Shaquille O'Neal Deposition

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FILED: NEW YORK COUNTY CLERK 07/16/2021 12:44 PM INDEX NO.

651538/2018
NYSCEF DOC. NO. 420 RECEIVED NYSCEF: 07/16/2021

Exhibit J
FILED: NEW YORK COUNTY CLERK 07/16/2021 12:44 PM INDEX NO. 651538/2018
NYSCEF DOC. NO. 420 RECEIVED NYSCEF: 07/16/2021

Page 1
CONFIDENTIAL
C O N F I D E N T I A L
TRANSCRIPT DISCLAIMER:

In compliance with the Confidentiality Order


granted by the Court in this case, and the requested
designation by the Parties, the following Transcript is to
remain confidential until otherwise noted.

- o 0 o -

(This transcript has been


deemed Confidential by the
Reporter, at the request of the
Parties, as of June 23rd,
2020.)

- o 0 o -
FILED: NEW YORK COUNTY CLERK 07/16/2021 12:44 PM INDEX NO. 651538/2018
NYSCEF DOC. NO. 420 RECEIVED NYSCEF: 07/16/2021

Page 2 Page 4
1 CONFIDENTIAL 1 CONFIDENTIAL
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: IAS PART 54
2 STIPULATIONS
3 - - - - - - - - - - - - - - - - - - - - - -x 3 IT IS HEREBY STIPULATED AND AGREED by and between
4 DANCO ENTERPRISES, LLC, WANTICKETS RDM, LLC, WANTMCS 4 the attorneys for the respective parties herein as follows:
HOLDINGS, LLC, and JOSEPH SCHNAIER,
5 5 All rights provided by the C.P.L.R. and Part 221
Plaintiffs, 6 of the Uniform Rules for the Conduct of Depositions,
6
Index No.: 7 including the right to object to any question except as to
7 651538/2018 8 form, or such other irregularity that would be waived if
8
-against- 9 not interposed, or to move to strike any testimony at this
9 10 examination is reserved.
10 LIVEXLIVE MEDIA, INC., F/K/A LOTON CORP., LIVEXLIVE
TICKETS, INC., ROBERT S. ELLIN, ALEC ELLIN, BLAKE INDURSKY,
11 No objections shall be made at a deposition except
11 COMPUTERSHARE TRUST COMPANY, N.A., CL, LLC, D/B/A LIGHT 12 those which, pursuant to subdivision (b), (c), or (d) of
NIGHTCLUB, AND CDBC, LLC, D/B/A DAYLIGHT BEACH CLUB, 13 Rule 3115 of the Civil Practice Law and Rules, would be
12
13 Defendants. 14 waived if not interposed, and except in compliance with
14 - - - - - - - - - - - - - - - - - - - - - -x 15 subdivision (e) of such Rule. All objections made at a
15 CONFIDENTIAL VIDEOCONFERENCED VIDEOTAPED Oral
deposition of SHAQUILLE O'NEAL, a Non-Party Witness, taken 16 deposition shall be noted by the officer before whom the
16 pursuant to Notice, was held via Zoom Video Communications 17 deposition is taken, and the answer shall be given and the
on behalf of Schlam, Stone & Dolan, LLP, commencing June
17 23rd, 2020, at 4:12 p.m., on the above date, before AMBRIA 18 deposition shall proceed subject to the objections and to
IANAZZI, a Certified Stenographic Reporter and Notary 19 the right of a person to apply for appropriate relief
18 Public in and for the State of New York.
19 - - - - - - - - - - - - - - - - - - - - - - - - -x
20 pursuant to Article 31 of the C.P.L.R.
20 21 Every objection raised during a deposition shall
21 22 be stated succinctly and framed so as not to suggest an
22
23 23 answer to the deponent and, at the request of the
24 MAGNA LEGAL SERVICES 24 questioning attorney, shall include a clear statement as to
(866) 624-6221
25 www.MagnaLS.com 25 any defect in form or other basis of error or irregularity.

