that don't require an investigation.
        19·· · ··Q.··But wouldn't it be good to know whether or not
10:29   20··the experience he brings would -- as an analyst would be
        21··a tremendous asset to the coverage that Fox Sports
        22··Southwest was providing?
        23·· · ··A.··I think in the -- in the context of judgment
        24··calls, I think it's hard to say about investigations.
        25·· · ··Q.··Okay.··So let me make sure I understand this

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        ·1··correctly.
        ·2·· · · · ··It's your testimony that you did not
        ·3··investigate to determine the level of experience that
        ·4··Craig James had as an analyst; is that correct?
        ·5·· · ··A.··There was no investigation.
        ·6·· · ··Q.··Okay.··Well, let's say, did you look into it?
        ·7·· · ··A.··I'm sorry.··Look into what again?
        ·8·· · ··Q.··Into the level of experience that Craig James
        ·9··had as an analyst prior to intervening at Fox Sports
10:30   10··Southwest and ordering them to terminate him.
        11·· · ··A.··I did not investigate the experience.
        12·· · ··Q.··Did you look into it in any way?
        13·· · ··A.··I don't believe I looked into or investigated
        14··the experience of Craig James.
        15·· · ··Q.··Would your answer be the same with respect to
        16··looking into or investigating his knowledge of college
        17··football?
        18·· · ··A.··No.
        19·· · ··Q.··You didn't look into that either?
10:31   20·· · ··A.··I did not look into or investigate his
        21··knowledge of college football, no.
        22·· · ··Q.··Were you aware of James' -- of Craig James's
        23··extensive sports broadcasting career at the time that
        24··you intervened at Fox Sports Southwest?
        25·· · ··A.··I would say generally aware, yes.

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        ·1·· · ··Q.··And did you know that he had worked at CBS and
        ·2··ESPN?
        ·3·· · ··A.··I did know that, yes.
        ·4·· · ··Q.··Who are the individuals that you said
        ·5··participated with you in the decision to terminate Craig
        ·6··James?
        ·7·· · ··A.··Myself, Jeff Krolik, and Randy Freer.
        ·8·· · ··Q.··Hand you a document that I've marked as
        ·9··Exhibit 5.
10:32   10·· · · · ··(Whereupon the document referred to is marked
        11··by the reporter as Exhibit 5 for identification.)
        12·· · · · ··MS. GRIFFITH:··Can I have a copy?
        13·· · · · ··MR. SIEBMAN:··Oh, yeah.
        14·· · · · ··MS. GRIFFITH:··Thank you.
        15··BY MR. SIEBMAN:
        16·· · ··Q.··Who is -- is it Chris Bellitti?
        17·· · ··A.··Yes.
        18·· · ··Q.··Who is Chris Bellitti?
        19·· · ··A.··Chris is an employee of Fox Sports.
10:33   20·· · ··Q.··And what -- what is his title?
        21·· · ··A.··I don't know his exact title.
        22·· · ··Q.··What is Chris Bellitti's approximate title?
        23·· · ··A.··He could be in that VP/SVP range.
        24·· · ··Q.··In what department?
        25·· · ··A.··In the public relations department.

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        ·1·· · ··Q.··How would he rank in terms of the chain of
        ·2··command with Lou D'Ermilio?
        ·3·· · ··A.··I'm sorry.··What do you mean by chain of
        ·4··command?
        ·5·· · ··Q.··Who would be senior to who, Chris Bellitti or
        ·6··Lou D'Ermilio?
        ·7·· · ··A.··I believe they're kind of peers working in --
        ·8··in the PR department in -- yeah.
        ·9·· · ··Q.··And is this e-mail sent to Randy Freer and Jeff
10:34   10··Krolik?
        11·· · ··A.··On the "to" line is Randy Freer and Jeff Krolik
        12··and Jon Heidtke.
        13·· · ··Q.··Who is Jon Heidtke?
        14·· · ··A.··I don't know his exact title.
        15·· · ··Q.··Do you know where he works?
        16·· · ··A.··He works at Fox Sports Southwest.
        17·· · ··Q.··Randy Freer and Jeff Krolik, who are on the
        18··"to" line of this e-mail, are two of the individuals
        19··that participated with you in the decision to terminate
10:35   20··Craig James; correct?
        21·· · ··A.··Yes.
        22·· · ··Q.··Had you ever seen that e-mail before?
        23·· · ··A.··Before yesterday, no.
        24·· · ··Q.··You saw it yesterday preparing for this
        25··deposition?

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        ·1·· · ··A.··Yes.
        ·2·· · ··Q.··Were you aware of generally the information in
        ·3··the e-mail before yesterday?
        ·4·· · ··A.··Could you be more specific.··I'm sorry.
        ·5·· · ··Q.··In what way?
        ·6·· · · · ··MS. GRIFFITH:··Other than from counsel, for
        ·7··one.
        ·8··BY MR. SIEBMAN:
        ·9·· · ··Q.··I'm not asking what your lawyer told you.··I'm
10:36   10··asking you, during the time period of this e-mail, were
        11··you generally aware of that information?
        12·· · ··A.··Again, I'm sorry.··The information -- is it
        13··that it's 18 months old?
        14·· · ··Q.··No.··The fact that --
        15·· · ··A.··Or that --
        16·· · ··Q.··The fact that Deitsch was dredging up
        17··information about Craig James' comments regarding
        18··homosexuality or gay marriage.
        19·· · ··A.··I was not.
10:37   20·· · ··Q.··Okay.··Were you generally aware that Craig
        21··James was a familiar target for Deitsch?
        22·· · ··A.··I was not.
        23·· · ··Q.··Okay.
        24·· · · · ··MR. SIEBMAN:··I don't know what I'm going to do
        25··with that.··See what you think.

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        ·1·· · · · ··What exhibit number is that?
        ·2·· · · · ··MS. GRIFFITH:··Five.
        ·3·· · · · ··MR. SIEBMAN:··Is that right?
        ·4·· · · · ··MR. SASSER:··Yeah.
        ·5··BY MR. SIEBMAN:
        ·6·· · ··Q.··I'm going to hand you a document that's been
        ·7··marked as Exhibit 6.
        ·8·· · · · ··(Whereupon the document referred to is marked
        ·9··by the reporter as Exhibit 6 for identification.)
10:39   10·· · ··A.··Thank you.
        11·· · ··Q.··Can you identify that e-mail.
        12·· · ··A.··The -- the top portion?··I'm sorry.
        13·· · ··Q.··Let's start with the bottom one.
        14·· · ··A.··Okay.
        15·· · ··Q.··What is the bottom e-mail?··Let me withdraw
        16··that and ask it this way.
        17·· · · · ··Can you identify the e-mail at the bottom of
        18··Exhibit 6.
        19·· · ··A.··The original message was sent from me to Jeff
10:40   20··Krolik, copying Randy Freer, on Saturday, August 31st,
        21··2013, at 7:53 a.m.
        22·· · ··Q.··At -- at the time that you wrote this e-mail,
        23··had you decided that you were going to intervene and
        24··order Fox Sports Southwest to terminate Craig James?
        25·· · ··A.··Going back that far, I probably couldn't

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        ·1··speculate about state of mind at that exact time.··I
        ·2··could basically see what I wrote here.
        ·3·· · ··Q.··If you would, take a look at what you wrote;
        ·4··and see if that refreshes your recollection.
        ·5·· · ··A.··Uh-huh.··So I'd love to talk about the wisdom
        ·6··of hiring Craig James and the hiring without giving
        ·7··anyone a heads-up because we would have advised against
        ·8··it.··And then asking how it went down and -- and who
        ·9··thought it was a good idea and what he -- what his
10:41   10··responsibilities would be.
        11·· · ··Q.··But there is nothing in that e-mail where
        12··you -- you directed anyone to terminate Craig James;
        13··correct?
        14·· · ··A.··In this one, no.
        15·· · ··Q.··You were still looking for information;
        16··correct?
        17·· · ··A.··The information that was asked for, I believe.
        18·· · ··Q.··Right.··And then what is the second e-mail on
        19··Exhibit 6?
10:42   20·· · ··A.··The next e-mail up?
        21·· · ··Q.··Yes.
        22·· · ··A.··Is a response from Jeff Krolik that same day,
        23··August 31st, 2013, a few hours later.
        24·· · ··Q.··And --
        25·· · ··A.··Two and a half hours later.

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        ·1·· · ··Q.··What did he communicate to you that was
        ·2··important to you at the time in this e-mail?
        ·3·· · ··A.··I don't know if I could speak what I thought
        ·4··was important at that time that far back.
        ·5·· · ··Q.··So you don't remember what you were thinking at
        ·6··the time?
        ·7·· · ··A.··No.··I -- I -- you asked me what was -- what
        ·8··struck me as important at that time in this e-mail, and
        ·9··I don't think I can remember what was important at that
10:43   10··time in this particular e-mail.
        11·· · ··Q.··Okay.··Was it -- was it acceptable to you that
        12··Jeff was going to get you a recommendation from the key
        13··players?
        14·· · ··A.··You know, I -- I couldn't recall whether it was
        15··acceptable or not.
        16·· · ··Q.··Have you seen any e-mails where you wrote back
        17··to Jeff that it was not acceptable?
        18·· · ··A.··I -- I don't recall if I've seen any or
        19··remember writing any.
10:43   20·· · ··Q.··In standard operation procedure Jeff Krolik was
        21··your source of information when it came to Fox Sports
        22··Southwest; correct?
        23·· · ··A.··I think, as I said before, he was main source
        24··of information, yes.
        25·· · ··Q.··In fact, you couldn't think of anybody else

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        ·1··that was a source of information; right?
        ·2·· · ··A.··I mean, I believe I said he was the main source
        ·3··of information, yes.
        ·4·· · ··Q.··Okay.··In normal operational procedure was
        ·5··there someone else that was also a regular source of
        ·6··information from Fox Sports Southwest to yourself other
        ·7··than Mr. Krolik?
        ·8·· · ··A.··Regular or -- no.
        ·9·· · ··Q.··So it would have been natural for you to ask
10:44   10··Krolik what's going on at fort -- at Fox Sports
        11··Southwest and for Mr. Krolik to tell you, "I'll find out
        12··and let you know"; right?
        13·· · ··A.··Yes.
        14·· · ··Q.··In fact, he told you that he would get with the
        15··key players and will get with you next week with a
        16··consolidated recommendation; correct?
        17·· · ··A.··That's what it says here, yes.
        18·· · ··Q.··And this was on a Saturday; is that right?
        19·· · ··A.··That's what -- that's what the e-mail states,
10:45   20··yes.
        21·· · ··Q.··Did you ultimately wait for a recommendation
        22··from the key players before making a decision to
        23··intervene and terminate Craig James?
        24·· · ··A.··From a timing perspective, yes, there was no
        25··dissent.

