28328 Shoup(vo12) John

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1 28328 Shup(v12) Jhn CIVIL DISTRICT COURT 2 FOR THE PARISH OF ORLEANS 3 STATE OF LOUISIANA 4 NO DIVISION "I" 5 ANTONIO D. ASSUNTO, AS ADMINISTRATOR OF THE ESTATE OF FRANK J. ASSUNTO 6 7 VERSUS 8 JOHN SHOUP, TELERECORD TELEVISION PRODUCTIONS LTD., T.L.P. OF NEW ORLEANS, 9 INC., ET AL DEPOSITION OF JOHN SHOUP, VOLUME II, TAKEN AT STANLEY, REUTER, ROSS, THORNTON 12 ALFORD, ON THURSDAY, JULY THE 16TH, 2009 & APPEARANCES: 15 STANLEY, REUTER, ROSS, THORNTON & ALFORD 16 BY: SUZANNE K. SCALISE, ESQUIRE 909 POYDRAS STREET, SUITE NEW ORLEANS, LOUISIANA COUNSEL FOR THE PLAINTIFF ARNALL, GOLDEN, GREGORY Page 1

2 28328 Shup(vl2) Jhn BY: STEPHEN M. DORVEE, ESQUIRE TH STREET NW, SUITE 2100 ATLANTA, GEORGIA COUNSEL FOR THE DEFENDANTS ALSO PRESENT: 2 ANTONIO D. ASSUNTO 3 4 * * * * * 5 6 EXAMINATION INDEX 7 PAGE 8 EXAMINATION BY MS. SCALISE EXHIBIT INDEX 11 PAGE 12 EXHIBIT NO Sale f Trademark EXHIBIT NO January 3, '94 Letter frm Erik Shup 15 Page 2

3 16 EXIDBIT NO Hancck Bank Dcuments EXIDBIT NO Bankruptcy Curt Dcument EXIDBITNO Tax Return Dcuments EXIDBIT NO Tax Return Dcuments EXIDBITNO Tax Return Dcuments Shup(v12) Jhn EXIDBIT INDEX (CONTINUED): 2 PAGE 3 EXIDBIT NO Tax Return Dcuments 4 5 EXIDBITNO Tax Return Dcuments 6 7 EXIDBIT NO Tax Return Dcuments 8 9 EXIDBITNO Page 3

4 28328 Shup(v12) Jhn Tax Return Dcuments EXHIBIT NO Tax Return Dcuments EXHIBIT NO Tax Return Dcuments EXHIBIT NO Tax Return Dcuments EXHIBIT NO Tax Return Dcuments EXHIBIT NO Tax Return Dcuments EXHIBIT NO Check Ledgers EXHIBIT NO Check Ledgers EXHIBIT INDEX (CONTINUED): 2 PAGE 3 EXHIBIT NO Page 4

5 Check Ledgers Shup(vI2) Jhn EXHIBIT NO Check Ledgers 6 7. EXHIBIT NO /31/2000 Letter frm Platinum 8 Entertainment 9 10 EXHIBIT NO MCAIUniversal Ryalty Statements EXHIBIT NO Sny Music Ryalty Statements EXHIBIT NO Barnes &-Nble Printut EXHIBIT NO /2000 Letter frm Hindsight Recrds EXHIBIT NO Hindsight Recrds Ryalty Statement EXHIBIT NO CD Artwrkllnsert EXHIBIT NO /09/90 Letter frm Jhn Shup t BMG EXHIBIT NO /12/90 Letter frm BMG t Jhn Shup 25 Page 5

6 28328 Shup(vI2) Jhn EXHIBIT INDEX (CONTINUED): 2 PAGE 3 EXHIBIT NO /24/90 Letter frm Jhn Shup t BMG 4 5 EXHIBIT NO /05/91 Letter frm BMG t Jhn Shup 6 7 EXHIBIT NO /12/91 Letter frm Jhn Shup t BMG 8 9 EXHIBIT NO. 42: /91 Fax t Welk Recrd Grup EXHIBIT NO Sny Special Prducts Dcuments EXHIBIT NO Satchm and the Dukes f Dixieland 14 Dcument EXHIBIT NO MCAIDecca Dcument EXHIBIT NO Bse Agreement dated 3/24/00 19 Page 6