Page 3 Page 5
1 CONFIDENTIAL 1 CONFIDENTIAL
2 A P P E A R A N C E S:
3 SCHLAM STONE & DOLAN, LLP
2 Except to the extent permitted by C.P.L.R. Rule 3115 or, by
Attorneys for Plaintiff 3 this Rule, during the course of the examination persons in
4 26 Broadway, 19th Floor 4 attendance shall not make statements or comments that
New York, New York 10004
5 5 interfere with the questioning.
BY: JOSHUA WURTZEL, ESQ. 6 A deponent shall answer all questions at a
6 (Present via videoconference)
7 ALSO PRESENT:
7 deposition, except (i) to preserve a privilege or right of
JESSICA CATERINA, ESQ. 8 confidentiality, (ii) to enforce a limitation set forth in
8 (Present via videoconference) 9 an order of a court, or (iii) when the question is plainly
9
10 10 improper and would, if answered, cause significant
11 STEVEN D. ISSER ATTORNEY AT LAW 11 prejudice to any person. An attorney shall not direct a
Attorneys for Defendants
12 1359 Broadway, Suite 2001
12 deponent not to answer except as provided in C.P.L.R. Rule
New York, New York 10018 13 3115 or this subdivision. Any refusal to answer or
13 14 direction not to answer shall be accompanied by a succinct
BY: STEVEN D. ISSER, ESQ.
14 (Present via videoconference) 15 and clear statement of the basis therefore. If the
15 16 deponent does not answer a question, the examining party
16
17
17 shall have the right to complete the remainder of the
18 18 deposition.
19 ALSO PRESENT: 19 An attorney shall not interrupt the deposition for
20 JOSEPH SCHNAIER,
(Present via videoconference) 20 the purpose of communicating with the deponent unless all
21 21 parties consent, or the communication is made for the
22 ROBERT ELLIN
(Present via videoconference)
22 purpose of determining whether the question should not be
23 23 answered on the grounds set forth in section 221.2 of these
Michael Correia, Videographer, Magna Legal Services 24 Rules and, in such event, the reason for the communication
24 (Present via videoconference)
25 25 shall be stated for the record succinctly and clearly.

2 (Pages 2 to 5)
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Page 6 Page 8
1 CONFIDENTIAL 1 CONFIDENTIAL
2 Due to COVID-19 social distancing protocols, all 2 THE VIDEOGRAPHER: Please stand by. We're going
3 parties shall waive the administration of this proceeding 3 on the record. We are now on the record. This begins
4 with the Notary and the Witness at the same physical 4 Video Tape Number 1 in the deposition of Shaquille
5 location, and, therefore, consent to moving forward with 5 O'Neal, in the matter of Danco Enterprises, LLC, et
6 the proceeding remotely, and that the testimony provided by 6 al., versus LiveXLive Media, Inc., et all.
7 the Witness under oath shall have the same force and effect 7 Today is Tuesday, June 23rd, 2020, and the
8 as if it were given in person, in the same state as the 8 time is currently 4:11 p.m. This deposition is being
9 Notary Public. 9 taken remotely via Zoom.
10 10 The videographer is Michael Correia of Magna
11 11 Legal Services, and the court reporter is Ambria
12 12 Ianazzi of Magna Legal Services.
13 13 Will counsel and all parties present please
14 14 state their appearances and whom they represent?
15 15 MR. WURTZEL: Good afternoon. Joshua Wurtzel with
16 16 the law firm of Schlam, Stone and Dolan for the
17 17 Plaintiffs.
18 18 MR. ISSER: Steven Isser. Law Offices of Steven
19 19 D. Isser for the Defendants.
20 20 MR. ROSS: Pete Ross for the Witness.
21 21 MR. ROACH: Dennis Roach for the Witness.
22 22 THE COURT REPORTER: Who is in the back of Dennis
23 23 Roach?
24 24 MR. ROACH: Just a gentleman who works for me.
25 25 THE COURT REPORTER: Will he be present --
Page 7 Page 9
1 CONFIDENTIAL 1 CONFIDENTIAL
2 * * * 2 MR. ROACH: No.
3 3 THE COURT REPORTER: Okay.
4 THE COURT REPORTER: State your name for the 4 THE VIDEOGRAPHER: Okay. And will the court
5 record, please. 5 reporter please swear in the Witness?
6 THE WITNESS: Shaquille O'Neal. 6 THE COURT REPORTER: Okay. Raise your right hand.
7 THE COURT REPORTER: And what is your address? 7 (Witness complies.)
8 MR. ROACH: By Counsel, he's not giving his 8 THE COURT REPORTER: Do you swear to tell the
9 address. 9 truth, the whole truth and nothing but the truth so
10 THE COURT REPORTER: Okay. 10 help you God?
11 11 THE WITNESS: I do.
12 * * * 12 THE COURT REPORTER: Okay. You're under oath.
13 13 You can put your hand down now.
14 14 THE WITNESS:
15 15 (Witness complies.)
16 16 -o0o-
17 17
18 18 S H A Q U I L L E O 'N E A L,
19 19 SHAQUILLE O'NEAL, herein, having been
20 20 first duly sworn by a Notary Public of
21 21 the State of New York, remotely, via
22 22 Zoom Video Communications, was examined
23 23 and testified as follows:
24 24
25 25 -o0o-