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        ·1·· · ··Q.··Okay.··But my question is, was there a
        ·2··consolidated recommendation from the key players?
        ·3·· · ··A.··As far as the decision-makers of myself and
        ·4··Randy and Jeff, we did come to that recommendation and
        ·5··conclusion.
        ·6·· · ··Q.··And who would you consider to be the key
        ·7··players?
        ·8·· · ··A.··Myself, Jeff, and Randy.
        ·9·· · ··Q.··And it wouldn't include anyone at Fox Sports
10:46   10··Southwest other than Jeff Krolik to the extent that he
        11··was at Fox Sports Southwest?
        12·· · ··A.··You know, not in my personal knowledge, no.
        13·· · ··Q.··And then you forwarded this e-mail to a John
        14··Entz; is that correct?
        15·· · ··A.··Yes.
        16·· · ··Q.··Who is John Entz?
        17·· · ··A.··John is the executive producer on the -- on
        18··a -- inside of a different part of Fox Sports
        19··responsible for a different part of college football.
10:47   20·· · ··Q.··And which part is that?
        21·· · ··A.··More on the national side of college football.
        22·· · ··Q.··Why did you copy John Entz?
        23·· · ··A.··Because this -- this had something to do with
        24··college football.
        25·· · ··Q.··What does a executive producer like John Entz

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        ·1·· · ··A.··Rule of thumb, common sense kind of industry
        ·2··wisdom, industry knowledge that I think you would expect
        ·3··certain people that work for you have common sense
        ·4··within industry knowledge, industry wisdom.
        ·5·· · ··Q.··And why would you have thought it was common
        ·6··sense -- let me withdraw that.
        ·7·· · · · ··Would you have expected through the application
        ·8··of what you call common sense for Fox Sports Southwest
        ·9··to have vetted Craig James with corporate?
11:07   10·· · ··A.··I believe it would have been common sense to do
        11··that, yes.
        12·· · ··Q.··And explain why.
        13·· · ··A.··I think there is a broad public perception and
        14··industry perception that Mr. James used his role at ESPN
        15··in a inappropriate way, and it ended poorly for ESPN
        16··publicly.
        17·· · ··Q.··And what -- in what way did Mr. James use his
        18··role at ESPN inappropriately?
        19·· · ··A.··I can speak to the perception --
11:07   20·· · ··Q.··Okay.
        21·· · ··A.··-- again.··That's a public and industry
        22··perception that the role at ESPN had some inappropriate
        23··level of conduct that ESPN had to deal with.
        24·· · ··Q.··What was that inappropriate conduct?
        25·· · ··A.··As it relates to the perceived incidents at

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        ·1··Texas Tech and what ESPN ended up having to deal with.
        ·2·· · ··Q.··Were you aware that Craig James continued to
        ·3··work at ESPN for a long period of time after the Texas
        ·4··Tech issue?
        ·5·· · ··A.··I'm not aware of the timing of particular
        ·6··events.··I'm aware of -- not aware of the particular
        ·7··timing.
        ·8·· · ··Q.··Were you aware that there was a period of time
        ·9··that he continued to work at ESPN after the Texas Tech
11:09   10··issue?
        11·· · ··A.··I wasn't -- I wasn't.··And I'm not sure today
        12··what the timing is.
        13·· · ··Q.··Were you aware that -- what was your
        14··understanding of whether -- let me withdraw that.
        15·· · · · ··Was it your understanding that he was
        16··terminated by ESPN?
        17·· · ··A.··No.··I don't -- I don't believe I had an
        18··understanding one way or the other as far as termination
        19··at ESPN.
11:09   20·· · ··Q.··Was it your understanding that he had
        21··voluntarily left ESPN to involve -- become involved in a
        22··political race in Texas?
        23·· · ··A.··Again, no.··The details of timing and -- and
        24··disengagement or not, I'm not aware of.
        25·· · ··Q.··Did you look into or conduct any investigation

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        ·1··into that prior to intervening at sports -- Fox Sports
        ·2··Southwest to terminate Mr. James?
        ·3·· · ··A.··Into the public and industry perception, no.
        ·4··There was no investigation into the notion of
        ·5··perception.
        ·6·· · ··Q.··Why were you concerned about the perception?
        ·7·· · ··A.··In my position you look at industry and peer
        ·8··groups; and, you know, I saw exactly what ESPN had to
        ·9··deal with.
11:11   10·· · ··Q.··What did ESPN have to deal with?
        11·· · ··A.··The public incidents and the public perception
        12··of one of their on-air talent and what was happening --
        13··you know, what ESPN was having to deal with from a --
        14··from a perception perspective themselves.
        15·· · ··Q.··Who did you talk to at ESPN to determine what
        16··they were having to deal with?
        17·· · · · ··MS. GRIFFITH:··Objection.··Form.
        18·· · · · ··THE WITNESS:··Didn't believe I talked to anyone
        19··at ESPN because it was perception.··I didn't -- I didn't
11:11   20··get into the details with -- with ESPN.
        21··BY MR. SIEBMAN:
        22·· · ··Q.··So what were they doing to deal with this
        23··issue?
        24·· · ··A.··Again, I said I didn't really speak to anyone
        25··at ESPN about what they were doing.

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        ·1·· · ··Q.··So you didn't -- you had no idea what ESPN was
        ·2··doing or not doing with respect to Craig James; correct?
        ·3·· · ··A.··I have no knowledge of the -- of what ESPN was
        ·4··doing internally, as you say, to deal with it.
        ·5·· · ··Q.··What were they doing that you observed
        ·6··externally to deal with it?
        ·7·· · ··A.··They were -- well, there were a lot of, you
        ·8··know, consumer press and trade press articles that they
        ·9··were having to deal with as it relates to behavior at
11:12   10··Texas Tech.
        11·· · ··Q.··Anything else besides behavior at Texas Tech
        12··that you were aware of initially?
        13·· · ··A.··No.··That ESPN was dealing with, no.
        14·· · ··Q.··Anything beyond -- are you aware of anything
        15··beyond what Texas Tech was dealing with initially that
        16··caused you concerns with respect to Craig James?
        17·· · ··A.··I wasn't -- you asked what Texas Tech was
        18··dealing with, and I'm not aware of anything Texas Tech
        19··itself was dealing with.
11:13   20·· · ··Q.··Okay.
        21·· · ··A.··We were kind of speaking about ESPN.
        22·· · ··Q.··So let me back up, then, and ask you this.
        23·· · · · ··The -- what other press issues were you aware
        24··of that related to Craig James when you initially
        25··started reviewing the issue?

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        ·1·· · ··A.··Personally I wasn't aware of any.
        ·2·· · ··Q.··So the only thing would have been the Texas
        ·3··Tech issue?
        ·4·· · ··A.··As far as public perception goes and industry
        ·5··perception, yes.
        ·6·· · ··Q.··And what if -- what beyond industry and public
        ·7··perception were you concerned about?
        ·8·· · ··A.··I mean, that was clearly the main thing.··What
        ·9··had popped into my head was some colleagues that worked
11:14   10··with him at ESPN -- or at CBS that had stated he may not
        11··have put in the most effort or might not have the
        12··highest work ethic at that time.
        13·· · ··Q.··And who told you that?
        14·· · ··A.··I'd say that that was, again, kind of a
        15··industry perception of the people that, you know, I
        16··talked to a long time ago that were at CBS.
        17·· · ··Q.··Who do you recall had that -- communicated that
        18··perception to you?
        19·· · ··A.··I believe one individual that had worked with
11:15   20··him that had popped into my head was Jay Glazer.
        21·· · ··Q.··And where -- where was Jay Glazer at the time?
        22··And "at the time," I mean in August and September of
        23··this year.
        24·· · ··A.··August and September of this year.··Well, Jay
        25··has worked for -- for Fox Sports now.··I don't recall

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        ·1··the number of years.··But he's been there a number of
        ·2··years.
        ·3·· · ··Q.··And he worked with Craig James at CBS?
        ·4·· · ··A.··Yes.
        ·5·· · ··Q.··When did Mr. Glazer communicate to you that he
        ·6··thought that Craig James did not work that hard?
        ·7·· · ··A.··I can't recall the exact time frame.
        ·8·· · ··Q.··Would it have been during the
        ·9··September/August 2013 time period or prior to that?
11:16   10·· · ··A.··I believe it was prior.
        11·· · ··Q.··Would one employee's perception of Craig James'
        12··work ethic been sufficient reason for you to intervene
        13··at Fox Sports Southwest and their decision if that was
        14··all that was of a concern?
        15·· · · · ··MS. GRIFFITH:··Objection.··Form.
        16·· · · · ··THE WITNESS:··That wasn't the only -- so I
        17··don't know what context you're talking about.··This
        18··particular context or some other context?
        19··BY MR. SIEBMAN:
11:17   20·· · ··Q.··In this context.··If your only concern was work
        21··ethic, would that have been a sufficient justification
        22··in your mind for you to have reversed a hiring decision
        23··by Fox Sports Southwest?
        24·· · ··A.··It wasn't.
        25·· · ··Q.··Right.··But hypothetically if it was.

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        ·1·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·2·· · · · ··THE WITNESS:··Yeah.··I think that's -- I don't
        ·3··know.··It's hard to speculate.··But in this instance it
        ·4··wasn't.
        ·5··BY MR. SIEBMAN:
        ·6·· · ··Q.··How many times at Fox Sports Southwest have you
        ·7··intervened and reversed a hiring decision during your
        ·8··decade at Fox Sports?
        ·9·· · ··A.··Well, during my decade at Fox Sports, or
11:18   10··however many years it's been, it's only been a short
        11··period of time where my responsibilities included Fox
        12··Sports Southwest.··A very short period of time.
        13·· · ··Q.··How long?
        14·· · ··A.··A few years.
        15·· · ··Q.··Approximately how many years?
        16·· · ··A.··A few.··A few years.
        17·· · ··Q.··When -- when did you first assume control or an
        18··ability to have input in a -- in a decision affecting
        19··Fox Sports Southwest?
11:19   20·· · ··A.··It would have been within that time frame of a
        21··few years.
        22·· · ··Q.··I'm asking for a approximate date.
        23·· · ··A.··I'm not going to be able to give you an
        24··approximate date.
        25·· · ··Q.··Okay.··So during the few years that you've had

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        ·1··responsibility over Fox Sports Southwest, how many times
        ·2··have you intervened and reversed a hiring decision that
        ·3··was made by Fox Sports Southwest?
        ·4·· · ··A.··I would say a couple.··I've integrated -- you
        ·5··know, dealt with Fox Sports Southwest talent a couple of
        ·6··times.
        ·7·· · ··Q.··Okay.··I'm not asking about dealt with.··I'm
        ·8··asking instances where you have reversed a decision that
        ·9··was already made.
11:20   10·· · ··A.··A couple of times, I would say, in -- depending
        11··on the context that you're talking about.··But a couple
        12··of times, yeah.
        13·· · ··Q.··Okay.··So who were they?
        14·· · ··A.··Let's see.··They had hired an analyst by the
        15··name of Joel Klatt to serve on a particular college
        16··football package, and we decided to put Joel Klatt on a
        17··different college football package, so we changed what
        18··they were doing.
        19·· · ··Q.··So you really didn't terminate -- is it Klatt?
11:20   20·· · ··A.··Yes.
        21·· · ··Q.··How do you spell it?··C-l-a-t-t?
        22·· · ··A.··With a K.
        23·· · ··Q.··K-l-a-t-t?
        24·· · ··A.··Right.
        25·· · ··Q.··So you really didn't terminate Mr. Klatt;

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        ·1··correct?
        ·2·· · ··A.··You didn't asked if I had terminate -- you'd
        ·3··asked if we reversed their decision.
        ·4·· · ··Q.··So let me be more careful.
        ·5·· · · · ··How many times have you intervened at Fox
        ·6··Sports Southwest and ordered them to terminate someone
        ·7··that they had previously hired?
        ·8·· · ··A.··Other than that, you know -- that wasn't a
        ·9··termination.··But other than that, no.··I can't say that
11:21   10··I -- I recall doing one.
        11·· · ··Q.··So Craig James would be the only one?
        12·· · ··A.··I believe so.··At Fox Sports Southwest, yes.
        13·· · ··Q.··How about at the other regional sports
        14··networks?
        15·· · ··A.··There are instances, yes.
        16·· · ··Q.··Okay.··Which is the first one that comes to
        17··mind?
        18·· · ··A.··I believe there was a -- there was a on-air
        19··talent -- I can't remember if it was in Midwest or
11:22   20··Arizona -- that I had asked to be removed.
        21·· · ··Q.··Who was that?
        22·· · ··A.··I believe Dan or Dave McLaughlin.
        23·· · ··Q.··And what -- why did you ask for Dave or Dan
        24··McLaughlin to be removed from either the Midwest or
        25··Arizona?

