Professional Documents
Culture Documents
2015-09-10 - (Gainey, Bob) Final REDACTED - Condensed
2015-09-10 - (Gainey, Bob) Final REDACTED - Condensed
2015-09-10 - (Gainey, Bob) Final REDACTED - Condensed
Page 1
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF MINNESOTA
3
4 IN RE: NATIONAL HOCKEY LEAGUE PLAYERS'
5 CONCUSSION INJURY LITIGATION
6 MDL No. 14-2551 (SRN/JSM)
7
8 CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
9
10 Videotaped deposition of ROBERT (BOB) GAINEY
11 taken before a court reporter at the offices of Skadden,
12 Arps, Slate, Meagher & Flom, 222 Bay St., Suite 1750,
13 Toronto, Ontario on 10th of September, 2015, at 9:00 a.m.
14
15 Reported by: Terry Wood, CSR (Ont.), RPR
16 Videographer: James Neeson
17
18
19
20
21
22
23
24
25
Page 2 Page 4
1 A P P E A R A N C E S: 1 INDEX OF WITNESSES
2 ATTORNEYS FOR THE PLAINTIFFS: 2 Page
3 Thomas J. Byrne, Esq. 3 WITNESS: ROBERT (BOB) GAINEY
4 NAMANNY, BYRNE & OWENS 4 ROBERT (BOB) GAINEY
5 2 South Pointe, Suite 245 5 Examination by Mr. Byrne 9
6 Lake Forest, CA 92630 6
7 Phone: 949-452-0700 7
8 E-mail: tbyrne@nbolaw.com 8
9 9
10 Michael R. Cashman, Esq. 10
11 ZELLE HOFMANN VOELBEL & MASON LLP 11
12 500 Washington Avenue South, Su te 4000 12
13 Minneapolis, MN 55415-1152 13
14 Phone: 612-339-2020 14
15 E-mail: mcashman@zelle.com 15
16 16
17 ATTORNEYS FOR THE DEFENDANT US CLUBS AND MR. GAINEY: 17
18 Christopher Schm dt, Esq. 18
19 & Jonathan Potts, Esq. 19
20 BRYAN CAVE LLP 20
21 One Metropolitan Square 21
22 211 North Broadway, Su te 3600 22
23 St. Louis, MO 63102-2750 23
24 Phone: 314-259-2616 24
25 E-mail: cjschmidt@bryancave.com 25
Page 3 Page 5
1 1 LIST OF EXHIBITS
15 15 0224702
17 17 NHL0579440 to 0579441
Page 6 Page 8
1 15 E-mail and attachment Bates labeled 177 1 --- Upon commencing at 9:05 a.m.
2 NHL0442079 to 0442081 2 THE VIDEOGRAPHER: This is the
3 16 E-mail Bates labeled NHL0026287 to 0026288 180 3 videotaped deposition of Bob Gainey taken by Thomas
4 17 E-mail Bates labeled NHL0092172 to 0092173 183 4 Byrne of the law firm Namanny, Byrne & Owens in re
5 18 E-mail Bates labeled NHL0069865 to 0069866 186 5 the National Hockey League Players' Concussion
6 19 E-mail Bates labeled NHL0026146 to 191 6 Injury litigation. Case number is 14-255 --
7 20 E-mail Bates labeled NHL0130619 to 0130620 197 7 sorry -- 14-2551 (SRN/JSM) filed in the Federal
8 21 E-mail Bates labeled NHL0029537 to 0029538 202 8 District Court in Minnesota.
9 22 E-mail Bates labeled NHL0029638 205 9 This deposition is being held at
10 23 General Notes Bates labeled NHL0232747 to 208 10 Skadden, Arps, 222 Bay Street, Suite 1750, Toronto,
11 0232761 11 Ontario, Canada, on September 10th, 2015.
12 24 Minutes June 15, 2007, Bates labeled 216 12 The court reporter today is Terry Wood,
13 NHL0513877 to 0513913 13 CSR, and I am James Neeson, CLVS, the videographer.
14 25 E-mail chain Bates labeled NHL0128996 to 224 14 We are both from the firm Benchmark Reporting in
15 0128998 15 Minneapolis, Minnesota.