3 (Pages 6 to 9)
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1 CONFIDENTIAL 1 CONFIDENTIAL
2 EXAMINATION BY 2 with a Subpoena served on Mr. O'Neal. There's also --
3 MR. WURTZEL: 3 THE COURT REPORTER: I'm sorry, I lost you at,
4 Q. Good afternoon -- 4 "there's also."
5 MR. ROSS: Excuse me, before we get started, I 5 Q. There's also a Court Order in this case stating
6 just want to say that I am designating this transcript 6 that depositions will be taken by video, unless otherwise
7 Confidential, and the Videotape is Confidential, 7 agreed or ordered by the Court. I just want to state that
8 pursuant to the terms of the Protective Order that was 8 everyone has agreed that this deposition -- this
9 filed in this case on October 19th, 2018. Thank you. 9 deposition is being done by video, and will be deemed for
10 You may proceed. 10 all purposes as having been done in person. If counsel
11 MR. ISSER: I'll co-designate it as Confidential. 11 for the Defendants and for the Witness could just state
12 MR. WURTZEL: Okay. All right. 12 their agreement for the record, I would appreciate it.
13 13 MR. ISSER: Agreed.
14 14 MR. ROACH: So agreed.
15 15 MR. WURTZEL: Okay.
16 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
Page 11 Page 13
1 CONFIDENTIAL 1 CONFIDENTIAL
2 BY MR. WURTZEL: 2 BY MR. WURTZEL:
3 Q. Good afternoon, sir. Do you go by Mr. O'Neal, or 3 Q. Dr. O'Neal, are you familiar with a company called
4 Dr. O'Neal? I heard some of your attorneys were calling 4 LiveXLive Media, Inc.?
5 you, "Doctor." I want to make sure I address it properly. 5 A. Yes, sir; it's a live music streaming service.
6 A. Either or, sir. 6 Q. Okay. And when did you first become familiar with
7 Q. Okay. So, Dr. O'Neal, my name is Josh Wurtzel. 7 LiveXLive Media?
8 I'm a lawyer in New York with the law firm Schlam, Stone, 8 A. I don't know the -- the date, but whenever my
9 and Dolan. I represent the Plaintiffs in this action. 9 agent, Perry Rogers, produced it to me.
10 As you probably saw when we were getting started, 10 Q. Okay. Do you recall whether that was before or
11 there are a lot of people on the call, and because we're 11 after 2017?
12 doing this remotely, I'm going to do my best to let you 12 A. I don't know.
13 finish your answer before I ask the next question, and you 13 Q. Okay. And what's your understanding of what
14 should similarly do your best to let me finish the 14 LiveXLive Media does as a company?
15 question before you answer. 15 A. I just -- I just know it was a live music
16 By the same token, try to speak slowly, and 16 streaming service.
17 clearly, and if you're answering, make sure you answer 17 Q. Okay. Sir, I'm going to ask you a number of
18 verbally rather than just with a head nod, or head shake. 18 questions in the time-period I'm focused on in the set of
19 If you have any misunderstanding, or if you don't 19 questions is January 1st, of 2015, through May 5th of
20 understand a question, let me know and I'll do my best to 20 2017; okay? So, that's the time-period.
21 rephrase it, or clarify for you, but if you answer the 21 So, we're looking at the beginning of January in
22 question, then I'm going to assume that you understood it. 22 2015, through May 5th of 2017. So, it's a little less
23 And just before I get started, I'm just going 23 than two and a half years. In that time-period, were you
24 to -- the court reporter mentioned it before, but this 24 ever an Officer of LiveXLive Media?
25 deposition is being conducted by video, and in accordance 25 A. What -- is being on the advisory board -- as being