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        ·1·· · ··A.··In that particular instance there were a number
        ·2··of driving-under-the-influence charges.
        ·3·· · ··Q.··So --
        ·4·· · ··A.··I wouldn't say "a number."··I'm sorry.··I'd say
        ·5··"a couple."··I don't want to sound awful at this.
        ·6·· · ··Q.··So Mr. McLaughlin had multiple DWI charges; is
        ·7··that correct?
        ·8·· · ··A.··I believe so, yes.
        ·9·· · ··Q.··Other than that one, can you think of anyone
11:23   10··else, other than Mr. James, involving any of the
        11··regional sports networks?
        12·· · ··A.··There have been others that -- when you say --
        13··reversed or terminated?
        14·· · ··Q.··Terminated.
        15·· · ··A.··To my knowledge, I can't remember any that
        16··actually ended up other than that, yeah.
        17·· · ··Q.··Okay.··Did you actually rehire Don or Dave
        18··McLaughlin?
        19·· · ··A.··As it turns out, he didn't end up working for
11:24   20··us.··He worked for the team, which was a little bit of
        21··confusion.··Sometimes the team hires these guys, and
        22··sometimes the RSN hires them.
        23·· · ··Q.··What do you mean "the team"?
        24·· · ··A.··In our -- sometimes in a region with a baseball
        25··or a hockey or a basketball team, the announcers are

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        ·1··actually employees of the team rather than the regional
        ·2··sports network.
        ·3·· · ··Q.··And despite who was his technical employer, was
        ·4··he on a fort -- a Fox Sports broadcast?
        ·5·· · ··A.··Who are you talking about again?
        ·6·· · ··Q.··Dan or Dave McLaughlin.
        ·7·· · ··A.··I believe so.
        ·8·· · ··Q.··So even after you intervened and had him
        ·9··terminated for multiple DWIs, you still allowed him to
11:25   10··appear in Fox Sports broadcasts subsequently?
        11·· · ··A.··I would have to go back and check the details
        12··of if he was -- you asked me if I had requested anybody
        13··be terminated.
        14·· · ··Q.··Right.
        15·· · ··A.··I think we have to go back and check the
        16··details, if he was terminated or suspended and by whom.
        17·· · ··Q.··So you -- you think even though you asked he be
        18··terminated, maybe he wasn't?
        19·· · ··A.··Again, it kind of goes back to actually who
11:26   20··could -- could I do it and who he worked for.
        21·· · ··Q.··What was your position at the time?
        22·· · ··A.··It would have been in this early -- this most
        23··recent stint in the last few years.
        24·· · ··Q.··And you would have been president of Fox Sports
        25··at the time?

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        ·1·· · ··A.··Or co-president.··One of those two.
        ·2·· · ··Q.··Okay.··Do you have authority as president or
        ·3··co-president of -- let me withdraw that and start over.
        ·4·· · · · ··As co-president of Fox Sports, do you have the
        ·5··authority to fire someone at a regional sports network?
        ·6·· · ··A.··If they work for us.
        ·7·· · ··Q.··What do you mean "if they work for us"?··Who is
        ·8··"us"?
        ·9·· · ··A.··I think if they work for Fox Sports.
11:27   10·· · ··Q.··And that would include Fox Sports regional
        11··networks?
        12·· · ··A.··If the individual, I believe, works for the
        13··regional network, yes.
        14·· · ··Q.··Okay.··And if they work for the team, maybe
        15··not?
        16·· · ··A.··Exactly.
        17·· · ··Q.··And you think that Mr. McLaughlin may have
        18··worked for the team?
        19·· · ··A.··I would say it's possible.
11:27   20·· · ··Q.··Okay.··So if that was the case, that
        21··Mr. McLaughlin worked for the team as opposed to Fox
        22··Sports, then we're back to Mr. --
        23·· · · · · · ·(Telephonic interruption.)
        24··BY MR. SIEBMAN:
        25·· · ··Q.··-- we're back to -- let me withdraw that and

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        ·1··rephrase.
        ·2·· · · · ··If, in fact, it turns out that Mr. McLaughlin
        ·3··worked for the team as opposed to Fox Sports, then we're
        ·4··back to Mr. Craig James being the only person that
        ·5··you've ever intervened with respect to employment at a
        ·6··regional sports network and require -- and required
        ·7··their termination; correct?
        ·8·· · ··A.··I believe that's the case.
        ·9·· · ··Q.··Now, I want to go back and talk to you about
11:28   10··Joel Klatt.
        11·· · ··A.··Yes.
        12·· · ··Q.··You asked that he be reassigned to a different
        13··position; is that correct?
        14·· · ··A.··Yes.
        15·· · ··Q.··What position did you request that he be
        16··reassigned to?
        17·· · ··A.··There was a different college football package
        18··for him to be assigned to.
        19·· · ··Q.··What do you mean by "college football package"?
11:29   20·· · ··A.··There are a number of...
        21·· · ··Q.··Why did you think he would be better for one
        22··package than another package?
        23·· · ··A.··In Joel Klatt's case we were expanding our
        24··college football packages and, you know, based on
        25··judgment decided that we needed him somewhere else.

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        ·1·· · · · ··MR. SIEBMAN:··Let's take a break.
        ·2·· · · · ··THE VIDEOGRAPHER:··This ends Disk 1.
        ·3·· · · · ··We are off the record at 11:30 a.m.
        ·4·· · · · · · ·(A recess is taken.)
        ·5·· · · · ··THE VIDEOGRAPHER:··We are back on the record at
        ·6··11:38 a.m.
        ·7·· · · · ··This begins Disk No. 2 in the deposition of
        ·8··Eric Shanks.
        ·9··BY MR. SIEBMAN:
11:37   10·· · ··Q.··Mr. Shanks, when did Mr. Freer become
        11··president -- let me withdraw that.
        12·· · · · ··What is Mr. Freer's current title?
        13·· · ··A.··I believe it's president of Fox Networks Group.
        14·· · ··Q.··When did he assume that title?··When did he --
        15··when did he -- when did he become president of Fox
        16··Network Group?
        17·· · ··A.··I couldn't say the exact date.
        18·· · ··Q.··Can you say the approximate date?
        19·· · ··A.··I couldn't give a -- probably a range of dates.
11:38   20·· · ··Q.··Was it after the decision was made to terminate
        21··Craig James?
        22·· · ··A.··I believe it was after.
        23·· · ··Q.··So at the time that the decision was made
        24··regarding Craig James, you and Mr. Freer were
        25··co-presidents of Fox Sports; is that correct?

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        ·1··
        ·2·
        ·3··
        ·4·· · ··
        ·5·
        ·6·· · ··
        ·7·
        ·8·· · ··
        ·9·
11:43   10·· · ··
        11·· · ··
        12·
        13·· · ·
        14·· · ··
        15·· · · · · · · · · · ·
        16·
        17·· · ·
        18··
        19·· · ··
11:43   20·· · ··Q.··Is it possible that you made the decision to
        21··terminate Craig James before Craig James even went on
        22··the air?
        23·· · ··A.··Act -- I don't know.··I don't know when he went
        24··on the air.
        25·· · ··Q.··Assuming he went on the air Saturday night --

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        ·1··when do you normal -- when would Fox Sports Southwest
        ·2··normally have its Saturday broadcast that Craig James
        ·3··was associated with?
        ·4·· · ··A.··I'm not familiar with the on-air times of when
        ·5··the games happen in their particular region or
        ·6··conference.
        ·7·· · ··Q.··Were you considering the termination of Craig
        ·8··James even before he went on the air?
        ·9·· · ··A.··Since I didn't -- I don't know when he went on
11:44   10··the air.
        11·· · ··Q.··Was it anything about his performance on the
        12··air for Fox Sports Southwest that led you to terminate
        13··him?
        14·· · ··A.··I didn't -- I didn't personally see Craig James
        15··on the air at Fox Sports Southwest, no.
        16·· · ··Q.··Did you hear anything negative about his
        17··performance?
        18·· · ··A.··I didn't hear anything one way or the other.
        19·· · ··Q.··So it would be fair to say, then, that his
11:45   20··performance on the air for Fox Sports Southwest had
        21··nothing to do with his termination?
        22·· · ··A.··Again, I didn't hear one thing one way or the
        23··other about on-air performance.
        24·· · ··Q.··So how could it fit into your decision-making
        25··process if you didn't hear one way or the other?

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        ·1·· · ··A.··In my own personal opinion I didn't agree or
        ·2··disagree with it since I didn't make it.
        ·3·· · ··Q.··As -- how about in your position as a member of
        ·4··management?
        ·5·· · ··A.··Again, I -- I didn't agree or disagree with
        ·6··what Mike Anastassiou said.··I had no personal
        ·7··knowledge.
        ·8·· · ··Q.··Well, one of the things he said is that, "Craig
        ·9··James' knowledge of college football and the experience
11:52   10··he brings as an analyst will be a tremendous asset to
        11··our coverage"; correct?
        12·· · ··A.··That is what Mike Anastassiou said, yes.
        13·· · ··Q.··In an official Fox Sports press release;
        14··correct?
        15·· · ··A.··In a Fox Sports Southwest press release.
        16·· · ··Q.··But that's part of Fox Sports; right?
        17·· · ··A.··I don't know what the legal structure -- if it
        18··is or if it isn't.
        19·· · ··Q.··But operationally you consider that part of Fox
11:53   20··Sports; correct?
        21·· · ··A.··We do, yes.
        22·· · ··
        23··
        24··
        25·· · ·

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        ·1··
        ·2·· · ··Q.··Had the decision been made to terminate Craig
        ·3··James at that time?
        ·4·· · ··A.··I don't know the exact timing of 8:47 p.m. on
        ·5··that Saturday.··I'm not -- I'm not exactly sure.
        ·6·· · ··Q.··To the best of your knowledge, when was the
        ·7··decision made?
        ·8·· · ··A.··I believe -- I mean, over that weekend, I
        ·9··believe, or -- or over that near span of time.
11:54   10·· · ··Q.··Let me hand you a document that's marked as
        11··Exhibit 11.
        12·· · · · ··(Whereupon the document referred to is marked
        13··by the reporter as Exhibit 11 for identification.)
        14·· · · · ··MS. GRIFFITH:··Thank you.
        15··BY MR. SIEBMAN:
        16·· · ··Q.··Can you identify Exhibit 11 for the record,
        17··please.
        18·· · ··A.··Exhibit 11 is another e-mail.
        19·· · ··Q.··And who is it from?
11:55   20·· · ··A.··It's from me.
        21·· · ··Q.··And who is it to?
        22·· · ··A.··Jeff Krolik.
        23·· · ··Q.··And is it in response to an e-mail that Jeff
        24··Krolik had sent to you previously?
        25·· · ··A.··It looks as if it is, yes.