7 28328 Shup(vI2) Jhn EXHIBIT NO Bse Agreement dated 3/10/ STIPULATION 3 It is stipulated and agreed by and 4 between cunsel fr the parties heret that 5 the depsitin f the afrementined witness 6 is hereby being taken fr all purpses 7 allwed under Article 1421, et seq, f the 8 Luisiana Cde f Civil Prcedure, in 9 accrdance with law, pursuant t ntice; 10 That the frmalities f reading 11 and signing are specifically nt waived; 12 That the frmalities f filing, 13 sealing, and certificatin are specifically Page 7

8 14 waived; Shup(vI2) Jhn That all bjectins, save thse as 16 t the frm f the questin and the 17 respnsiveness f the answer, are hereby 18 reserved until such time as this depsitin, 19 r any part theref, may be used r sught 20 t be used in evidence. 21 * * * 22 KRISTINA DIGIOVANN! REA, Certified 23 Curt Reprter, in and fr the State f 24 Luisiana, fficiated in administering the 25 ath t the witness, 7 1 JOHN SHOUP, 2 after having been first duly swrn by the 3 abve-mentined curt reprter, did testify 4 as fllws: 5 MS. SCALISE: 6 Just fr the recrd, we are 7 switching curt reprters, and s this' is Page 8

9 28328 Shup(vI2) Jhn Q Des anyne else get mney besides 8 Image and yu? 9 A N. 10 Q In the time that yu had the Dukes 11 frm 1975 n, wh has fmanced the 12 prductin f their music r the music f 13 the band? 14 A lam. 15 MR. DORVEE: 16 Can yu defme prductin? 17 MS. SCALISE: 18 Any creatin f any music, whether 19 it's in the frm f a DVD r CD r cassette. 20 MR. DORVEE: 21 Okay. Yu already answered it, 22 but can yu answer it again? 23 THE WITNESS: 24 I am. 25 BY MS. SCALISE: 27 Page 33

10 28328 Shup(v12) Jhn Q Yu persnally financed it? 2 A Yes. 3 Q What abut their live 4 perfrmances, wh has financed the live 5 perfrmances? 6 A I fund it, t g ut and d it, 7 and hpefully recver the investment. 8 Q D yu have any idea hw much 9 mney in the time that yu started it until 10 nw? Any idea hw many mney yu put int 11 it, int the Dukes? 12 A Hundreds f thusands f dllars. 13 Q D yu have any idea -- and this 14 is a very general questin, just like the 15 ne I just asked. Any idea hw much mney 16 has cme back t yu in return in ryalties 17 and whatnt thrugh the years regarding the 18 Dukes? 19 A In the verall picture? 20 Q Ballpark. 21 A Prbably lst hundreds f 22 thusands f dllars. Page 34

11 28328 Shup(vI2) Jhn Q S yu dn't think yu made any 24 mney thrugh the years? 25 A I didn't make any Q What is the cnnectin between 2 Bse Crpratin and the Dukes f Dixieland? 3 A Bse Crpratin came dwn t 4 recrd the Dukes. They paid us fr their 5 services. 6 Q Wh is "us"? 7 A Pardn? 8 Q Yu said "they paid us"? 9 A They paid the Dukes fr their 10 services just like a cncert prmtr wuld 11 pay us fr services. 12 Q What did Bse d with the 13 recrdings; d yu knw? 14 A They tk the recrdings and put 15 them n a CD and sld them t the autmtive 16 industry fr their cars. Page 35

12 28328 Shup(vI2) Jhn Q -- and say '74? 2 A '74. 3 Q Yu didn't think then that yu 4 wuld draw in a crwd -- 5 A N. 6 Q -- f peple wh -- 7 A That wasn't even in my thught, 8 n. 9 Q Did yu ever think that prviding 10 histry f the Assunt's Dukes, which wuld 11 be befre let's just say, yu knw, befre 12 '74, yu didn't think giving a cnnectin t 13 the Assunt Dukes wuld smehw make peple 14 mre interested in the pst '74 r '75 15 Dukes? 16 A N. Actually, t the ppsite. 17 Q Tell me what yu mean by that. 18 A When I started calling the agents 19 and they said, yu knw, we dn't want-- Page 158