4 (Pages 10 to 13)
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1 CONFIDENTIAL 1 CONFIDENTIAL
2 an officer, because I don't -- I know I was on the 2 role as member of the advisory board of LiveXLive Media?
3 advisory board. 3 A. Like I said, I was ready, and willing, and able to
4 Q. Oaky. When you say, "on the advisory board," what 4 give my advice to -- if asked --
5 was your understanding in that time-period regarding what 5 THE COURT REPORTER: Ready, willing, and able to
6 the advisory board of LiveXLive Media did? 6 give advice --
7 MR. ISSER: Objection to form. 7 A. If requested.
8 MR. WURTZEL: You can answer. 8 THE COURT REPORTER: Thank you.
9 A. Can you repeat the question? 9 THE WITNESS: Yes, ma'am.
10 Q. Yeah. So, in that time-period, what was your 10 Q. And sitting here today, you don't recall any
11 understanding of what the advisory board of LiveXLive 11 specific instances where you were either asked for, or
12 Media did? 12 gave advice to LiveXLive Media management or board of
13 A. Well, I -- I know at all times, I would be ready, 13 directors?
14 willing, and able to give my advice, if ever asked. 14 A. No, I do not recall.
15 Q. Okay. Were you ever asked to give your advice to 15 Q. Okay. Were you ever a member of LiveXLive Media
16 company management? 16 board of directors?
17 A. I don't recall if I was ever asked. 17 A. Does being on the advisory board of directors
18 Q. Okay. Regardless of whether you were asked, did 18 count? I don't know.
19 you ever give your advice to management of LiveXLive 19 Q. Okay. So, I'm going to clarify. Other than
20 Media? 20 serving on the advisory board of LiveXLive Media, did you
21 MR. ISSER: Objection to form. 21 hold any other position, either with management, or as a
22 Q. Dr. O'Neal, you can go ahead and answer when 22 director with LiveXLive Media?
23 counsel objects. Unless your lawyer specifically tells 23 MR. ISSER: Objection to form.
24 you not to answer a question, you should let him make the 24 You can answer.
25 objection, but you could answer. Go ahead, and answer 25 A. My only agreement was to be on the advisory board;
Page 15 Page 17
1 CONFIDENTIAL 1 CONFIDENTIAL
2 anyway. 2 that was it.
3 A. Can you repeat the question? 3 Q. Okay. And how is it that you came to serve on the
4 MR. WURTZEL: Can you read it back? 4 LiveXLive Media advisory board?
5 THE COURT REPORTER: Sure. 5 A. Repeat the question. I don't know what you mean.
6 (Whereupon, the requested 6 Q. Okay. Do you know who Rob Ellin is?
7 portion was read back by the 7 A. The name sounds familiar.
8 reporter.) 8 Q. Okay. Have you ever met Rob Ellin?
9 A. I don't think so. 9 A. I don't know.
10 Q. Okay. So, other than -- 10 Q. Okay. So, I'll represent to you that Rob Ellin is
11 So, I'd asked you before whether you gave any 11 the CEO of LiveXLive Media. So, with that understanding,
12 advice to LiveXLive Media management. Did you ever give 12 did you ever meet Rob Ellin?
13 any advice to LiveXLive Media's board of directors? 13 MR. ISSER: Objection to form.
14 A. I don't think so. 14 A. I'm not sure.
15 Q. Okay. Did you ever -- 15 Q. Okay. Regardless of whether you met Mr. Ellin in
16 Other than serving on the advisory board of 16 person, do you recall ever speaking on the phone with
17 LiveXLive Media, did you have any other role with 17 Mr. Ellin?
18 LiveXLive Media? 18 A. I don't know.
19 A. No. 19 Q. Okay. Were you ever an --
20 MR. ISSER: Objection. 20 Other than serving on the advisory board of
21 Q. I'm sorry, what was the answer? 21 LiveXLive Media, were you ever an employee of LiveXLive
22 A. No. 22 Media?
23 (Simultaneous speaking.) 23 MR. ISSER: Objection to form.
24 THE COURT REPORTER: No. 24 A. My only agreement was to be on the advisory board.
25 Q. Okay. And what, if anything, did you do in your 25 Q. Okay. You referenced an agreement. With whom did