16 26 E-mail Bates labeled NHL0031371 228 16 We are going on the record at 9:06 a.m.
17 27 Agenda June 2, 2009, Bates labeled NHL0215077 231 17 Counsel, may you please state your names
18 to 0215079 18 for the record.
19 28 Minutes, June 25, 2009 Bates labeled 236 19 MR. SCHMIDT: Chris Schmidt on behalf of
20 NHL0581018 to 0581037 20 Bob Gainey and the non-party U.S. clubs.
21 29 E-mail Bates labeled NHL0025789 to 0025791 250 21 MR. POTTS: Jonathan Potts of behalf of
22 30 Package of articles Bates labeled NHL0141929 255 22 Bob Gainey and the non-party U.S. clubs.
23 to 0141980 23 MR. LUPION: Adam Lupion from the law
24 31 "Systemat c Analysis of NHL Concussions" 258 24 firm Proskauer Rose on behalf of the National Hockey
25 Bates labeled NHL0027430 to 0027477 25 League.
Page 7 Page 9
1 32 E-mail Bates labeled NHL0254638 to 0254640 262 1 MR. BYRNE: Thomas J. Byrne, Namanny,
2 33 Interview Bates labeled NHL0141146 to 0141151 266 2 Byrne & Owens, for the plaintiffs.
3 34 E-mail Bates labeled NHL0053025 to 0053027 271 3 MR. CASHMAN: Michael R. Cashman from
4 35 E-mail Bates labeled NHL0033467 to 0033468 274 4 the Zelle Hofmann firm in Minneapolis, Minnesota,
5 36 "Concuss ons in the Nat onal Hockey League," 275 5 for the plaintiffs.
6 Bates labeled NHL0115694 to 0115720 6 THE VIDEOGRAPHER: Will the reporter
7 37 E-mail Bates labeled NHL0094230 to 0094232 278 7 please affirm the witness.
8 8 ROBERT (BOB) GAINEY, AFFIRMED:
9 9 EXAMINATION BY MR. BYRNE:
10 10 Q. Mr. Gainey, please state your full
11 11 name for the record.
12 12 A. Robert Michael Gainey.
13 13 Q. Mr. Gainey, I got your permission
14 14 to call you "Bob" throughout the day?
15 15 A. Yes.
16 16 Q. Did you have the opportunity to
17 17 discuss the deposition proceedings with your
18 18 attorneys prior to today?
19 19 A. Yes.
20 20 Q. And did you speak with Mr. Schmidt?
21 21 A. I did.
22 22 Q. Mr. Potts?
23 23 A. Yes.
24 24 Q. And Mr. Lupion?
25 25 A. No.
Page 10 Page 12
1 Q. Any other attorneys besides 1 career for the Canadiens?
Page 11 Page 13
1 prior to the deposition today other than the 94 1 testimony today?
2 exhibits that we provided to Mr. Schmidt? 2 A. No.
3 A. I reviewed certain materials. 3 Q. Is there any reason that you feel
4 Whether they were part of the 94 or not, I'm not 4 that you cannot give your best testimony today?
5 certain. 5 A. No.
6 Q. Did you review any other deposition 6 Q. Okay. During that pre-season
7 transcripts from any other deponent in this case? 7 physical at the start of your career, do you recall
8 A. No. 8 being examined by an orthopaedist?
9 Q. Okay. If you need to take a break, 9 A. No.
10 just let me know. It's not an endurance test to sit 10 Q. Do you recall being examined by a
11 here and put you -- sitting for hours, so if you 11 neurologist?
12 need to use the restroom or you need to get up and 12 A. No.
13 stretch, please let us know; we can take a brief 13 Q. Do you recall if anyone took blood
14 recess. 14 from you and sent it to a lab or have an internist
15 A. Okay. Thank you. 15 review any blood workup?
16 Q. Do you have any questions before we 16 MR. SCHMIDT: I just want to put an
17 start? 17 objection on the record.