13 28328 Shup(vI2) Jhn yu knw, Frank had this pickup band. Since 21 Freddy died, Frank was pretty much a pickup 22 band. He'd fly int twn and hire lcal 23 musicians that were there. S they didn't 24 want that, the agents didn't want that. 25 And because f that is the reasn why Ihad t -- Iculdn't get enugh dates 2 t keep the thing tgether. Iended up 3 putting ut all that mney t buy the -- t 4 take the lease ver and put in the 5 nightclub, Dukes' Place. 6 Q And the lease, which ne are yu 7 referring t? 8 A Ihad t -- that was Dukes' Place, 9 tp f the Mntelene. Ihad t spend mney 10 up there t give them a hme base, because I 11 made the decisin they had t have a hme 12 base. 13 Q Well, then, during the time when Page 159

14 28328 Shup(v12) Jhn yu said that the agents were telling yu 15 that they A They weren't interested. 17 Q -- didn't want t deal with it and 18 they weren't interested A Right. 20 Q -- did yu ever think, well, maybe 21 I ught t -- maybe I ught t change the 22 name? Maybe I ught t d smething else 23 and get peple interested? 24 A I like challenges, and this-was a 25 challenge Q Okay. S even thugh -- and I'll 2 just srt f generalize what I think yu 3 said -- even thugh yu haven't made any 4 mney with it, yu still felt like all 5 thrugh all these years, yu didn't feel 6 like yu shuld change the name if yu 7 thught the name was hurting yu? Page 160

15 28328 Shup(vl2) Jhn pst '75 Dukes music, wh wuld have gtten 5 the licenses fr that music? 6 A Nthing cmes t mind currently. 7 Q S Happy Hur and -- 8 A Happy Hur did the license, yes, 9 but I dn't knw wh else. 10 Q Fr pst '75? 11 A I dn't knw if they did r nt. 12 I'm nt sure. 13 Q Yu can't recall any thers? 14 A I can't recall. I dubt it 15 because they didn't really stay in business 16 lng enugh. 17 Q Okay. Let's just g back t the 18 Natchez a secnd. We talked abut sme f 19 that. D yu knw hw many years the Dukes 20 have been playing n the Natchez? 21 A Rughly '91, '92. Prbably ' Q T present day? 23 A T present day. 24 Q And have they always played the 25 same amunt, generally? Page 347

16 28328 Shup(v12) Jhn A N. They play whenever they have 2 time available, if there's turists in twn 3 r nt. It's very flexible. 4 Q And yu fill in with ther bands? 5 A Right. If they're ut f twn, I 6 fill in with ther bands. 7 Q What des the Natchez pay yu fr 8 thse perfrmances? 9 A Less than what I pay the band. 10 Q Can yu tell me what that is? 11 A Like $700 a week. 12 Q And what d yu pay the band? 13 A 775. It varies, yu knw. 14 Q And we've talked abut Mahgany 15 Hall and Mntelene. Is there any ther 16 place where the Dukes have perfrmed 17 regularly besides the Natchez, Mahgany 18 Hall, Htel Mntelene? 19 A After we clsed Mahgany Hall, we Page 348

17 28328 Shup(vI2) Jhn went t a place n Canal Street called Tts 21 Place. 22 Q T-O-O-T-S? 23 A Yes. Right. 24 Q Yu said -- I'm srry, where was 25 that? A On Canal, dwntwn. 2 Q When was this? 3 A Had t be '91, '92, right in 4 there. 5 Q Were yu cnnected t Tts Place 6 at all? 7 A N. 8 Q Hw did yu even find them? 9 A They were lking fr a band, and 10 we didn't have a hme. 11 Q Okay. S hw ften did the Dukes 12 perfrm there? 13 A Until they wuldn't pay us Page 349