5 (Pages 14 to 17)
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1 CONFIDENTIAL 1 CONFIDENTIAL
2 you have an agreement concerning your role on the 2 A. No.
3 LiveXLive Media advisory board? 3 Q. Okay. Did you ever tell anyone at LiveXLive Media
4 A. Well, you have to ask my agent that. 4 that you would try to help it secure streaming rights for
5 Q. Okay. Did you enter into any written agreements 5 music festivals?
6 with LiveXLive Media concerning your role on the LiveXLive 6 A. No.
7 Media advisory board? 7 Q. Did you ever tell anyone from LiveXLive Media that
8 A. Before -- 8 you would try to help it secure streaming rights for
9 THE COURT REPORTER: I'm sorry, what? 9 individual music artists?
10 A. Before accepting the deal, I had my agents and my 10 A. No.
11 lawyer vet the company. 11 Q. Did you ever tell anyone at LiveXLive Media that
12 THE COURT REPORTER: Okay. Thank you. 12 you would try to help it raise money from investors?
13 Q. Okay. So, regardless of whether it was before or 13 A. No.
14 after you, as you said, accepted the deal, sitting here 14 MR. ISSER: Objection.
15 today, is there a piece of paper? Is there any written 15 Q. Did you ever make introductions for either
16 agreement between you and LiveXLive Media concerning your 16 Mr. Ellin, or anyone else at LiveXLive Media to people in
17 service on LiveXLive Media's advisory board? 17 the music industry?
18 A. You have to ask my representatives. 18 MR. ISSER: Objection.
19 Q. Okay. Did you ever help LiveXLive Media secure 19 A. No.
20 streaming rights for its music festivals? 20 Q. Did you ever speak to anyone at LiveXLive Media?
21 MR. ISSER: Objection to form. 21 A. I don't think so, no.
22 A. Me personally? No, I never did any of that. 22 Q. Did you ever participate in a meeting of LiveXLive
23 Q. Okay. Did you ever help LiveXLive Media raise 23 Media's board of directors?
24 money from investors? 24 A. No.
25 A. No, I never did any of that. 25 Q. As far as you recall, did you ever have any
Page 19 Page 21
1 CONFIDENTIAL 1 CONFIDENTIAL
2 Q. Okay. Did you ever help LiveXLive Media secure 2 discussions with LiveXLive Media management?
3 streaming rights for individual music artists? 3 A. I don't know.
4 A. No, I never did any of that. 4 Q. Did you ever participate in any meetings of the
5 Q. Okay. Did anyone from LiveXLive Media ever ask 5 LiveXLive Media special advisory board?
6 you to help it secure streaming rights for music 6 A. I don't recall if I was ever asked for any advice.
7 festivals? 7 Q. Okay. Did anyone from LiveXLive Media ever ask
8 A. Yeah. 8 you to make introductions to it -- to people in the music
9 Q. What about -- 9 industry?
10 Did anyone from LiveXLive Media ever ask you to 10 MR. ISSER: Objection to form.
11 help it secure streaming rights for individual artists? 11 A. I don't think so, no.
12 MR. ISSER: Objection. 12 Q. Did you ever tell anyone at LiveXLive Media that
13 A. No. 13 you were going to or that you had made introductions to
14 Q. Did anyone from LiveXLive Media ever ask you to 14 people in the music industry for LiveXLive Media?
15 help it raise money from investors? 15 A. No.
16 A. No. 16 MR. ISSER: Haven't you already asked that
17 Q. Regardless of whether you were successful in doing 17 question?
18 any of those three things, did you ever try to? 18 A. Yeah, so I would say the same things.
19 A. No. 19 MR. WURTZEL: So, it was a slightly different
20 Q. Did you ever tell anyone at LiveXLive Media that 20 question. It was whether he had told anyone from
21 you had secured streaming rights for it, either for a 21 LiveXLive Media that he had done this, or was going to
22 music festival, or for an individual artist? 22 do this.
23 A. No. 23 Q. If your answer is no, you could say that.
24 Q. Did you ever tell anyone at LiveXLive Media that 24 MR. ROSS: But I do think that you asked those
25 you had helped it raise money from investors? 25 questions previously. You might have accidentally