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        ·1·· · ··Q.··What did --
        ·2·· · · · ··MR. SIEBMAN:··Let's find the Krolik one.··It's
        ·3··back here.··Go ahead and mark it.
        ·4·· · · · ··MS. GRIFFITH:··Thank you.
        ·5··BY MR. SIEBMAN:
        ·6·· · ··Q.··Just so we'll see who the "to" and "from" are
        ·7··on the Krolik e-mail, let me hand you Exhibit 12 and ask
        ·8··you if you can identify that.
        ·9·· · · · ··(Whereupon the document referred to is marked
11:56   10··by the reporter as Exhibit 12 for identification.)
        11·· · ··A.··Okay.
        12·· · ··Q.··Identify that for the record, please.
        13·· · ··A.··It looks as if it's an e-mail.
        14·· · ··Q.··Who is it from?
        15·· · ··A.··It is from Jeff Krolik.
        16·· · ··Q.··Who is it to?
        17·· · ··A.··It's to me.
        18·· · ··Q.··Okay.··And it's on Sunday, September the 1st,
        19··2013; is that correct?
11:56   20·· · ··A.··It look -- yes.
        21·· · ··Q.··And Mr. Krolik said, "It sounds like timing is
        22··an issue here."
        23·· · · · ··Do you see that?
        24·· · ··A.··I do see that, yes.
        25·· · ··Q.··Then he says, "Think we want to be out front

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        ·1··with our decision before press comes out."
        ·2·· · · · ··Do you see that?
        ·3·· · ··A.··I do see that, yes.
        ·4·· · ··Q.··What press was he talking about?
        ·5·· · ··A.··I can't be exactly sure since he wrote the
        ·6··e-mail.··I think it's hard for me to speculate
        ·7··everything he's talking about.
        ·8·· · ··Q.··What did you understand he was referring to
        ·9··when he wrote you this e-mail?
11:57   10·· · ··A.··Going back that far, I can't be specific as to
        11··exactly what I was thinking about that particular
        12··phrase.
        13·· · ··Q.··What press did you think he was referring to?
        14·· · · · ··MS. GRIFFITH:··Objection.··Form.
        15··BY MR. SIEBMAN:
        16·· · ··Q.··What did you understand to be the press that
        17··was going to be coming out regarding Craig James that
        18··was of concern to Fox Sports?
        19·· · ··A.··I'm not sure -- you're asking if I had a
11:58   20··concern or if he had a concern?
        21·· · ··Q.··I'm asking what you understood from this
        22··e-mail.
        23·· · ··A.··What I understood from the e-mail.
        24·· · · · ··That some press would be coming out, if I read
        25··his e-mail and understand it.

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        ·1·· · ··Q.··Were you curious about what that press might
        ·2··be?
        ·3·· · ··A.··Based on my response I don't think I was
        ·4··curious about the details, no.
        ·5·· · ··Q.··And what aspect of the press were you concerned
        ·6··about other than the details?
        ·7·· · ··A.··I think, going back, I never said I was
        ·8··concerned.
        ·9·· · ··Q.··So you weren't concerned about the press that
11:58   10··was going to come out about Craig James?
        11·· · ··A.··I don't -- I don't think I was asked if I was
        12··concerned.
        13·· · ··Q.··Okay.··Well, were you concerned about the press
        14··that was going to be coming out regarding Craig James?
        15·· · ··A.··I believe I was concerned about some of the
        16··same press that ESPN had to deal with, yeah.
        17·· · ··Q.··Okay.··And were you concerned about any of the
        18··other press?
        19·· · ··A.··What other press would you be talking about?
11:59   20·· · ··Q.··The press that Mr. Deitsch was talking about
        21··bringing forth and the press that was in the Sports
        22··Illustrated article.
        23·· · · · ··MS. GRIFFITH:··Objection.··Form.
        24·· · · · ··THE WITNESS:··I wasn't aware of any of that.
        25··///

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        ·1··BY MR. SIEBMAN:
        ·2·· · ··Q.··Okay.··And you weren't curious enough to ask
        ·3··Mr. Krolik, "What press are you talking about coming
        ·4··out?"
        ·5·· · ··A.··Based on my e-mail response at the time, it
        ·6··doesn't seem so.
        ·7·· · ··Q.··Did you think it was important to be out front
        ·8··with the decision before the press comes out?
        ·9·· · ··A.··I believe that based on my response, I said it
12:00   10··was fine.
        11·· · ··Q.··And you're talking about Exhibit 11; right?
        12·· · ··A.··Yes.
        13·· · ··Q.··And what he asked you in Exhibit 12 was, "Do
        14··you want to wait?"··Correct?
        15·· · ··A.··Correct.
        16·· · ··Q.··And you said, no, you didn't want to wait;
        17··right?
        18·· · ··A.··I said that's -- "No.··That's fine.··Let's go
        19··with it."
12:00   20·· · ··Q.··Well, why did you want to go with it at that
        21··point instead of wait?
        22·· · ··A.··I guess based on my understanding of the timing
        23··as it relates to the decision that had been made, I
        24··probably didn't think there was a reason to wait if a
        25··decision had been made.

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        ·1··calls.
        ·2·· · ··Q.··Where does Jeff office?
        ·3·· · ··A.··Jeff's office is in Los Angeles.
        ·4·· · ··Q.··And where do you office?
        ·5·· · ··A.··My office is also in Los Angeles.
        ·6·· · ··Q.··Did you and he talk about this matter at all
        ·7··either on the phone or personally?
        ·8·· · ··A.··I don't recall any specifics or any specific
        ·9··conversations about it.
12:05   10·· · ··Q.··But do you recall generally that had you some
        11··discussions?
        12·· · ··A.··I actually can't say if I recall having a
        13··verbal discussion with him about it.
        14·· · ··Q.··You're saying that you didn't or that you don't
        15··know whether you did?
        16·· · ··A.··I -- I don't know whether I did or not.
        17·· · ··Q.··Let me hand you a document that's been marked
        18··as Exhibit 13.
        19·· · · · ··Would you agree with me that Exhibit 13 is an
12:06   20··e-mail from Jeff Krolik to Jon Heidtke and Michael
        21··Connelly?
        22·· · · · ··(Whereupon the document referred to is marked
        23··by the reporter as Exhibit 13 for identification.)
        24·· · ··A.··Yes.
        25·· · ··Q.··And what is -- and Jeff Krolik was one of the

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        ·1··individuals that was involved in the decision to
        ·2··terminate Craig James; correct?
        ·3·· · ··A.··He was part of the management team, yes.
        ·4·· · ··Q.··And what's the subject mat -- what's the
        ·5··subject line of his e-mail to John Heidtke and Michael
        ·6··Connelly?
        ·7·· · ··A.··I believe that it was -- this is a forward, so
        ·8··he didn't write this particular subject line.··The
        ·9··subject line is below, from Chris Bellitti.
12:07   10·· · ··Q.··Okay.··What is the subject line?
        11·· · ··A.··The subject line from Chris Bellitti is, "Craig
        12··James Gay Pride Controversy."
        13·· · ··Q.··What is the gay pride controversy?
        14·· · ··A.··I don't know.··I'm not on this e-mail.
        15·· · ··Q.··I'm not asking about this e-mail.··I'm asking
        16··what the gay pride controversy was at Fox Sports.
        17·· · ··A.··I -- I'm -- I don't know what the gay
        18··controversy was at Fox sports.
        19·· · ··Q.··You're under oath.··You're swearing under oath
12:07   20··that have you no idea even as you sit here today what
        21··the gay pride controversy was?
        22·· · ··A.··At Fox Sports?
        23·· · ··Q.··Yes, at Fox Sports.
        24·· · ··A.··In my personal knowledge?
        25·· · ··Q.··No.··I'm saying based on your knowledge as

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        ·1··president of Fox Sports.
        ·2·· · ··A.··Again, in my personal knowledge as president of
        ·3··Fox Sports, I was in no way aware of a gay pride
        ·4··controversy.
        ·5·· · ··Q.··Okay.··But Jeff Krolik clearly was; correct?
        ·6·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·7·· · · · ··THE WITNESS:··I think you're asking me to
        ·8··speculate on an e-mail that I wasn't on and didn't
        ·9··write.
12:08   10··BY MR. SIEBMAN:
        11·· · ··Q.··Okay.··But Jeff Krolik sent an e-mail, the
        12··subject of which was, "Craig James Gay Pride
        13··Controversy"; correct?
        14·· · · · ··MS. GRIFFITH:··Objection.··Form.
        15·· · · · ··THE WITNESS:··What was the question again?
        16··BY MR. SIEBMAN:
        17·· · ··Q.··Jeff Krolik, who was part of the
        18··decision-making team, wrote an e-mail that had as its
        19··subject, "Craig James Gay Pride Controversy"; correct?
12:08   20·· · · · ··MS. GRIFFITH:··Objection.··Form.
        21·· · · · ··THE WITNESS:··There is an e-mail here, yes,
        22··with Jeff's name on it.
        23··BY MR. SIEBMAN:
        24·· · ··Q.··Okay.··And then it's a -- the question that
        25··he -- what question did he ask Jon and -- Heidtke and

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        ·1··Michael Connelly?
        ·2·· · ··A.··"What are we hiring Mr. James to do?"··And,
        ·3··"This is all news to me."
        ·4·· · ··Q.··Do you think that was part of that
        ·5··information-gathering process that you instructed him to
        ·6··engage in that he told you that he would complete and
        ·7··report back the next week?
        ·8·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·9·· · · · ··THE WITNESS:··I think -- if I look at this,
12:09   10··this was on Friday --
        11··BY MR. SIEBMAN:
        12·· · ··Q.··Right.
        13·· · ··A.··-- August 30th.··I think my e-mail was the day
        14··after, so I don't think this could have been in response
        15··to my information gathering.
        16·· · ··Q.··Okay.··So you think this was even prior to your
        17··initial contact with Jeff Krolik?
        18·· · ··A.··If I -- if I go by the dates of what you've
        19··given me, potentially yes.
12:09   20·· · ··Q.··Okay.··And then -- it's in response to an
        21··e-mail from Chris Bellitti; correct?
        22·· · ··A.··Yes.
        23·· · ··Q.··To Randy Freer, Jeff Krolik, and John Heidtke;
        24··correct?
        25·· · ··A.··Yes.

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        ·1·· · ··Q.··And at this time Randy Freer was your
        ·2··co-president; right?
        ·3·· · ··A.··At this time I believe so, yes.
        ·4·· · ··Q.··And by "this time," I mean Friday, August 30th,
        ·5··2013; correct?
        ·6·· · ··A.··Yes.
        ·7·· · ··Q.··And -- and both of those individuals were part
        ·8··of the decision-making team that decided to terminate
        ·9··Craig James; correct?
12:10   10·· · ··A.··They were part of the team, yeah.
        11·· · ··Q.··And in the e-mail that Chris sent to Randy
        12··Freer and Jeff Krolik and John Heidtke, the subject
        13··matter is the Craig James gay pride controversy;
        14··correct?
        15·· · ··A.··Yes.
        16·· · ··Q.··And they indicate that the story is 18 months
        17··old, but Richard Deitsch from Sports Illustrated is
        18··dredging it up; is that right?··That's what they say?
        19·· · · · ··MS. GRIFFITH:··Objection.··Form.
12:11   20·· · · · ··THE WITNESS:··I think that's what they say,
        21··yes.
        22··BY MR. SIEBMAN:
        23·· · ··Q.··Okay.··I mean, that's what Chris Bellitti says
        24··to Randy Freer and Jeff Krolik?
        25·· · ··A.··Yes.

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        ·1·· · ··Q.··And Chris even provides a link -- an Internet
        ·2··link to a link that's from deadspin.com; is that
        ·3··correct?
        ·4·· · ··A.··It looks -- it looks as if that's the case,
        ·5··yes.
        ·6·· · ··Q.··And that -- that Internet link makes reference
        ·7··to, "Craig James promises to never ride in a gay
        ·8··parade"; is that correct?
        ·9·· · ··A.··I think that's what the link says.··I'm not
12:11   10··sure what it links to.
        11·· · ··Q.··Okay.··And it's your testimony under oath that
        12··as one of the co-presidents at Fox Sports, you had no
        13··idea that there was -- of what was meant by the gay
        14··parade controversy; correct?
        15·· · ··A.··Well, seeing as I wasn't part of it or aware of
        16··any of this, no, I didn't know at -- I didn't know.
        17·· · ··Q.··So the two guys that were involved in the --
        18··with you in the decision-making kept you totally in the
        19··dark on that?
12:12   20·· · · · ··MS. GRIFFITH:··Objection.··Form.
        21·· · · · ··THE WITNESS:··I mean, I can't speculate about
        22··keeping in the dark or not.··I was unaware of this.
        23··BY MR. SIEBMAN:
        24·· · ··Q.··Well, they clearly knew about it; right?
        25·· · · · ··MS. GRIFFITH:··Objection.··Form.