18 14 anymre Shup(v12) Jhn Q When was that? 16 A ' Q S they nly did it fr a year? 18 A Nt even that. 19 Q When they were there, hw lng what was the schedule like? Every night, 21 r-- 22 A It was like six nights, then it 23 went t five, then it went t fur. And 24 then they wed us abut three-weeks backpay; 25 and then finally we just pulled the plug, and they flded shrtly thereafter. 2 Q Did yu have any kind f cntract 3 with Tts Place? 4 A Might have. I dn't recall. 5 Q What abut Natchez, d yu have a 6 cntract with the Natchez? r: 7 A They've gt a letter f agreement. Page 350

19 8 That's all. N cntract Shup(vI2) Jhn Q And d yu have that dcument 10 smewhere? 11 A Smewhere. 12 Q Okay. 13 A I have n idea where. It's nt in 14 effect anymre anyway since Katrina. 15 Q The letter f agreement isn't? 16 A N. 17 Q But they are still playing? 18 A They're playing there, but it's 19 just a handshake and Q S nthing in writing after 21 Katrina? 22 A N. 23 Q But the checks -- I mean, 24 Steambat Natchez sends a check t -- is it 25 t GSI? A Usually a mnth late. Page 351

20 28328 Shup(vI2) Jhn Q But is that the cmpany wh gets 3 it? 4 A GCI. 5 Q S the-- 6 A N, sends it t the Dukes. They 7 dn't send it t GSl r GCl; they send it t 8 the Dukes. 9 Q Which is yu really, right? 10 A Yeah. Right. 11 Q S, I mean, there's sme paper 12 trail shwing that yu-guys wrk tgether, 13 right? 14 A Right. 15 Q What did yu-guys r the Dukes r 16 yu get paid fr the perfrmances at Tts 17 Place? 18 A $400 a night. It wasn't much. 19 Q $400 a night at Tts Place? 20 A Yes. 21 Q And crrect me if I'm wrng, but I 22 thught yu tld me at Natchez it's 700 a 23 week? 24 A $700 a night, srry. Fr a while, Page 352

21 28328 Shup(v12) Jhn it was $ Q But it's nw 700? 2 A After Katrina, it was less than 3 that. But I dn't knw what it was. 4 Q But at this mment it's 700? 5 A 700,right. 6 Q And when yu were at Tts Place, 7 what did yu pay the band members? 8 A Or it might -- I'm srry, I stand 9 t be crrected. It's Q When was it 675? 11 A It's 675 nw. 12 Q Oh, nw. And what d yu pay the 13 band members fr Natchez? 14 A Q S yu pay them 100 mre than yu 16 make? 17 A Yes. 18 Q Is there a reasn why yu're Page 353

22 r: 19 paying ut mre? Shup(vI2) Jhn A I'm trying t keep them tgether. 21 Q The musicians want t be paid that 22 amunt? 23 A They usually d. They usually 24 like t get paid. 25 Q I wuld imagine What abut at Tts Place, what 2 did yu pay the musicians? 3 A Mre than -- much mre than what I 4 gt. 5 Q S yu gt 400 a night. D yu 6 remember what yu -- 7 A N, I dn't remember. 8 MS. SCALISE: 9 Steve, I can stp. I'm at a 10 stpping place. 11 MR.DORVEE: 12 Okay. Gd. Page 354

23 28328 Shup(v12) Jhn ERRATA SHEET 2 JOHN SHOUP (VOLUME II) 3 PAGEILINE NOW READS SHOULD READ REASONS Page 357

24 / CIVIL DISTRICT COURT STATE OF LOUISIANA PARISH OF ORLEANS ANTONIO D. ASSUNTO, AS * NO ADMINISTRATOR OF THE ESTATE OF FRANK J. ASSUNTO * VERSUS * DIVISION "I" JOHN SHOUP, TELERECORD * TELEVISION PRODUCTIONS LTD., T.L.P. OF NEW ORLEANS, INC, * VOLUME I ET AL * * * * * * * * * * * * * * * * * * * * * * * * * * * The depsitin f JOHN S. SHOUP, taken in cnnectin with the captined cause, pursuant t the fllwing stipulatins befre Tammy Hupin, Certified Curt Reprter, at the ffices f STANLEY, REUTER, ROSS, THORNTON & ALFORD, 909 Pydras Street, Suite 2500, New Orleans, Luisiana 70112, n the 16th day f July, 2009, beginning at 9:01 a.m. ESQll.IRg Tll Free: Facsimile: Suite Pydras Street New Orleans, LA