6 (Pages 18 to 21)
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1 CONFIDENTIAL 1 CONFIDENTIAL
2 looped back in your outline. 2 A. What do you mean, "pay any money"?
3 Q. Mr. O'Neal, would you mind answering that 3 Q. Well, you said that you got shares from LiveXLive
4 question? 4 Media, correct?
5 A. Can you repeat the question? 5 MR. ISSER: Objection.
6 MR. WURTZEL: Can you read it back? 6 Q. Okay. Did you give --
7 THE COURT REPORTER: Sure. 7 A. (Inaudible.)
8 (Whereupon, the requested 8 (Simultaneous speaking.)
9 portion was read back by the 9 THE COURT REPORTER: Was there an answer?
10 reporter.) 10 THE WITNESS: No, because I don't understand the
11 A. No. 11 question.
12 Q. So, you mentioned that your agent had presented 12 THE COURT REPORTER: Okay.
13 the deal with LiveXLive Media to you. Do you recall, 13 Q. Okay. Dr. O'Neal, you said earlier that you
14 approximately, whether that was before or after January 14 received stock from LiveXLive Media; is that right?
15 1st of 2015? 15 A. Yes.
16 A. I don't know; you have to ask him. 16 Q. Okay. And what, if anything, did you give
17 Q. Okay. And what was your understanding of what, as 17 LiveXLive Media in exchange for that stock?
18 you testified, the deal was for your involvement with 18 MR. ISSER: Objection.
19 LiveXLive Media? 19 A. Again, in exchange for my agreement was to be on
20 MR. ISSER: Objection. 20 the advisory board.
21 A. I think, if I could recall, I would receive shares 21 Q. Okay. You didn't pay any cash for the receipt of
22 of stocks in exchange for my agreement to be on the 22 that stock; is that right?
23 advisory board. 23 MR. ISSER: Objection.
24 Q. Okay. And did you receive stock from LiveXLive 24 A. I don't know.
25 Media? 25 Q. I'm sorry, what was that response?
Page 23 Page 25
1 CONFIDENTIAL 1 CONFIDENTIAL
2 A. I think I did, yes. 2 A. No.
3 Q. Okay. Do you recall how many shares you received? 3 Q. Okay. Was there a value -- withdrawn.
4 A. I don't want to give you the wrong number. I 4 Did anyone from LiveXLive Media make any
5 think it's 100,000 shares. 5 representations to you concerning the value of the stock
6 Q. And do you recall if that was within this 6 that you received at the time that you received it?
7 time-period that we've been talking about, January 1st of 7 MR. ISSER: Objection.
8 2015 through May 5th of 2017? 8 A. To me, no.
9 A. I don't know. You have to ask my representatives. 9 Q. At the time that you received that stock, did you
10 Q. Okay. Are you currently a stockholder of 10 have an understanding of how much it was worth?
11 LiveXLive Media? 11 A. I don't know.
12 A. I would think I am. 12 MR. ISSER: Objection.
13 Q. Okay. To the best of your knowledge, have you 13 Q. I'm sorry, what was the answer, sir?
14 sold any of the stock that you received, when you first 14 A. I do not know.
15 got involved with LiveXLive Media? 15 Q. Dr. O'Neal, when you first got involved with
16 MR. ISSER: Objection. 16 LiveXLive Media, were you aware that its CEO, Mr. Ellin,
17 A. I don't have the answer to that. 17 had been disciplined by the NASD, which is FINRA'S
18 Q. Okay. Did you pay -- 18 predecessor, multiple times?
19 Other than agreeing to serve on the LiveXLive 19 MR. ISSER: Objection.
20 Media advisory board, did you pay any other consideration 20 A. Ask the question again, please.
21 for the stock that you received? 21 MR. WURTZEL: I'm going to have the court reporter
22 MR. ISSER: Objection to form. 22 read it back.
23 A. I don't understand that question. 23 (Whereupon, the requested
24 Q. Okay. Did you pay any money for the stock that 24 portion was read back by the
25 you received from LiveXLive Media? 25 reporter.)

