Drake Gaetano Deposition

Case 5:12-cv-00836-DEP Document 97-21 Filed 09/30/15 Page 1 of 6
EXHIBIT S
to the
DECLARATION OF THOMAS CURLEY
IN SUPPORT OF
DEFENDANTS MOTION FOR AN ORDER
FINDING PLAINTIFF TO BE A PUBLIC FIGURE
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
---------------------------------------------------
LAURIE J. FINE,
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Plaintiff,
-vs-
5:12-CV-0836 (LEK/DEP)
ESPN, INC., a Subsidiary of Walt

Disney, Inc., MARK SCHWARZ, in his
individual capacity and as an employee

of ESPN; and ARTHUR BERKO, in his
individual capacity and as an employee

of ESPN,
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Defendants.
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Deposition of DRAKE GAETANO, Non-Party
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Witness, held at the offices of ACTION
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REPORTING SERVICE, LLC, Syracuse, New York,
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on 12/09/2014, 2:10 p.m., before PAMELA
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PALOMEQUE, RPR, CRR, and Notary Public in
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and for the State of New York.
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212-279-9424
Veritext Legal Solutions

www.veritext.com
212-490-3430
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APPEARANCES:
For the Plaintiff:
COHEN & WILLWERTH
(TELEPHONICALLY)
Attorneys at Law
301 Grant Street
Suite 4300
Pittsburgh, PA 15219
BY:
LAWRENCE H. FISHER, ESQ.
412.894.8741
lawfirst@comcast.net
For the Defendants:
LEVINE, SULLIVAN, KOCH & SCHULZ, LLP
Attorneys at Law
321 West 44th Street
Suite 100
New York, New York 10036
BY:
RACHEL F. STROM, ESQ.
212.850.6102
rstrom@lskslaw.com
For the Witness:
SUGARMAN LAW FIRM
Attorneys at Law
211 West Jefferson Street
Syracuse, New York
13202
BY:
DONALD L. SCHOENWALD, ESQ.
212-279-9424

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212-490-3430
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Q.
Could you describe what efforts she made to
get publicity for the stores?
A.
She -- well, first of all, because we're a
hair salon, she would -- a lot of the clients that would
come in, they would buy from her and she would use a lot
of her customers to help promote her.
think -- I believe she did some marketing through
television, radio, print ads, basically -- because we
have a lot of businesses; there's that type of one, too.
She would do -- I
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She spent quite a bit of money marketing I would say,
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yes.
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Q.
Do you remember what TV stations she was on?
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A.
She was on Bridge Street on Channel 9, I
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know that, and she did a lot of her -- because she knew
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people at Channel 9, she used Channel 9 mostly.
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Q.
Mostly?
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A.
But she got a lot of press from other
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stations because it was something new, and the fact that
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a lot of people knew, she was like a so-called celebrity
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I guess.
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Q.
She was a so-called celebrity before she
started these stores?
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MR. FISHER:
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Q.
You can answer.
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A.
Yes.
212-279-9424
Objection.
Yes, I would say -- well, she felt -Veritext Legal Solutions

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Page 8
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she always felt she was a celebrity, yes.
Q.
Was she well-known in the Syracuse community?
A.
Absolutely.
MR. FISHER:
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Q.
You answered.
A.
Yes.
Objection.
I'm sorry, the answer to that
was?
MR. SCHOENWALD:
the objections?
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ignorance here.
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MR. FISHER:
What's the basis for
Just illuminate my vast
Well, it's a leading
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question, first of all, but more importantly
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it's -- well, it's objectionable for tons of
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reasons under the rules and I don't need to
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specify them to you, sir.
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BY MS. STROM:
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Q.
Over the years that you've known Laurie Fine
would you have described her as a friend?
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A.
Do I get any other categories?
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Q.
Yes.
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A.
That's a bad kind of --
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Q.
How would you describe your relationship with
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Laurie Fine?
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A.
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That's not an easy question to answer
because I'm trying to think of the word that would
212-279-9424

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212-490-3430
Page 45
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REPORTER'S CERTIFICATE
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I, PAMELA PALOMEQUE, RPR, CRR, and
Notary Public, certify:
That the foregoing proceedings were taken before me at
the time and place therein set forth, at which time the
witness was put under oath by me;
That the testimony of the witness and all objections made
at the time of the examination were recorded
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stenographically by me and were thereafter transcribed;
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That the foregoing is a true and correct transcript of my
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shorthand notes so taken;
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I further certify that I am not a relative or employee of
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any attorney or of any of the parties nor financially
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interested in the action.
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<%Signature%>
PAMELA PALOMEQUE, RPR, CRR
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Certified Livenote Reporter
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212-279-9424

www.veritext.com
212-490-3430

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Case 5:12-cv-00836-DEP Document 97-21 Filed 09/30/15 Page 1 of 6

Case 5:12-cv-00836-DEP Document 97-21 Filed 09/30/15 Page 2 of 6

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK

ESPN, INC., a Subsidiary of Walt

individual capacity and as an employee

individual capacity and as an employee

Deposition of DRAKE GAETANO, Non-Party

Witness, held at the offices of ACTION

REPORTING SERVICE, LLC, Syracuse, New York,

on 12/09/2014, 2:10 p.m., before PAMELA

PALOMEQUE, RPR, CRR, and Notary Public in

and for the State of New York.

Veritext Legal Solutions

Case 5:12-cv-00836-DEP Document 97-21 Filed 09/30/15 Page 3 of 6

Veritext Legal Solutions

Case 5:12-cv-00836-DEP Document 97-21 Filed 09/30/15 Page 4 of 6

Could you describe what efforts she made to

get publicity for the stores?

She -- well, first of all, because we're a

hair salon, she would -- a lot of the clients that would

of her customers to help promote her.

think -- I believe she did some marketing through

television, radio, print ads, basically -- because we

have a lot of businesses; there's that type of one, too.

She spent quite a bit of money marketing I would say,

Do you remember what TV stations she was on?

She was on Bridge Street on Channel 9, I

people at Channel 9, she used Channel 9 mostly.

But she got a lot of press from other

stations because it was something new, and the fact that

a lot of people knew, she was like a so-called celebrity

She was a so-called celebrity before she

started these stores?

You can answer.

Yes, I would say -- well, she felt -Veritext Legal Solutions

Case 5:12-cv-00836-DEP Document 97-21 Filed 09/30/15 Page 5 of 6

she always felt she was a celebrity, yes.

Was she well-known in the Syracuse community?

I'm sorry, the answer to that

What's the basis for

Just illuminate my vast

Well, it's a leading

question, first of all, but more importantly

it's -- well, it's objectionable for tons of

reasons under the rules and I don't need to

specify them to you, sir.

Over the years that you've known Laurie Fine

would you have described her as a friend?

Do I get any other categories?

That's a bad kind of --

How would you describe your relationship with

That's not an easy question to answer

because I'm trying to think of the word that would

Veritext Legal Solutions

Case 5:12-cv-00836-DEP Document 97-21 Filed 09/30/15 Page 6 of 6

I, PAMELA PALOMEQUE, RPR, CRR, and

Notary Public, certify:

That the foregoing proceedings were taken before me at

witness was put under oath by me;

That the testimony of the witness and all objections made

at the time of the examination were recorded

stenographically by me and were thereafter transcribed;