18 A. I think I am as clear as I can be. 18 To the extent you are asking him to
19 Q. Very good. 19 disclose any private health information about tests
20 You were drafted in the NHL in 1973? 20 or analyses, you know, let some general -- sort of
21 A. Yes. 21 general questions continue as to foundation, but I
22 Q. And that was by the Montreal 22 would remind the witness that this witness is not
23 Canadiens? 23 waiving his medical rights and his medical
24 A. Yes. 24 privileges here in the deposition and so not to
25 Q. And you've played your entire 25 disclose anything a doctor told you or any private
Page 14 Page 16
1 medical information in your possession, but as to 1 examine you the same way they did at the start of
3 MR. LUPION: And I think this is also a 3 A. I understand your question and the
4 good time to note that if one party objects, that it 4 term, because I know it's common -- it was common in
5 will be deemed to apply to both the club and the 5 the other parts of my working career in the NHL, but
7 MR. BYRNE: Why don't we just continue 7 whether it was in place in the late '80s.
8 with our agreement, fellows, that any objection will 8 Q. Okay. So we pretty much covered,
9 be to the PTO, objection to form. 9 then, what would happen to you in terms of
10 MR. SCHMIDT: Sure. 10 examinat ons throughout your career in the early
11 MR. LUPION: Sure. 11 '70s, '73 through '89; would that be accurate?
12 MR. BYRNE: And one person, like you 12 A. Yes.
13 said, can object, and that will be on the record for 13 Q. For pre-season, end of season?
14 everybody. 14 A. Uhm-hmm.
15 MR. SCHMIDT: That would be great. 15 Q. Is that a yes?
16 BY MR. BYRNE: 16 A. Yes.
17 Q. And just to clarify, my question 17 Q. Okay. While you were playing w th
18 was only if he had drug -- 18 the Canadiens -- and I'm going to talk about your
19 MR. LUPION: And before you proceed, I 19 entire career -- did you ever get h t in the head?
20 think we're going to -- and this is a good 20 A. Yes.
21 opportunity to note that we are going to designate 21 Q. Would t be fair to say you got hit
22 the entirety of the transcript as confidential, as 22 in the head at some point in each game?
23 we have done in prior depositions, and then work to 23 A. No.
24 de-designate those portions that are not subject 24 Q. There was games you believe that
25 to -- 25 you played where you didn't have a hit to the head?
Page 15 Page 17
1 MR. BYRNE: We are not going to agree to 1 A. Yes.
2 that, but we can fight about that later. 2 Q. Your head wouldn't have hit the
3 MR. SCHMIDT: Okay. 3 board, the ice, another player?
4 MR. BYRNE: Okay? 4 A. Yes.
5 MR. SCHMIDT: Fair enough. 5 Q. Okay. Would that be common or
6 BY MR. BYRNE: 6 uncommon?
7 Q. So my question, Bob, was do you 7 A. It would be -- it would be common,
8 recall if anybody took blood from you and did a 8 I would say. It would be -- it wasn't -- it wasn't
9 blood workup? 9 common that I would leave the game -- leave a game
10 MR. SCHMIDT: As part of the pre-season 10 and -- having had my head hit. That would not be
11 physical? 11 common.
12 THE DEPONENT: I do not. 12 Q. Okay. So if you were -- had
13 BY MR. BYRNE: 13 played -- you played forward, correct?
14 Q. Okay. And each year that you 14 A. Yes.
15 played with the Canadiens, did you go through with 15 Q. So if you were in the corners of
16 a -- a pre -- an annual pre-season physical, as we 16 the board going for a puck and the player, you know,
17 just described? 17 slammed up behind you, your head would hit the
18 A. Yes. 18 board, would that -- would you count that as a head
19 Q. And did you go through an exit 19 hit in terms of my question?
20 physical? 20 A. If that happened, yes.
21 A. I -- perhaps later, near the end of 21
22 my playing career, perhaps. 22
23 Q. When I say "exit physical," just so 23
24 it's clear, I mean at the end of the season, would 24
25 you meet with the trainer or a doctor and they would 25
Page 18 Page 20
1 1 THE DEPONENT: I think each case was
2 2 individual and that I can answer in my own
3 3 circumstances, which I -- I have, that when you felt
4 4 clear and capable of carrying out your
5 5 responsibilities or duties well and safely, then you
6 6 were returned to play.
