1
            IN THE UNITED STATES DISTRICT COURT
             FOR THE SOUTHERN DISTRICT OF OHIO
                      EASTERN DIVISION
     
     WORLDWIDE BASKETBALL & 
     SPORTS, INC, et al,
                 Plaintiffs,
           vs                       Case No
     NATIONAL COLLEGIATE             C-2-00-1439
     ATHLETIC ASSOCIATION,           JUDGE SARGUS
                 Defendant          MAG JUDGE ABEL
     
     
                         ~ ~ ~ ~ ~
                 Deposition of HARVEY S ROSEN, PhD, 
     called for examination under the Applicable Rules 
     of Federal Civil Procedure, taken before me, 
     Rebecca L Stonerock, a Registered Professional 
     Reporter and a Notary Public in and for the State 
     of Ohio, by agreement of counsel, at the offices 
     of Vorys, Sater, Seymour & Pease, Cleveland, 
     Ohio, on Friday, March 14, 2003, at 9:00 o'clock 
     am
                         ~ ~ ~ ~ ~
     

                                                                     2
 1   APPEARANCES:
 2   
 3         On behalf of the Plaintiffs:
 4               Markovits & Greiwe, by
 5               WILLIAM B MARKOVITS, ESQ
 6               119 East Court Street, Suite 500
 7               Cincinnati, Ohio  45202
 8               513-977-4774
 9         
10         On behalf of the Defendant:
11               Miller, Canfield, Paddock & Stone, by
12               GREGORY L CURTNER, ESQ
13               101 North Main Street
14               Ann Arbor, Michigan  48104
15               734-663-2445
16                      ~ ~ ~ ~ ~
17   
18   
19   
20   
21   
22   
23   
24   
25   

                                                                     3
 1         HARVEY S ROSEN, PhD, of lawful age, 
 2   called for examination, as provided by the 
 3   Federal Rules of Civil Procedure, being by me 
 4   first duly sworn, as hereinafter certified, 
 5   deposed and said as follows:
 6         EXAMINATION OF HARVEY S ROSEN, PhD
 7   BY MR CURTNER:
 8         Q    Good morning
 9         A    Good morning
10         Q    As you know, I'm Greg Curtner and I 
11   represent the NCAA in this matter  And you are 
12   here as an expert witness for the plaintiff; is 
13   that right?
14         A    Correct
15         Q    Plaintiffs, I should say  And 
16   you've been deposed on multiple prior 
17   occasions?
18         A    Correct
19         Q    How many times have you been 
20   deposed so far this year?
21         A    This year?  Several times possibly
22         Q    How many times have you been 
23   deposed so far this month?
24         A    Couple times
25         Q    I notice attached to your CV you 

                                                                     4
 1   have a log of reports and depositions and trial 
 2   appearances  Does someone in your office keep 
 3   track of that?
 4         A    Yes
 5         Q    And who's that?
 6         A    That would be kept track by Jamie 
 7   Mowry
 8         Q    And what is that person's position?
 9         A    Administrative assistant
10         Q    You have a business, a firm?
11         A    Yes
12         Q    And what's its name?
13         A    Burke, Rosen & Associates
14         Q    And you've been affiliated with 
15   that organization since when?
16         A    Informally since 1969, formally 
17   since 1973
18         Q    And it consists at present of you 
19   and Mr Burke and how many other people?
20         A    Five
21         Q    And what do they do?
22         A    Well, we've already talked about 
23   Jamie Mowry  The other four would be research 
24   associates and assistants
25         Q    So they work on providing research 

                                                                     5
 1   backup for you and Mr Burke?
 2         A    Correct
 3         Q    Are you and Mr Burke the only 
 4   representatives of your organization who 
 5   actually testify in court?
 6         A    Primarily, but not exclusively
 7         Q    Who else actually gives testimony?
 8         A    Mr Humel has testified  Mr 
 9   Constable is available for testimony  I don't 
10   believe he actually has  I think he has sat in 
11   the courtroom wings a couple times
12         Q    And what are their full names and 
13   briefly their backgrounds?
14         A    Alex Constable is an individual -- 
15   he has an economics undergraduate degree, he 
16   holds an MBA  Both degrees are from Cleveland 
17   State University  He has been an employee -- I 
18   believe this is his eleventh or twelfth year
19               Brad Humel is an individual who has 
20   an undergraduate degree in political science  
21   He has --