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        ·1·· · · · ··THE WITNESS:··Again, I think that you're asking
        ·2··me to speculate what they knew and what they didn't
        ·3··know; and so -- we've read the e-mails.
        ·4··BY MR. SIEBMAN:
        ·5·· · ··Q.··Since all this took place have you conducted an
        ·6··investigation or looked into the issue of the gay pride
        ·7··controversy?
        ·8·· · ··A.··Could you be more specific about what the gay
        ·9··pride -- the gay pride controversy --
12:13   10·· · ··Q.··Okay.
        11·· · ··A.··-- what it is?
        12·· · ··Q.··Yeah.··Let me be more specific about that.
        13·· · · · ··Have you looked into or done any investigation
        14··regarding the issue of Craig James making certain
        15··comments in the political campaign in Texas that some
        16··people have referred to as the gay pride controversy?
        17·· · ··A.··Me personally, since that was not a part of my
        18··decision-making progress -- process, I have not launched
        19··an investigation into the gay pride controversy.
12:14   20·· · ··Q.··Have you done anything to investigate the
        21··allegation that Craig James was terminated in part
        22··because of his religious beliefs about homosexuality?
        23·· · ··A.··Again, because of my personal involvement and
        24··that that was not part of the decision-making process, I
        25··have not launched an investigation.

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        ·1·· · ··Q.··Okay.··Well, you accepted recommendations from
        ·2··Mr. Jeff Krolik, correct, with respect to what to do to
        ·3··Craig James?
        ·4·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·5·· · · · ··THE WITNESS:··I don't know if recommendations
        ·6··is the right word.··I believe that there was no dissent
        ·7··when we came together.
        ·8··BY MR. SIEBMAN:
        ·9·· · ··Q.··Well, he clearly told you that he thought Craig
12:15   10··James should be terminated; correct?
        11·· · · · ··MS. GRIFFITH:··Objection.··Form.
        12·· · · · ··THE WITNESS:··I -- I don't recall if in any of
        13··these documents -- I don't know recall if he said that.
        14··BY MR. SIEBMAN:
        15·· · ··Q.··I'm not asking about the documents.··I'm asking
        16··you under oath, Mr. Shanks, whether or not Mr. Krolik
        17··ever told you he thought Craig James should be
        18··terminated.
        19·· · ··A.··I believe we decided as a group that that was
12:15   20··the case, yes.
        21·· · ··Q.··And Mr. Jeff Krolik told you he thought Craig
        22··James should be terminated; right?
        23·· · ··A.··Again, I think there was no dissent.··We
        24··decided as a group, so --
        25·· · ··Q.··I'm not asking about dissent.··I'm asking you

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        ·1··whether or not Jeff Krolik voted to term -- and told you
        ·2··that he thought Craig James should be terminated.
        ·3·· · ··A.··Again, yes, we all did, yes.
        ·4·· · ··Q.··And so did Mr. Freer; correct?
        ·5·· · ··A.··Yes, we did.
        ·6·· · ··Q.··Have you done any investigation as president of
        ·7··Fox Sports to determine whether either of those men was
        ·8··motivated by religious prejudice?
        ·9·· · ··A.··Again, because of that group, we didn't believe
12:16   10··that that was a part of the decision-making process.··In
        11··my personal experience I have not asked for an
        12··investigation to be launched into that.
        13·· · ··Q.··Have you done anything to determine whether or
        14··not Mr. Freer and Mr. Krolik were motivated by religious
        15··prejudice?
        16·· · ··A.··Because the decision -- as I was exposed to it
        17··in my own personal part of that decision, I did not
        18··launch an investigation because that did not come into
        19··play.
12:17   20·· · ··Q.··Right.··But you're only one of the three;
        21··right?
        22·· · ··A.··That didn't come up in that decision-making
        23··process, so I had no reason to believe that there should
        24··be an investigation necessary.
        25·· · ··Q.··But you knew that your -- your PR man, Lou --

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        ·1··is it D'Ermilio?
        ·2·· · ··A.··Lou D'Ermilio.
        ·3·· · ··Q.··He was issuing press releases saying that was
        ·4··part of the reason; right?
        ·5·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·6·· · · · ··THE WITNESS:··Again, there was not a press
        ·7··release.··He was not speaking on behalf of Fox.
        ·8··BY MR. SIEBMAN:
        ·9·· · ··Q.··Well, he was a Fox spokesperson; right?
12:18   10·· · ··A.··He's not -- Lou D'Ermilio was not part of the
        11··decision-making process, nor did he know why and in that
        12··particular comment not issued in a press release clearly
        13··was not speaking of the opinions or the -- on behalf of
        14··Fox.
        15·· · ··Q.··Well, he's in the PR department; right?
        16·· · ··A.··Lou is in the PR department.
        17·· · ··Q.··In fact, he's a vice president of the
        18··organization; right?
        19·· · ··A.··Again, I'm not sure his exact title.
12:18   20·· · ··Q.··Senior VP or VP; right?
        21·· · ··A.··Okay.
        22·· · ··Q.··Is that what you'd say?
        23·· · ··A.··Yes.
        24·· · ··Q.··So he's either VP or senior VP; right?
        25·· · ··A.··Uh-huh.

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        ·1·· · ··Q.··And he, as spokesperson for Fox, says that
        ·2··there is a component of -- of this decision -- in fact,
        ·3··he doesn't say a component.··He says the reason that
        ·4··Craig James was terminated was because of the comments
        ·5··regarding homosexuality; right?
        ·6·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·7·· · · · ··THE WITNESS:··Well, he was clearly mistaken.
        ·8··BY MR. SIEBMAN:
        ·9·· · ··Q.··Okay.··But you knew that that mistaken comment
12:19   10··was out there; right?
        11·· · ··A.··Not until long after.
        12·· · ··Q.··But even after that you've not done anything to
        13··investigate whether or not the other two people involved
        14··in the decision were motivated by religious prejudice;
        15··correct?
        16·· · ··A.··Again, go back to the original answer of, in
        17··that decision-making process that was not part of the
        18··equation.··So I have not launched an investigation.
        19·· · ··Q.··And have you done anything to look into that?
12:19   20·· · ··A.··Could you be more specific about what you
        21··want --
        22·· · ··Q.··Sure.
        23·· · ··A.··-- us to look into.
        24·· · ··Q.··Have you asked Mr. Krolik whether or not he
        25··knew about a gay pride controversy surrounding Mr. Craig

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        ·1··James?
        ·2·· · ··A.··I have not.
        ·3·· · ··Q.··And have you asked Mr. Freer whether he was
        ·4··aware of any gay pride controversy surrounding Craig
        ·5··James?
        ·6·· · ··A.··Again, because in that decision-making process
        ·7··it wasn't part of the equation at all, I have not
        ·8··launched an investigation.
        ·9·· · ··Q.··You don't know what was motivating Mr. Freer or
12:20   10··Mr. Krolik; right?
        11·· · ··A.··I think that causes me to, you know, speculate
        12··other than -- just causes me to speculate what other
        13··people are thinking.··That was not part of the
        14··discussion at all as to the decision-making process.
        15·· · ··Q.··But you know they were addressees on e-mails
        16··that talked about the issue; right?
        17·· · · · ··MS. GRIFFITH:··Objection.··Form.
        18··BY MR. SIEBMAN:
        19·· · ··Q.··I mean, your counsel produced these documents.
12:21   20··I didn't come out to Fox and look around and get them;
        21··right?
        22·· · · · ··MS. GRIFFITH:··Objection.··He's not copied on
        23··them.··He already testified to that.
        24··BY MR. SIEBMAN:
        25·· · ··Q.··Your counsel provided these e-mails, which I

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        ·1··assume -- I assume that they're legitimate Fox e-mails
        ·2··since Fox lawyer produced them.
        ·3·· · · · ··MS. GRIFFITH:··Objection.··Form.··That's not a
        ·4··question.
        ·5··BY MR. SIEBMAN:
        ·6·· · ··Q.··And you -- you do know that Mr. Freer and --
        ·7··you do know Mr. Freer was copied on e-mails that talked
        ·8··about the gay pride controversy; right?
        ·9·· · · · ··MS. GRIFFITH:··Objection.··Form.
12:21   10·· · · · ··THE WITNESS:··Based on what was presented here,
        11··not during the decision-making process did I know that
        12··or anyone know that.
        13··BY MR. SIEBMAN:
        14·· · ··Q.··Right.··They didn't tell you.··Based on your
        15··testimony -- based on your sworn testimony Mr. Krolik
        16··and Mr. Freer did not share with you the fact that they
        17··were being copied on e-mails and Internet links focusing
        18··on what was characterized as Craig James' gay pride
        19··controversy; right?
12:22   20·· · ··A.··I'm sorry.··What was the question again?
        21·· · ··Q.··They didn't share that with you?
        22·· · ··A.··I was -- I believe I was unaware, yes.
        23·· · ··Q.··Well, that's your testimony; right?
        24·· · ··A.··I was unaware.
        25·· · ··Q.··Okay.··And after learning about that you

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        ·1··haven't done anything to look into it; right?
        ·2·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·3··BY MR. SIEBMAN:
        ·4·· · ··Q.··Is that right?
        ·5·· · ··A.··I mean, I don't know if we can go back to the
        ·6··previous answer when I answered that.
        ·7·· · · · ··Based on the decision-making process at the
        ·8··time and knowing that wasn't part of the decision
        ·9··process, I have not personally launched an
12:23   10··investigation.
        11·· · ··Q.··And what was the basis in -- for terminating
        12··Craig James, in your opinion?
        13·· · ··A.··There was a widely held public perception and
        14··an industry perception that during his time at ESPN,
        15··Mr. James abused the position while at ESPN.
        16·· · ··Q.··And why were you concerned enough about the
        17··public perception that you acted to overrule Fox Sports
        18··Southwest's decision to hire Mr. James?··What was it
        19··about the -- let me put it this way.
12:24   20·· · · · ··What was it about the public perception that
        21··caused you such concern that you were willing to
        22··overrule Fox Sports Southwest's decision to hire Craig
        23··James?
        24·· · ··A.··Because in that particular role, right, as an
        25··employee of ESPN, which is the exact same role that he

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        ·1··would have had at Fox, if part of the public and
        ·2··industry perception were true, then we would be running
        ·3··a risk that he would do it again.
        ·4·· · ··Q.··And a risk of him doing what again?
        ·5·· · ··A.··Again, using the role of an on-air personality
        ·6··at ESPN in a irresponsible fashion.
        ·7·· · ··Q.··In a personal fashion?
        ·8·· · ··A.··I don't know if I would -- I don't know what
        ·9··you mean by that.
12:25   10·· · ··Q.··Well, okay.··I don't know what you mean by
        11··irresponsible, so if you would define irresponsible for
        12··me.··What do you mean using his role in an irresponsible
        13··fashion?
        14·· · ··A.··I think it all relates to the on-air
        15··responsibilities coinciding with the perception of what
        16··happened at Texas Tech.
        17·· · ··Q.··What you said was all related to on-air
        18··responsibility of what happened at Texas Tech; is that
        19··right?
12:25   20·· · ··A.··I think I said, "coinciding" --
        21·· · ··Q.··Okay.
        22·· · ··A.··-- "with what happened at Texas Tech," yes.
        23·· · ··Q.··So you were afraid that Mr. James would have
        24··another problem with Texas Tech?
        25·· · · · ··MS. GRIFFITH:··Objection.··Form.