7 7 BY MR. BYRNE:
8 8 Q. Were you ever given smelling salts?
9 9 A. I was never given them, but that
10 10 was something that was around all the time and used,
11 Q. And d d you continue to play after 11 not only sometimes just to wake you up before the
12 you came off your shift with those feelings? 12 game. So smelling salts were around, but I don't
13 A. I would continue to play when I 13 recall someone having to give me smelling salts to
14 felt like I was clear and comfortable in my 14 revive me or bring me back to -- to consciousness
15 surroundings. 15 or ...
16 Q. Would you ever tell anybody how you 16 Q. Were you ever given smelling salts
17 felt, on the bench? 17 just to clear the cobwebs, if you understand my
18 A. Yes, I think it was common to -- 18 question?
19 for the team trainers to be watching the game, 19 A. Yeah. No, it was -- my
20 picking up information, and anybody who would suffer 20 recollection of the -- the smelling salts, the
21 or have -- make any kind of body language, a puck 21 little tabs that used to be popped open, ammonia, I
22 hitting them in the foot, something banged against 22 think, they were there maybe for different reasons,
23 their head, that the normal protocol was that they 23 but my purpose was it was almost like taking a spicy
24 would be checked on when they came back to the 24 piece of candy or something that would shock your
25 players' bench. 25 senses a little bit.
Page 19 Page 21
1 Q. What would they do? 1 Q. While you were playing with the
2 A. They would ask you what happened, 2 Canadiens -- and, again, we're only talking about
3 where is it, how does it feel, just go through a 3 your career from '73 to the end of the -- to the '89
4 list of questions to determine if you were okay. 4 season -- were you aware of any NHL rules or
5 5 policies governing return to play if a player was
6 6 injured?
7 7 A. No, I'm not.
8 8 Q. Okay. So in those seventeen -- was
9 9 it seventeen years, Bob, your career?
10 10 A. I believe it's sixteen.
11 Q. While you were playing w th the 11 Q. Sixteen years. You never were told
12 Canadiens and you were on the bench, observe some of 12 or aware of an NHL policy on return to play for any
13 your teammates, do you know if any of your 13 type of injury?
14 teammates, without naming their names, were on the 14 MR. LUPION: Object to the form of the
15 bench and were diagnosed with a concussion? 15 question.
16 A. I do not recall. 16 THE DEPONENT: I am -- I'm not aware of
17 Q. It is possible, or you just -- 17 any policy.
18 A. I really -- I don't recall an 18 BY MR. BYRNE:
19 instance when a -- when a player was diagnosed with 19 Q. Okay. Would somebody with the
20 a concussion. 20 Canadiens or the NHL talk to you before the season
21 Q. Okay. In the era that you played, 21 start about injuries at all?
22 Bob, from '73 to '88, '89, was it common for players 22 A. No.
23 to play when they got their bell rung or dinged? 23 Q. All right. Were you aware of any
24 MR. LUPION: Object to form. 24 players who ever -- without -- again, without naming
25 MR. SCHMIDT: Object to form. 25 names, just players who complained about return to
Page 22 Page 24
1 play if they felt that they weren't able to but they 1 feel? Do you think you're capable of playing? And
2 were told to get back in or do a shift? Did you 2 then there would be an agreement that -- that you
3 ever encounter that during your career with the 3 were ready and fit to play and would be returned to
4 Canadiens? 4 active -- on an active roster.
5 MR. SCHMIDT: Object to form. 5 Q. Okay. Now, you played in -- I hope
6 THE DEPONENT: Not to my recollection. 6 I have this figure correct -- about 1160 games, so
7 BY MR. BYRNE: 7 you played in a lot of NHL games; is that correct?
8 Q. Were you aware of any NHL policies 8 A. Correct.
9 or procedures to ensure that players who had 9 Q. And in that time that you played,
10 suffered hits to the head received an evaluation 10 you had twelve fights; is that accurate?