25 Jhn S. Shup July 16, APPEARANCES: FOR THE PLAINTIFF, ANTONIO D. ASSUNTO: SUZANNE K. SCALISE, ESQ. STANLEY, REUTER, ROSS, THORNTON & ALFORD 909 Pydras Street - Suite 2500 New Orleans, Luisiana FOR THE DEFENDANTS, JOHN SHOUP, TELERECORD 7 TELEVISION PRODUCTIONS LTD., T.L.P. OF NEW ORLEANS, INC. : 8 STEPHEN M. DORVEE, ESQ. 9 ARNALL GOLDEN GREGORY, LLP TH STREET, NORTHWEST - SUITE ATLANTA, GEORGIA ALSO PRESENT: 13 ANTONIO D. ASSUNTO Tll Free: Facsimile: Suite Pydras Street New Orleans, LA

26 28328 Shup(vI2) Jhn Q -- and say '74? 2 A '74. 3 Q Yu didn't think then that yu 4 wuld draw in a crwd -- 5 A N. 6 Q -- f peple wh -- 7 A That wasn't even in my thught, 8 n. 9 Q Did yu ever think that prviding 10 histry f the Assunt's Dukes, which wuld 11 be befre let's just say, yu knw, befre 12 '74, yu didn't think giving a cnnectin t 13 the Assunt Dukes wuld smehw make peple 14 mre interested in the pst '74 r '75 15 Dukes? 16 A N. Actually, t the ppsite. 17 Q Tell me what yu mean by that. 18 A When I started calling the agents 19 and they said, yu knw, we dn't want-- Page 158

27 28328 Shup(vI2) Jhn yu knw, Frank had this pickup band. Since 21 Freddy died, Frank was pretty much a pickup 22 band. He'd fly int twn and hire lcal 23 musicians that were there. S they didn't 24 want that, the agents didn't want that. 25 And because f that is the reasn why Ihad t -- Iculdn't get enugh dates 2 t keep the thing tgether. Iended up 3 putting ut all that mney t buy the -- t 4 take the lease ver and put in the 5 nightclub, Dukes' Place. 6 Q And the lease, which ne are yu 7 referring t? 8 A Ihad t -- that was Dukes' Place, 9 tp f the Mntelene. Ihad t spend mney 10 up there t give them a hme base, because I 11 made the decisin they had t have a hme 12 base. 13 Q Well, then, during the time when Page 159

28 28328 Shup(v12) Jhn yu said that the agents were telling yu 15 that they A They weren't interested. 17 Q -- didn't want t deal with it and 18 they weren't interested A Right. 20 Q -- did yu ever think, well, maybe 21 I ught t -- maybe I ught t change the 22 name? Maybe I ught t d smething else 23 and get peple interested? 24 A I like challenges, and this-was a 25 challenge Q Okay. S even thugh -- and I'll 2 just srt f generalize what I think yu 3 said -- even thugh yu haven't made any 4 mney with it, yu still felt like all 5 thrugh all these years, yu didn't feel 6 like yu shuld change the name if yu 7 thught the name was hurting yu? Page 160

Session 8. MAKING DECISIONS Steps 1 & 2 of Do It!

Session 8. MAKING DECISIONS Steps 1 & 2 of Do It! Sessin 8 MAKING DECISIONS Steps 1 & 2 f D It! WHOSE FUTURE GOAL 6: Yu will learn t make decisins using DO IT! Repeat after me: When yu left last time, yu were thinking abut MAKING DECISIONS. Remember?