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        ·1·· · · · ··THE WITNESS:··No.··It's the public perception
        ·2··and the industry perception and exactly the same role at
        ·3··Fox as what he had at ESPN and what ESPN went through at
        ·4··that time.
        ·5··BY MR. SIEBMAN:
        ·6·· · ··Q.··So what were you afraid Mr. James would do at
        ·7··Fox Sports Southwest that you consider irresponsible?
        ·8·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·9·· · · · ··THE WITNESS:··Yeah.··I don't know -- do you
12:26   10··want -- I mean, is there -- is there a way to be more
        11··specific with that question?
        12··BY MR. SIEBMAN:
        13·· · ··Q.··What were you afraid Craig James would do at
        14··Fox Sports Southwest?
        15·· · ··A.··Anything similar to what was perceived, you
        16··know, to have happened while he was at ESPN and what
        17··ESPN would have to deal with; and we would run the risk
        18··of the same thing.
        19·· · ··Q.··I believe you testified previously that what
12:27   20··the perception was that he did at Texas Tech was used
        21··his position at ESPN in a personal way to advance his
        22··personal interest, something to that effect?
        23·· · ··A.··I don't know if I was that specific about the
        24··general public perception of that time frame.
        25·· · ··Q.··Okay.··So what -- what were you afraid Craig

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        ·1··James would do at Fox Sports Southwest?
        ·2·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·3·· · · · ··THE WITNESS:··I -- I don't know how -- if you
        ·4··want to answer it the exact same way as before?··That
        ·5··the concern was around, you know, public perception of
        ·6··the exact same role of the on-air personality that he
        ·7··had at ESPN and what they went through.
        ·8··BY MR. SIEBMAN:
        ·9·· · ··Q.··So you weren't concerned that he would do
12:28   10··something at Fox Sports Southwest that would be wrong.
        11··You were just concerned that -- that there would be bad
        12··press about him?
        13·· · · · ··MS. GRIFFITH:··Objection.··Form.
        14··BY MR. SIEBMAN:
        15·· · ··Q.··Is that correct?
        16·· · ··A.··I think when you make -- you know, in that
        17··particular decision those were the things that went into
        18··it, that there would be risk in dealing with the same
        19··things that ESPN dealt with.··And clearly, if -- if any
12:28   20··of those perceptions could have been true in any part,
        21··that there could be risk that we might have to deal with
        22··it.
        23·· · ··Q.··And what perception were you concerned about
        24··being true?
        25·· · ··A.··It was the -- again, going back to it -- the

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        ·1··perception that Mr. James used his on-air
        ·2··responsibilities, his on-air position in inappropriate
        ·3··ways.
        ·4·· · ··Q.··In what way -- in what inappropriate way?
        ·5·· · ··A.··I believe that the public perception and the
        ·6··industry perception is that the irresponsibility crossed
        ·7··into personal motivation; and that's what the industry
        ·8··and, I think, the public press has recounted.
        ·9·· · ··Q.··What do you mean "personal interest"?
12:29   10·· · ··A.··I believe that the stories are using position
        11··of stature in the public eye, and there was a dispute
        12··with the football program at Texas Tech that became very
        13··public.
        14·· · ··Q.··You were concerned that he might do something
        15··similar at Fox Sports Southwest?
        16·· · ··A.··Well, I think that there is -- I think you
        17··calculate the potential of that and the -- the history
        18··of that episode, yes.
        19·· · ··Q.··Has Fox Sports taken any action against Lou
12:31   20··D'Ermilio for what you've characterized as false
        21··statements to the press?
        22·· · ··A.··I don't know if there has been any official
        23··action.··I don't know.
        24·· · ··Q.··Are you aware of any?
        25·· · ··A.··I'm not aware of any.··I don't know.

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        ·1·· · ··Q.··Does he still work for Fox Sports?
        ·2·· · ··A.··Lou D'Ermilio does work for Fox Sports.
        ·3·· · ··Q.··Is he still a vice president?
        ·4·· · ··A.··I -- well, again, I don't know his exact title;
        ·5··but whatever the title is, I think it's the same.
        ·6·· · ··Q.··So he's either -- he's still what he was;
        ·7··correct?
        ·8·· · ··A.··I believe so, yes.
        ·9·· · ··Q.··Why is Fox Sports concerned about public
12:31   10··perceptions?
        11·· · ··A.··We're an entertainment company that has
        12··relationships not only with the public but also
        13··relationships within the industry which are very
        14··important.
        15·· · · · ··MR. SIEBMAN:··Let's go off the record for a
        16··moment.
        17·· · · · ··THE VIDEOGRAPHER:··We're off the record at
        18··12:33 p.m.
        19·· · · · · · ·(A recess is taken.)
12:48   20·· · · · ··THE VIDEOGRAPHER:··We are back on the record at
        21··12:49 p.m.
        22··BY MR. SIEBMAN:
        23·· · ··Q.··Mr. Shanks, are you aware of any instance in
        24··which Craig James made religious comments of any kind on
        25··a sports broadcast?

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        ·1·· · ··A.··I'm not -- I'm not aware of any, no.
        ·2·· · ··Q.··The -- after the termination decision was made,
        ·3··did you ever -- did you ever talk to Lou D'Ermilio about
        ·4··the source of his information supporting his statement
        ·5··to the media that part -- that the decision was made
        ·6··based on the comments regarding homosexuality that Craig
        ·7··James had made in the Senate campaign?
        ·8·· · ··A.··What was the question again?··That was a long
        ·9··one.··I'm sorry.
12:49   10·· · ··Q.··After the fact did you talk to Lou D'Ermilio
        11··about the source of his information supporting the false
        12··comments that you've identified in the press release?
        13·· · · · ··MS. GRIFFITH:··Let me just be clear that to the
        14··extent -- if you had any conversations that were part of
        15··an attorney-client privilege discussion, that would not
        16··be part of --
        17·· · · · ··MR. SIEBMAN:··I'm talking about -- Lou's not a
        18··lawyer; right?
        19·· · · · ··MS. GRIFFITH:··No.··But if they were
12:50   20··conversations that were -- attorneys were preparing for
        21··any matter related to this litigation, that would be an
        22··attorney-client privilege discussion.··You're certainly
        23··free to talk about any conversations he had without
        24··lawyers present.
        25·· · · · ··MR. SIEBMAN:··So you're saying that there have

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        ·1··been conversations, and you're asserting privilege on
        ·2··it?
        ·3·· · · · ··MS. GRIFFITH:··I'm not saying that there have
        ·4··or have not been conversations, but what I am saying is
        ·5··that any investigation that we've done into this
        ·6··particular dispute in which lawyers were facilitating
        ·7··any investigation to the facts -- if there were
        ·8··conversations in that context in which you and Lou were
        ·9··present, that those are not conversations you should --
12:50   10·· · · · ··MR. SIEBMAN:··Let's go off.
        11·· · · · ··MS. GRIFFITH:··-- discuss.
        12·· · · · ··MR. SIEBMAN:··Let me stay on the record.··I
        13··want to quickly say I would request at this point a
        14··privilege log.··I don't think we've gotten one.··And to
        15··the extent this is -- been documents withheld, we would
        16··request a privilege log as soon as possible.
        17··BY MR. SIEBMAN:
        18·· · ··Q.··The -- did you ever talk to Lou D'Ermilio about
        19··the source of his information upon which he made the
12:50   20··comment to the press that you have characterized as
        21··false?
        22·· · · · ··MS. GRIFFITH:··Subject to my prior objection
        23··and instruction not to answer as to attorney-client
        24··privilege communications.
        25·· · · · ··THE WITNESS:··I guess upon advice of the

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        ·1··attorney-client privilege, whatever the answer is to --
        ·2··no, I guess.
        ·3··BY MR. SIEBMAN:
        ·4·· · ··Q.··Okay.··So other than some investigation that
        ·5··your lawyers may have conducted, you've not talked to
        ·6··Lou about the source of the information that you've
        ·7··characterized as false; is that correct?
        ·8·· · ··A.··That is correct.
        ·9·· · ··Q.··Okay.··You were copied on a number of e-mails
12:51   10··from viewers of Fox Sports complaining about your
        11··terminating Craig James; correct?
        12·· · ··A.··I believe I recall receiving some e-mails to
        13··that effect.
        14·· · ··Q.··And, in fact, they characterize the termination
        15··as being discriminatorily based on his religious
        16··beliefs; is that right?
        17·· · · · ··MS. GRIFFITH:··Objection.··Form.
        18·· · · · ··THE WITNESS:··I can't recall all of the
        19··individual e-mails relating it or how many I read or
12:52   20··just it didn't -- wasn't able to read.
        21··BY MR. SIEBMAN:
        22·· · ··Q.··So there were a lot of them, weren't there?
        23·· · ··A.··Actually, I -- I couldn't say that there had
        24··been a lot of them.
        25·· · ··Q.··So there is too many for you to read but not

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        ·1··very many?
        ·2·· · ··A.··In my job every day there is a lot of e-mails
        ·3··that I don't get to read even if this wasn't happening.
        ·4·· · ··Q.··Okay.··So were there e-mails that you received
        ·5··from members of the public complaining about your
        ·6··treatment of Craig James that you just were too busy to
        ·7··read?
        ·8·· · ··A.··I would say that there were some that I did
        ·9··read and some that I don't think I was able to read.
12:52   10·· · ··Q.··Did you -- did you read the one from the
        11··Southern Baptist Convention?··Do you recall that one?
        12·· · ··A.··I don't recall that individual one, no.
        13·· · ··Q.··Okay.··Do you think you read it, or do you
        14··think you just ignored that one?
        15·· · · · ··MS. GRIFFITH:··Objection.··Form.
        16·· · · · ··MR. SIEBMAN:··What's the next exhibit number?
        17·· · · · ··DEPOSITION OFFICER:··Fourteen.
        18··BY MR. SIEBMAN:
        19·· · ··Q.··Do you recall --
12:53   20·· · · · ··MS. GRIFFITH:··Do you have another copy?
        21·· · · · ··MR. SIEBMAN:··No.··I only have one copy of that
        22··one.
        23··BY MR. SIEBMAN:
        24·· · ··Q.··Do you recall receiving that e-mail?
        25·· · ··A.··Oh, actually --

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        ·1·· · · · ··MS. GRIFFITH:··Can we just go off the record
        ·2··for a second?··Because I don't want my face sitting in
        ·3··the camera while I'm sitting reading this.
        ·4·· · · · ··MR. SIEBMAN:··Let's go off the record.
        ·5·· · · · ··THE VIDEOGRAPHER:··We are going off the record
        ·6··at 12:54 p.m.
        ·7·· · · · · · ·(A recess is taken.)
        ·8·· · · · ··THE VIDEOGRAPHER:··We're back on the record at
        ·9··12:55 p.m.
12:54   10··BY MR. SIEBMAN:
        11·· · ··Q.··Do you recall receiving the e-mail that has
        12··been marked as defendant -- I mean, as Deposition
        13··Exhibit 14?
        14·· · · · ··(Whereupon the document referred to is marked
        15··by the reporter as Exhibit 14 for identification.)
        16·· · ··A.··I don't recall receiving this.··And since my
        17··e-mail address is wrong, I wouldn't have received this.
        18·· · ··Q.··Okay.··So do you recall anybody bringing it to
        19··your attention?
12:54   20·· · ··A.··I don't recall it being brought to my
        21··attention, and I -- yeah.··This wouldn't have come
        22··directly to me since my e-mail is wrong.
        23·· · ··Q.··Okay.··But nobody else on there brought it to
        24··your attention?
        25·· · ··A.··Not that I recall, no.