11 prior to returning to play? 11 A. Twelve is an estimate that I made,
12 A. I'm not aware. 12 yes.
13 13 Q. Okay. Now, what would happen in
14 14 these fights that you had, these twelve fights? Can
15 15 you just briefly describe how the fight -- one of
16 16 the fights occurred. Just give me an example.
17 17 MR. SCHMIDT: Object to form.
18 18 MR. LUPION: Object --
19 19 THE DEPONENT: Well, fights, in my
20 20 recollection, happened, at least from my -- from my
21 21 pos tion in the -- in the two people, in a more
22 22 spontaneous way: That there may have been
23 23 collisions w th a certain player or multiple
24 24 collisions, and t was not uncommon that you would
25 25 play regularly against the same player throughout
Page 23 Page 25
1 1 the game, and as you -- you competed for space and
2 2 time, at some point, these did break out into
3 3 fisticuffs or a fight.
4 4 BY MR. BYRNE:
5 Q. Did you ever miss a game due to a 5 Q. And when you were involved in the
6 concuss on or a head injury? 6 fight, what was your intent?
7 A. No. 7 MR. SCHMIDT: Object to form.
8 Q. Okay. When you did miss games, was 8 THE DEPONENT: Normally, my intent was
9 there a protocol in place where you would be seen by 9 to protect myself, because with twelve fights in
10 a team trainer or doctor pr or to being released to 10 1200 games, you're not -- you're not very adequate
11 play? 11 at -- at that act, and so, really, from my
12 A. Yes. 12 recollect on, t would be simply to protect myself,
13 Q. And what d d that entail? 13 not embarrass myself, and get out the other side.
14 A. Well, "protocol," if it's the right 14 BY MR. BYRNE:
15 word, but there was a -- a format of going through 15 Q. Would you throw punches?
16 the injury, having a recovery time, approximate 16 A. If possible, yes.
17 recovery time, placed on it, physiotherapy 17 Q. Did you throw punches?
18 recommended, training put in place, and as that 18 A. Yes.
19 timeline diminished or evaporated and the return to 19 Q. And where did you aim your punches?
20 play date -- the potential return to play date 20 A. Usually for the -- the head or face
21 became closer, then there would be discussions with 21 of the opponent.
22 the doctor, with the trainer about how you feel and 22 Q. And why would you aim punches to
23 how your training was. If you were back on the ice 23 the head or face?
24 skating to that sort of critical point at the end 24 A. Well, it was the most vulnerable
25 when it looks like everything is okay: How do you 25 area, and when I -- it was the most vulnerable area,
Page 26 Page 28
1 the most unprotected area, and ... 1 neurodegenerative injury?
2 Q. And d d you throw the punch as hard 2 MR. SCHMIDT: Object to form.
3 as you can with all the force you could? 3 MR. LUPION: Object to form.
4 MR. LUPION: Objection. 4 MR. BYRNE: Stereo.
5 THE DEPONENT: I would -- I would 5 THE DEPONENT: I was never -- I was
6 estimate that when you're in a fight and you're 6 never informed and -- that hits to the head were
7 enraged and your emotions have tipped over, and that 7 part of -- part of playing in a robust sport, and I
8 whatever I did, I did with my full force. 8 think having scratches, bruises around your face,
9 BY MR. BYRNE: 9 and it was a common part of participating in -- in
10 Q. Okay. Would t be your intent to 10 ice hockey, whether in the NHL or previously.
11 hit the other player as hard as you could in hopes 11 BY MR. BYRNE:
12 to knock him down? 12 Q. My question isn't geared towards
13 A. Well, I don't think it was a -- 13 scratches or bruises, but I appreciate that being
14 there was a conscious assessment of what I should or 14 included in your response. My question is more
15 shouldn't do; it was simply a combination of 15 towards hit to the head through someone being --
16 aggression and protection until someone could get 16 punching you as hard as they can in the face or you
17 there and get me out of that situation. 17 being hit in the boards where you hit your head
18 Q. Do you recall in any of the fights 18 against the glass or ice, or another player hits you
19 you were in, Bob, where you had knocked another 19 with a head shot. That was more the -- I was
20 player unconscious? 20 interested in the answers to that. Nobody told you
21 A. No. 21 sustaining that type of trauma could lead to
22 Q. Do you recall being in a fight, 22 long-term neurodegenerative disease?
23 Bob, where you knocked another player and he fell to 23 MR. SCHMIDT: Object to form. There was
24 the ce? 24 a long statement by counsel and then a question I
25 A. No. 25 think embedded at the end. If you understood the
Page 27 Page 29
1 Q. Okay. We talked a little bit about 1 quest on, you can answer. I'd also object as asked
2 our strength -- let me go back to the fighting. 2 and answered.