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1 CONFIDENTIAL 1 CONFIDENTIAL
2 MR. ISSER: I'm going to object, and I don't 2 your contact information.
3 understand the relevance to this witness's awareness, 3 THE COURT REPORTER: Okay. Is anyone else
4 because I know the litany that you're going to go down, 4 ordering a copy of the deposition?
5 and I think that these are just improper questions 5 MR. ROSS: No.
6 designed to embarrass my client, and to waste Dr. 6 MR. ROACH: No.
7 O'Neal's time. You can ask your question. 7 (Simultaneous speaking.)
8 MR. WURTZEL: Is that an objection to form? 8 THE VIDEOGRAPHER: The time is 4:35, and we're off
9 MR. ISSER: Take it as you like. 9 the record.
10 MR. WURTZEL: Okay. 10 THE WITNESS: Can I get a copy sent to my law
11 Q. Dr. O'Neal, you can answer the question. 11 firm, Shaq and --
12 MR. ISSER: Objection to form as well to the first 12 (Simultaneous speaking.)
13 questions. I'll -- have to object to form as we go. 13 THE COURT REPORTER: Would you like a copy?
14 MR. WURTZEL: Okay. 14 THE WITNESS: No.
15 Q. You can answer, sir. 15 THE COURT REPORTER: Okay. Nice to meet you.
16 A. Ask the question one more time. 16 Bye everyone.
17 MR. WURTZEL: Can you read it back? 17 (Continued on next page to
18 THE COURT REPORTER: Sure. 18 accommodate jurat.)
19 (Whereupon, the requested 19
20 portion was read back by the 20
21 reporter.) 21
22 A. No. 22
23 MR. ISSER: Objection to form. 23
24 MR. WURTZEL: Okay. 24
25 Q. At the time that you first got involved with 25
Page 27 Page 29
1 CONFIDENTIAL 1 CONFIDENTIAL
2 LiveXLive Media, were you aware that Mr. Ellin had been 2 -o0o-
3 suspended from the securities industry? 3 (Whereupon, the examination of
4 MR. ISSER: Objection to form. 4 SHAQUILLE O'NEAL was concluded
5 A. No. 5 at 4:38 p.m.)
6 MR. WURTZEL: Can we take a five-minute break? 6
7 And then we'll be right back. 7 ______________________
8 THE VIDEOGRAPHER: We're going offline. The time 8 SHAQUILLE O'NEAL
9 is 4:32 p.m. 9
10 (Whereupon, a short recess was 10 Subscribed and sworn to
11 taken at 4:33 p.m., and ended 11 before me on this_____ day
12 at 4:36 p.m.) 12 of ____________, ________.
13 THE VIDEOGRAPHER: We are now back on the record. 13 _______________________________
14 The time is 4:35 p.m. 14 Notary Public
15 MR. WURTZEL: I have no further questions. 15
16 MR. ROSS: I have no questions. Thank you for 16
17 your time. 17
18 MR. ISSER: I think this was a waste of Mr. 18
19 O'Neal's time. Thank you, Mr. O'Neal, Dr. O'Neal -- 19
20 (Simultaneous speaking.) 20
21 MR. ISSER: -- and thank you for saying, "hello," 21
22 to my son; I greatly appreciate that. 22
23 THE COURT REPORTER: Mr. Isser, are you ordering a 23
24 copy? 24
25 MR. ISSER: I'll get back to you on that. I have 25