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        ·1·· · ··Q.··Okay.··So if there was an investigation into
        ·2··the question raised by the Southern Baptist Convention,
        ·3··the person that investigated it never talked to you
        ·4··about it; right?
        ·5·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·6··BY MR. SIEBMAN:
        ·7·· · ··Q.··Is that correct?
        ·8·· · ··A.··What I -- what I can say from my own personal
        ·9··experience is that I haven't seen this, and no one's
12:55   10··brought it to me.··I can't speak to the other parts of
        11··your question.
        12·· · ··Q.··So either it was completely ignored by Fox
        13··Sports or the person that looked into it didn't talk to
        14··you; correct?
        15·· · · · ··MS. GRIFFITH:··Objection.··Form.
        16·· · · · ··THE WITNESS:··Again, I had -- I had -- I just
        17··haven't seen this and -- at all.
        18··BY MR. SIEBMAN:
        19·· · ··Q.··And nobody's talked to you about it; correct?
12:55   20·· · ··A.··Not that I recall.
        21·· · ··Q.··And this is an e-mail from Tim Ellsworth, who
        22··is the sports editor for the Baptist Press -- Baptist
        23··Press.··And he says it's the official news service of
        24··the Southern Baptist Convention, the world's largest
        25··Protestant denomination; is that right?··Is that what it

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        ·1··says there?
        ·2·· · ··A.··It does say that, yes.
        ·3·· · ··Q.··And who was it addressed to correctly?
        ·4·· · ··A.··I don't -- the e-mails actually are not here,
        ·5··so I can't tell if the e-mails are -- actually, I can
        ·6··tell you that mine -- which I know is not correct.··I
        ·7··couldn't tell you if any of them are correct.
        ·8·· · ··Q.··So -- but who is it addressed to?
        ·9·· · ··A.··The names, without e-mails, are John Heidtke
12:56   10··and Mike Anastassiou; and then there is a Randy Freer
        11··e-mail address, which I can't say is right or wrong.
        12·· · ··Q.··Okay.··But you can say that if someone
        13··investigated with respect to this e-mail, they didn't
        14··talk to you?
        15·· · ··A.··Again, I -- I didn't receive it.··I haven't
        16··seen it.··And I can't confirm if anybody that was on
        17··there ever received it or if the e-mail addresses are
        18··correct.··So I don't know.
        19·· · ··Q.··I don't think I asked you about e-mail
12:57   20··addresses.··I asked you if anybody ever talked to you
        21··about receiving an e-mail complaining about the
        22··treatment of Craig James or inquiring about the
        23··treatment of Craig James on behalf of the Southern
        24··Baptist Convention.
        25·· · ··A.··And again, as far as it relates to that -- that

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        ·1··e-mail, whether I received it, which I didn't -- and I
        ·2··can't recall anybody ever bringing that particular
        ·3··e-mail to me.
        ·4·· · ··Q.··And you don't recall anyone mentioning to you
        ·5··that the Southern Baptist Convention Baptist Press had
        ·6··raised an issue about Craig James; is that correct?
        ·7·· · ··A.··I don't recall the Southern Baptist Press
        ·8··either sending me an e-mail or being raised to me,
        ·9··specifically the Southern Baptist Press.
12:58   10·· · ··Q.··And no one at Fox raised that issue with you;
        11··correct?
        12·· · ··A.··Again, I -- I haven't seen it.··I don't recall
        13··anybody raising it.
        14·· · ··Q.··Let me hand you a document that's marked as
        15··Exhibit 15 and ask you if you can take a look at that.
        16·· · · · ··All right.··What -- can you identify that
        17··document for the record.
        18·· · · · ··(Whereupon the document referred to is marked
        19··by the reporter as Exhibit 15 for identification.)
12:58   20·· · ··A.··This is a an e-mail.
        21·· · ··Q.··From who to who?
        22·· · ··A.··It's from me to Jeff Krolik and Randy Freer.
        23·· · ··Q.··And what did you communicate to Randy and Jeff?
        24·· · ··A.··It says, "Hey, just heard from his agent.
        25··What's the latest?··If we snooze, we will lose."

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        ·1·· · ··Q.··And what did you mean by that?
        ·2·· · ··A.··Just by happenstance Craig's agent had reached
        ·3··out to me on another client and, actually, surprisingly
        ·4··indicated to me that he was also Craig's agent, which I
        ·5··didn't know for the first time; and he said that -- I
        ·6··guess the general discussion was around a settlement,
        ·7··doing the right thing, you know, for services rendered.
        ·8·· · ··Q.··And what did you mean by, "If we snooze, we
        ·9··lose"?
01:00   10·· · ··A.··As far as it relates to accepting, you know, a
        11··final resolution for services rendered, as time goes
        12··by -- this was, what, five or six days after the
        13··decision -- that we needed to move to get a resolution,
        14··because I thought it was the fair thing to do to try to
        15··get him paid.
        16·· · ··Q.··Well, did Fox Sports Southwest ever pay Craig
        17··James?
        18·· · ··A.··I only knew the answer to that question
        19··yesterday in preparation for this, so I only found out
01:00   20··yesterday what --
        21·· · · · ··MS. GRIFFITH:··So I'll instruct him not to
        22··answer.
        23··BY MR. SIEBMAN:
        24·· · ··Q.··Okay.··The -- so you didn't look into -- after
        25··writing that e-mail you didn't look into whether or not

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        ·1··you had actually paid the man; correct?
        ·2·· · ··A.··I never got final confirmation.
        ·3·· · ··Q.··And you never followed up on it?
        ·4·· · ··A.··I --
        ·5·· · ··Q.··At least not until yesterday?
        ·6·· · ··A.··Well, I can't say -- yeah.··I can't say if I
        ·7··did or I didn't.··I guess I didn't get final
        ·8··confirmation and found out yesterday what the --
        ·9·· · ··Q.··You didn't --
01:01   10·· · ··A.··-- current status was.
        11·· · ··Q.··You didn't make sure that the man got paid for
        12··six months; right?
        13·· · · · ··MS. GRIFFITH:··Objection.··Form.
        14·· · · · ··THE WITNESS:··I don't know what you mean by
        15··that.
        16··BY MR. SIEBMAN:
        17·· · ··Q.··Well, did he get paid in December?··Did you
        18··look into it to see if he'd been paid in December?
        19·· · ··A.··I guess I thought he had been paid.··I didn't
01:01   20··find out until yesterday what the current status was.
        21·· · ··Q.··Okay.
        22·· · · · ··MS. GRIFFITH:··Time's up.
        23·· · · · ··MR. SIEBMAN:··Okay.
        24·· · · · ··MS. GRIFFITH:··I have a few brief questions for
        25··clarification.

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        ·1·· · · · · · · · · · · ··EXAMINATION
        ·2··
        ·3··BY MS. GRIFFITH:
        ·4·· · ··Q.··Mr. Shanks, there was earlier testimony by you
        ·5··that Jeff Krolik and Randy Freer were involved in the
        ·6··decision regarding Mr. James.
        ·7·· · · · ··Do you recall that testimony?
        ·8·· · ··A.··Yes, I do.
        ·9·· · ··Q.··Okay.··Who was the decision-maker to terminate
01:02   10··Craig James?
        11·· · ··A.··Over that weekend I was the clear proponent and
        12··decision-maker.
        13·· · ··Q.··Okay.··So when you say Randy Freer was involved
        14··in the decision, can you explain the extent of what you
        15··meant by he was involved.
        16·· · ··A.··Over that weekend Randy was kept in the
        17··communication stream and was, I believe, aware of some
        18··of the communication.
        19·· · ··Q.··And that was the extent of his involvement in
01:02   20··the decision?
        21·· · ··A.··Yes.
        22·· · ··Q.··And when you say Jeff Krolik was involved in
        23··the decision, what was the extent of his involvement?
        24·· · ··A.··He was involved in the communication stream and
        25··some communication and eventually instructed to, you

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        ·1··know, no longer require Mr. James' services.
        ·2·· · ··Q.··But the person who made that instruction and
        ·3··that decision was who?
        ·4·· · ··A.··I was the clear driving force behind the
        ·5··decision.
        ·6·· · · · ··MS. GRIFFITH:··Okay.··Nothing further.
        ·7·· · · · ··If you want to ask a couple of follow-up
        ·8··questions.
        ·9·· · · · ··MR. SIEBMAN:··I've got some follow-ups.
01:03   10··
        11·· · · · · · · · · ··FURTHER EXAMINATION
        12··
        13··BY MR. SIEBMAN:
        14·· · ··Q.··When you testified that Randy Freer and Jeff
        15··Krolik were kept in the communication stream, that's
        16··somewhat of an understatement, isn't it, Mr. Shanks?
        17·· · · · ··MS. GRIFFITH:··Objection.··Form.
        18·· · · · ··THE WITNESS:··I don't know what would be an
        19··understatement or an overstatement as it relates to a
01:03   20··communication stream.
        21··BY MR. SIEBMAN:
        22·· · ··Q.··In fact, they received more communications than
        23··you did on the issue; right?
        24·· · · · ··MS. GRIFFITH:··Objection.··Form.
        25·· · · · ··THE WITNESS:··I don't know the level -- I don't

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        ·1··know the exact number either way.
        ·2··BY MR. SIEBMAN:
        ·3·· · ··Q.··But they received the e-mails regarding the gay
        ·4··pride issue and you did not, right, according to your
        ·5··testimony?
        ·6·· · ··A.··Yes.
        ·7·· · ··Q.··And, in fact, if the e-mails that had been
        ·8··provided by counsel are accurate and properly reflect
        ·9··the business records of Fox, then they knew more about
01:04   10··the issue than you did, didn't they?
        11·· · · · ··MS. GRIFFITH:··Objection.··Form.
        12·· · · · ··THE WITNESS:··Except that I'm the one that made
        13··the decision --
        14··BY MR. SIEBMAN:
        15·· · ··Q.··You said you --
        16·· · ··A.··-- dissent.
        17·· · ··Q.··-- were the driving force -- I think is what
        18··you said; right?
        19·· · ··A.··Yeah.··The driving force, right.
01:04   20·· · ··Q.··But you -- they provided information to you;
        21··correct?
        22·· · ··A.··I don't recall -- I don't recall Randy actually
        23··providing any information in that communication stream
        24··in a two-way street.··I do remember Jeff Krolik stating
        25··some of the facts relating to what was the relationship

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        ·1·· · ··A.··This is the -- August 31st, 10:00 a.m.
        ·2·· · ··Q.··And then the next day he writes you an e-mail
        ·3··that --
        ·4·· · · · ··MS. GRIFFITH:··What exhibit number is that,
        ·5··please?
        ·6··BY MR. SIEBMAN:
        ·7·· · ··Q.··-- we've shown as exhibit -- what is the
        ·8··exhibit number on that one I just handed you?
        ·9·· · ··A.··I'm sorry.··Which one?
01:09   10·· · ··Q.··The exhibit number on the one I just handed
        11··you.
        12·· · ··A.··It says Exhibit 12.
        13·· · ··Q.··So in Exhibit 12 he writes you an e-mail.··Let
        14··me ask you this.··Who is the author of the e-mail in
        15··Exhibit 12?
        16·· · ··A.··It says Jeff Krolik.
        17·· · ··Q.··And who did he write that to?
        18·· · ··A.··He wrote it to me.
        19·· · ··Q.··And what did he say in his e-mail that he wrote
01:09   20··to you?
        21·· · ··A.··"Again, it sounds like timing is an issue here.
        22··Think we want to be out in front with our decision
        23··before press comes out.··I think we are ready to go.··Do
        24··you want to wait?"
        25·· · ··Q.··All right.··Did you understand that he was

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        ·1··suggesting that you act quickly to terminate Craig
        ·2··James?
        ·3·· · ··A.··It sounded to me like this is more about
        ·4··waiting for something on a decision -- I can't
        ·5··speculate, but I don't know what I was thinking at the
        ·6··time.··"Do you want to wait?"··And I'm not sure if it
        ·7··was about the communication or the decision.
        ·8·· · ··Q.··So it's your opinion under oath that you think
        ·9··what Mr. Krolik was telling you in that e-mail was he
01:10   10··thought y'all ought to wait; is that right?
        11·· · · · ··MS. GRIFFITH:··Objection.··Form.
        12·· · · · ··THE WITNESS:··You know -- ought to wait?··Or --
        13··no.··I think what I'm reading here is he asks me -- he
        14··asks me specifically if I want to wait.
        15··BY MR. SIEBMAN:
        16·· · ··Q.··And what's he saying, though?··What is he --
        17··what is Krolik suggesting he thinks should be done?
        18·· · · · ··MS. GRIFFITH:··Objection.··Form.
        19·· · · · ··THE WITNESS:··Let's see.··I'll read it again.
01:11   20··"Sounds like timing is an issue here.··Think we want to
        21··be out front with our decision before press comes out."
        22··BY MR. SIEBMAN:
        23·· · ··Q.··So what was he suggesting to you?
        24·· · ··A.··I don't know if there is a suggestion here.··He
        25··asks me what I want to do.··Do I want to wait?