3 Bob, were you -- did you take hits to the face in 3 THE DEPONENT: I have no knowledge of
4 the fights? 4 long-term -- whatever the terminology was in your
5 A. Probably, yes. 5 quest on.
6 Q. And you took hits to the head as 6 BY MR. BYRNE:
7 well? 7 Q. Bob, in your opin on, would you
8 A. Probably, yeah. 8 consider t a broken promise to you as a player if
9 Q. And some of these fights occurred 9 you were not informed of that possible consequence
10 before you wore a helmet? 10 to head trauma?
11 A. Yes. 11 MR. LUPION: Object to the form.
12 Q. And did some of these fights take 12 THE DEPONENT: No, I would not.
13 place after you put on a helmet? 13 BY MR. BYRNE:
14 A. Yes. 14 Q. Why is that?
15 Q. Okay. Bob, did anybody ever hit 15 A. The -- I think the obligation of
16 you hard enough where you were dazed in one of your 16 the people that I worked for was to -- was to warn
17 fights? 17 me about things they knew about, not about things
18 A. No. 18 they didn't know about or things that might happen.
19 Q. Did anybody hit you hard enough 19 Q. How do you know they d dn't know
20 where you were knocked to the ground? 20 about it?
21 A. No. 21 MR. LUPION: Object on.
22 Q. Did anybody with the NHL ever 22 THE DEPONENT: Well, I was warned about
23 told (sic) you that being involved in fights and 23 things that -- and given tools of how to protect
24 getting hit in the head or the face or just taking 24 myself and be safe, whether it was equipment or
25 head shots in general could lead towards long-term 25 style of play or recognition of situat ons on the
Page 30 Page 32
1 ice, and I felt comfortable that I was being given 1 Again, without having to answer what disease, just
2 the information that I needed. 2 have you ever been diagnosed?
3 BY MR. BYRNE: 3 A. I prefer not to answer that
4 Q. What warnings -- you just gave an 4 question.
5 answer that you were given some warnings. What 5 Q. Okay. Have you ever undergone any
6 warnings were you given? 6 testing for any long-term neurodegenerative disease?
7 A. Well, as an example, as a young 7 MR. SCHMIDT: Same objection. If -- if
8 player, I have a clear memory of being given 8 you -- I would instruct the witness not to answer
9 instruction along the -- along the boards or, at 9 questions about his personal medical treatment that
10 that time, along the mesh, to protect yourself by 10 he may have received, including any diagnostic
11 putting an arm up between you and to brace and to 11 testing. This is something that he is not willing
12 protect yourself from contact along the boards. 12 to talk to.
13 Q. And was that contact to a specific 13 BY MR. BYRNE:
14 body part or just in general? 14 Q. All right. Bob, were you ever
15 A. Just in general. 15 offered through the league any testing for long-term
16 Q. Nobody gave you any instructions to 16 neurodegenerative injury?
17 protect the head? 17 A. No.
18 A. It was a general warning that you 18 Q. Did you ever undergo any baseline
19 needed to be aware on the ice, you needed to protect 19 testing for concussion?
20 yourself, and it was your body, your entire body. 20 A. No.
21 We didn't discuss one piece of the body at a time. 21 MR. LUPION: Object to the form.
22 We talked about the entire person. 22 BY MR. BYRNE:
23 Q. So my question was specifically the 23 Q. Are you aware of any of the NFL
24 head, so your answer would be no? 24 concussion stories or settlement?