8 (Pages 26 to 29)
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Page 30 Page 32
1 CONFIDENTIAL 1 CONFIDENTIAL
2 ERRATA SHEET FOR THE TRANSCRIPT OF:
2 INDEX Case Name: DANCO ENTERPRISES, LLC, ET AL V. LIVEXLIVE
3 WITNESS EXAMINATION BY PAGE 3 MEDIA, INC., ET AL.
Dep. Date: JUNE 23RD, 2020
4 SHAQUILLE O'NEAL MR. WURTZEL 10 4 Deponent: SHAQUILLE O'NEAL
5 5 CORRECTIONS:
Pg. Ln. Now Reads Should Read Reason
6 6 ___ ___ ____________ _________ _______
7 ___ ___ ____________ _________ _______
7 ___ ___ ____________ _________ _______
8 ___ ___ ____________ _________ _______
9 8 ___ ___ ____________ _________ _______
___ ___ ____________ _________ _______
10 9 ___ ___ ____________ _________ _______
11 ___ ___ ____________ _________ _______
10 ___ ___ ____________ _________ _______
12 ___ ___ ____________ _________ _______
13 11 ___ ___ ____________ _________ _______
___ ___ ____________ _________ _______
14 12 ___ ___ ____________ _________ _______
15 ___ ___ ____________ _________ _______
13
16 14
17 15 ______________________
16 SHAQUIELLE O'NEAL
18 17
19 18
19 SUBSCRIBED AND SWORN TO BEFORE ME
20 20
21 THIS___DAY OF___________, 20__
21
22 22
23 ______________________________
23
24 24 (Notary Public) MY COMMISSION EXPIRES:_________
25 25

Page 31
1 CONFIDENTIAL
2 CERTIFICATE
3 I, AMBRIA IANAZZI, a Certified
4 Stenographic Reporter, and Notary Public in and
5 for the State of New York, do hereby certify:
6 That SHAQUILLE O'NEAL whose examination is
7 hereinbefore set forth, was duly sworn,
8 remotely, via Zoom Video Communications, and
9 that such examination is a true record of the
10 testimony given by SHAQUILLE O'NEAL.
11 Prior to the deposition, I AMBRIA IANAZZI,
12 fully read, agreed to, and signed the
13 Confidentiality Order issued by the Court and
14 provided to me by the Parties in this case, to
15 the best of my knowledge.
16 I further certify that I am not related to any
17 of the parties to this action by blood or
18 marriage; and that I am in no way interested in
19 the outcome of this matter.
20
21
22
23
24
25 AMBRIA IANAZZI

9 (Pages 30 to 32)
FILED: NEW YORK COUNTY CLERK 07/16/2021 12:44 PM INDEX NO. 651538/2018
NYSCEF DOC. NO. 420 RECEIVED NYSCEF: 07/16/2021
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FILED: NEW YORK COUNTY CLERK 07/16/2021 12:44 PM INDEX NO. 651538/2018
NYSCEF DOC. NO. 420 RECEIVED NYSCEF: 07/16/2021
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FILED: NEW YORK COUNTY CLERK 07/16/2021 12:44 PM INDEX NO. 651538/2018
NYSCEF DOC. NO. 420 RECEIVED NYSCEF: 07/16/2021
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FILED: NEW YORK COUNTY CLERK 07/16/2021 12:44 PM INDEX NO. 651538/2018
NYSCEF DOC. NO. 420 RECEIVED NYSCEF: 07/16/2021
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FILED: NEW YORK COUNTY CLERK 07/16/2021 12:44 PM INDEX NO. 651538/2018
NYSCEF DOC. NO. 420 RECEIVED NYSCEF: 07/16/2021
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