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        ·1·· · ··Q.··You don't read that e-mail as Jeff Krolik
        ·2··suggesting to you that you need to terminate Craig James
        ·3··before the press comes out?
        ·4·· · ··A.··I don't -- I don't know if this is about -- it
        ·5··sounds more like this is about communication than the
        ·6··decision.··And do you want to wait on the communication
        ·7··or not?··I'm not -- I'm confused as to if this is
        ·8··about -- because it sounds like a decision has been
        ·9··made; right?··And then do you want to wait on telling
01:12   10··people?
        11·· · ··Q.··And then what did you say?
        12·· · · · ··MS. GRIFFITH:··What exhibit is that, please?
        13·· · · · ··THE WITNESS:··Eleven.
        14·· · · · ··MS. GRIFFITH:··Thank you.
        15·· · · · ··THE WITNESS:··You want me to say what my
        16··response was?
        17··BY MR. SIEBMAN:
        18·· · ··Q.··Yes.
        19·· · ··A.··My response and the direction that I gave him
01:13   20··was, "No.··That's fine.··Let's go with it."
        21·· · ··Q.··And what did you go with?
        22·· · ··A.··I think that's a good question.··I'm -- I'm not
        23··sure exactly what this is -- again, what this is
        24··referring to in this time frame, if it -- I think it
        25··was -- I couldn't speculate as to what it was, a

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        ·1··decision or communication.
        ·2·· · ··Q.··It could be either one?
        ·3·· · ··A.··Well, it says, "I think we are ready to go."
        ·4··So it's hard for me to place 2:55 or 5:24 p.m. exactly.
        ·5·· · ··Q.··Are you testifying under oath that Jeff Krolik
        ·6··did not communicate to you that he thought Craig James
        ·7··should be terminated at Fox Southwest?
        ·8·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·9·· · · · ··THE WITNESS:··Well, I can say that he thought
01:14   10··it was a terrible idea.
        11··BY MR. SIEBMAN:
        12·· · ··Q.··What was a terrible idea?
        13·· · ··A.··That his initial reaction is that hiring him
        14··was a terrible idea.
        15·· · ··Q.··And he was opposed to Craig James being at Fox
        16··Sports Southwest; correct?
        17·· · ··A.··I believe he thought it was a terrible idea, as
        18··I did.
        19·· · ··Q.··Did you ask him the basis of his opinion?
01:14   20·· · ··A.··I don't recall actually.··I know what my
        21··opinion was, but I don't recall.
        22·· · ··Q.··Did you ask Mr. Freer the basis of his opinion?
        23·· · ··A.··Opinion of?··I'm sorry.
        24·· · ··Q.··That Craig James should be terminated from Fox
        25··Sports Southwest.

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        ·1·· · ··A.··Well, again, Randy was actually never asked for
        ·2··his opinion.··He was kept in the loop and didn't dissent
        ·3··during the communication process.
        ·4·· · ··Q.··And if the e-mails are true, he actually had
        ·5··more information about it than you did, didn't he?
        ·6·· · · · ··MS. GRIFFITH:··Objection.··Form.
        ·7·· · · · ··THE WITNESS:··Yeah.··I couldn't speculate about
        ·8··the amount of information one person had versus the
        ·9··other.
01:15   10··BY MR. SIEBMAN:
        11·· · ··Q.··Well, he had the information about the gay
        12··pride controversy; right?
        13·· · · · ··MS. GRIFFITH:··Objection.··Form.
        14·· · · · ··THE WITNESS:··I don't know if that gets back to
        15··the amount of information in question or what.
        16··BY MR. SIEBMAN:
        17·· · ··Q.··Okay.··Well, let me put it way, then.
        18·· · · · ··Without weighing the amount of information, he
        19··had -- Mr. Freer had information about the gay pride
01:15   20··controversy, and you've sworn you did not; is that
        21··correct?
        22·· · ··A.··I did not.
        23·· · ··Q.··And Mr. Freer did, correct, based on the
        24··e-mails that your lawyers have provided in this case?
        25·· · ··A.··Based on the e-mails, yes.

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·1·· · · · ··MR. SIEBMAN:··That's it.
·2·· · · · ··MS. GRIFFITH:··Nothing further.
·3·· · · · ··DEPOSITION OFFICER:··Off the record?
·4·· · · · ··MS. GRIFFITH:··Yes.
·5·· · · · ··THE VIDEOGRAPHER:··This concludes the
·6··deposition of Eric Shanks.··The date is January 14th.
·7··The time is 1:17 p.m.
·8·· · · · ··And we are now off the record.
·9·· · · ··(Deposition session concluded at 1:17 p.m.)
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·1·· · · · · · · · ··CHANGES AND SIGNATURE
 · ·
·2·· · · · · · ·DAVID ERIC SHANKS - JANUARY 14, 2014
 · ·
·3··PAGELINE· · · · · · ··CHANGE/REASON
 · ·
·4··________ ______________________________________________
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·5··________ ______________________________________________
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14··
 · ·
15·· · · · · · · · · · · · · ··____________________________
 · · · · · · · · · · · · · · ··SIGNATURE OF WITNESS
16··STATE OF __________ X
 · ·
17··COUNTY OF _________ X
 · ·
18··
 · ·
19·· · ·SUBSCRIBED AND SWORN TO by the said witness, JANIS
 · ·
20··CROWDER, on this the ______ day of ________________,
 · ·
21··2014.
 · ·
22··
 · ·
23·· · · · · · · · · · · · · ··____________________________
 · · · · · · · · · · · · · · ··Notary Public in and for the
24·· · · · · · · · · · · · · ··State of ___________.
 · ·
25··My commission expires:··______________

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·1··   · · · · · · · · · ··CAUSE NO. 417-03915-2013
 · ·
·2··
 · ·   ·   ··IN RE:· · · · · · · · · · · ·) IN THE DISTRICT COURT
·3··   ·   · · · · · · · · · · · · · · · ·)
 · ·   ·   ··PETITION OF· · · · · · · · ··)
·4··   ·   ··CRAIG JAMES· · · · · · · · ··) 417TH JUDICIAL DISTRICT
 · ·   ·   · · · · · · · · · · · · · · · ·)
·5··   ·   · · · · · · · · · · · · · · · ·) COLLIN COUNTY, TEXAS
 · ·   ·   ··_____________________________)
·6··
 · ·
·7··   · · · · · · · · · ··REPORTER'S CERTIFICATION
 · ·   · · · · · · ··ORAL DEPOSITION OF DAVID ERIC SHANKS
·8··   · · · · · · · · · · · ··JANUARY 14, 2014
 · ·
·9··   · · · ··I, Theresa JoAnn Phillips-Blackwell, Certified
 · ·   · ··Shorthand Reporter in and for the State of California,
10··   · ··hereby certify to the following:
 · ·
11··   ·   · · ··That the witness, DAVID ERIC SHANKS, was duly sworn
 · ·   ·   ··by the officer and that the transcript of the oral
12··   ·   ··deposition is a true record of the testimony given by
 · ·   ·   ··the witness;
13··
 · ·   ·   · · ··That the deposition transcript was submitted on
14··   ·   ··______________ to the witness or to the attorney for the
 · ·   ·   ··witness for examination, signature and return to me by
15··   ·   ··_______________;
 · ·
16··   · · · ··That the amount of time used by each party at the
 · ·   · ··deposition is as follows:
17··
 · ·   · · · ··MR. CLYDE L. SIEBMAN:··4 hours, 3 minutes
18··   · · · ··MS. VANESSA GRIFFITH:··1 minute
 · ·
19··   · · · ··That pursuant to information given to the deposition
 · ·   · ··officer at the time said testimony was taken, the
20··   · ··following includes counsel for all parties of record:
 · ·
21··   ·   ·   ·   ··MR.   CLYDE M. SIEBMAN, Attorney for Craig James
 · ·   ·   ·   ·   ··MR.   HIRAM SASSER, Attorney for Craig James
22··   ·   ·   ·   ··MS.   VANESSA GRIFFITH, Attorney for David Eric Shanks
 · ·   ·   ·   ·   ··MS.   MYKHANH SHELTON, Attorney for Fox Group
23··
 · ·   ·   · · ··I further certify that I am neither counsel for,
24··   ·   ··related to, nor employed by any of the parties or
 · ·   ·   ··attorneys in the action in which this proceeding was
25··   ·   ··taken, and further that I am not financially or
 · ·   ·   ··otherwise interested in the outcome of the action.

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·1··   · · · ··Further certification requirements pursuant to Rule
 · ·   · ··203 of TRCP will be certified to after they have
·2··   · ··occurred.
 · ·
·3··   · · · ··Certified to by me this _____ day of _____________,
 · ·   · ··2014.
·4··
 · ·
·5··
 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ··______________________________________
·6··   ·   ·   ·   ·   ·   ·   ·   ·   ··THERESA PHILLIPS-BLACKWELL, CA CSR 12700
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 · ·   ·   ·   ·   ·   ·   ·   ·   ·   ··(214) 321-1922 (Facsimile)
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·1·· · · ··FURTHER CERTIFICATION UNDER RULE 203 TRCP
 · ·
·2·· · ·The original deposition was/was not returned to the
   ·
 · ·deposition officer on _______________;
·3··
 · · · ·If returned, the attached Corrections and Signature
·4··page contains any changes and the reasons therefor;
 · ·
·5·· · ·If returned, the original deposition was delivered
   ·
 · ·to Mr. Michael L. Skinner, Custodial Attorney;
·6··
 · · · ·That $____________ is the deposition officer's
·7··charges to the Plaintiff for preparing the original
   ·
 · ·deposition and any copies of exhibits;
·8··
 · · · ·That the deposition was delivered in accordance
·9··with Rule 203.3, and that a copy of this certificate was
   ·
 · ·served on all parties shown herein on and filed with the
10··Clerk.
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11·· · ·Certified to by me this _____ day of _____________,
   ·
 · ·2014.
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14·· · · · · · · ·______________________________________
 · · · · · · · · ·THERESA PHILLIPS-BLACKWELL, CA CSR 12700
15·· · · · · · · ·Alpha Depo
 · · · · · · · · ·13140 Coit Road, Suite 216
16·· · · · · · · ·Dallas, Texas··75240
 · · · · · · · · ·(214) 321-5599
17·· · · · · · · ·(214) 321-1922 (Facsimile)
 · · · · · · · · ·(888) 667-DEPO (Toll Free)
18·· · · · · · · ·Firm Registration Number 298
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19··
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20··My CSR commission expires:··02/28/14
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25··

                             ALPHA DEPO
                           (888) 667-DEPO

								
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