25 A. My answer -- 25 MR. LUPION: Object to the form of the
Page 31 Page 33
1 MR. SCHMIDT: Object to form. Asked and 1 question. Stories?
2 answered. 2 BY MR. BYRNE:
3 THE DEPONENT: I think my answer would 3 Q. Were you aware of the NFL
4 be, yes, that the head was included in the 4 litigation with regards to concussions?
5 instructions that I was given. 5 A. Yes.
6 BY MR. BYRNE: 6 Q. What were you aware about?
7 Q. Okay. During your time in the NHL 7 A. I was aware that there was a
8 as a player -- and these questions are only towards 8 litigation between the league and players and that
9 your time with the Canadiens as a player, Bob -- 9 there was a settlement.
10 shots or hits to the head were considered legal by 10
11 the league at that time; is that correct? 11
12 MR. LUPION: Object to the form. 12
13 THE DEPONENT: Intentional hits to the 13
14 head were never legal, in my recollection. 14 Q. Are you aware of the NFL Segal
15 BY MR. BYRNE: 15 Group conclusion that one in three players will
16 Q. Okay. You have a son who played in 16 suffer long-term neurodegenerative injury?
17 the league, correct? 17 A. No, I'm not.
18 A. Yes. 18 Q. Do you have any reason to think
19 Q. And did you ever discuss head 19 that you, as a former NHL player, would be exempt
20 injuries with Steve? 20 from that risk?
21 A. Not specifically. 21 MR. SCHMIDT: Object to form.
22 Q. And he played on one of your clubs? 22 THE DEPONENT: I'm not aware of it, so I
23 A. He did. 23 don't really understand how I could judge myself
24 Q. Bob, have you ever been diagnosed 24 inside of it.
25 with any long-term neurodegenerative disease? 25
Page 34 Page 36
1 BY MR. BYRNE: 1 disease?
2 Q. Okay. So you undertook the risk of 2 MR. LUPION: Object to the form.
3 concussions when you played, Bob? 3 THE DEPONENT: I have no understanding
4 MR. LUPION: Object to the form of the 4 of concussions and what -- what they could or -- I'm
5 question. 5 unaware of long-term attachment to bumps to the
6 THE DEPONENT: In my workplace, there 6 head, concussions, and long-term injury.
7 were risks, and I willingly and -- accepted the 7 BY MR. BYRNE:
8 risks that were -- that were there and feel that -- 8 Q. Is today the first day you heard of
9 feel comfortable that I did. 9 those?
10 BY MR. BYRNE: 10 MR. SCHMIDT: Object to form.
11 Q. So you knew concussions were a 11 MR. LUPION: Object to the form.
12 risk? 12 THE DEPONENT: Today is not the first
13 A. No, I did not know concussions were 13 day I've heard of those.
14 a risk. 14 BY MR. BYRNE:
15 Q. Did you know that concussions could 15 Q. When was the first day, the best of
16 lead to long-term neurodegenerative injury while you 16 your recollection, that you heard that?
17 played? 17 MR. SCHMIDT: Object to form.
18 MR. SCHMIDT: Objection -- object to 18 THE DEPONENT: My best recollection is
19 form. 19 that it became -- I became aware of it during my
20 THE DEPONENT: I do not know about the 20 preparation for our deposition today.
21 terminology that you used. 21 BY MR. BYRNE:
22 BY MR. BYRNE: 22 Q. So all the time that you had your
23 Q. Have you ever heard the term 23 career in the NHL, from 1973 through -- bear with me
24 "chronic traumatic encephalopathy" or "CTE"? 24 if I have the dates wrong. Are you still presently
25 A. I'm unaware of that. 25 a consultant in 2014?
Page 35 Page 37
1 Q. Have you ever heard that term? 1 A. I am not.
2 A. I have not. 2 Q. Through your end of your consulting
3 Q. Is today the first day that you 3 career, 2012?
4 ever heard that word? 4 A. '14, '15.
5 A. Possibly, other than in our 5 Q. Okay. So up until -- through that
6 preparation here today, but what does it mean? I 6 entire time, you never heard these words that we
7 don't know what it means. 7 just spoke about or these conditions?
8 Q. I didn't ask you what it meant, 8 MR. SCHMIDT: Object to form.
9 Bob, I just asked you if you ever heard that word 9 THE DEPONENT: Well, the specific words
10 before. 10 you use are not familiar to me. The concept that
11 A. Okay. 11 has been put forth that concussions can lead to
12 Q. So your answer is the same, you 12 long-term injury, I've heard of that, but I don't
13 never heard that word until I just asked you it? 13 know that it -- I don't know what it is. I don't
14 A. That's how I recognize it, yeah. 14 know whether --
15 Q. I don't think I understand your 15 BY MR. BYRNE:
16 answer. I think my question is just for a "yes" or 16 Q. My question is just not of your
17 "no." 17 understanding of it, Bob, it's just when you first
18 Bob, is today the first day that you 18 heard it.
19 ever heard the word "chronic traumatic 19 A. When I first --
20 encephalopathy" or "CTE"? 20 MR. SCHMIDT: Object to form.
21 MR. SCHMIDT: Object to form. 21 THE DEPONENT: I don't recall when I
22 THE DEPONENT: I think it is. 22 first heard.
23 BY MR. BYRNE: 23 BY MR. BYRNE:
24 Q. Were you ever given any warnings 24 Q. And, now, when I asked that
25 that concussions could possibly lead to Alzheimer 25 question earlier, you said the first time was in --
Page 38 Page 40
1 was in possibly your prep or the first time you 1 THE DEPONENT: I have no desire to be
2 heard my question. Is that still accurate? 2 tested for ...
3 MR. SCHMIDT: Object to form. I'm just 3 BY MR. BYRNE:
4 confused by the line of questioning, subject to -- 4 Q. Do you believe that the NHL should
5 THE DEPONENT: Well, I've lost track of 5 pay for any of that testing if a player wanted to
6 where we started and where we're going. So 6 go -- undertake that to see if he had that
7 understanding that there's a concept and hearing 7 condition?
8 specific words sometimes used as -- when they break 8 A. That's --
9 them down into just the letters, the -- are -- you 9 MR. LUPION: Object to the form.
10 know, it's not something that -- if someone asked me 10 THE DEPONENT: That's out of my area of
11 what is this, I would not be able to respond. 11 expertise, whether -- personally, if you want to ask
12 BY MR. BYRNE: 12 me -- do you want to ask me the question personally?
13 Q. Okay. I just want to make sure 13 BY MR. BYRNE:
14 that we're clear. My question was to CTE 14 Q. My questions are all towards -- to
15 originally, and you'd never heard of that word until 15 you, your opinion.
16 I used it today; is that accurate? 16 A. Than isn't the way it was phrased.
17 MR. LUPION: Object to the form; asked 17 Q. Strike that. Let me rephrase it.
18 and answered. 18 In your opinion, would you -- do you
19 THE DEPONENT: Yeah, I believe I 19 believe that the NHL should provide testing for
20 answered that. 20 players who believe they may have sustained
21 BY MR. BYRNE: 21 long-term neurodegenerative injury?
22 Q. Is that accurate? 22 MR. SCHMIDT: Object to form.
23 MR. SCHMIDT: Object to form; asked and 23 THE DEPONENT: For me?
24 answered. You can answer again. 24 BY MR. BYRNE:
25 THE DEPONENT: The -- the description 25 Q. Yes.
Page 39 Page 41
1 you used, the three words together, today is the 1 A. I don't feel that the NHL has an
2 first time I recognize those words. 2 obligation to -- to me to pay for testing on
3 BY MR. BYRNE: 3 something that I don't know what it is.
4 Q. And the three letter is the first 4 Q. Okay. Would your answer possibly
5 time as well, CTE? 5 change if you did have an understanding of what it
6 A. That is something that I've heard, 6 is?
7 but I never dug into it to understand it. 7 A. I think I can answer in the
8 Q. I just want to know was the first 8 present, which I have already done.
9 time, the best of your recollection, that you heard 9 Q. Okay. Bob, when you were playing,
10 "CTE." 10 did the players depend upon the NHL for information
11 A. I don't recall. 11 for risks such as long-term neurodegenerative
12 Q. Was it more than a year ago? 12 injury?
13 A. I don't recall. 13 MR. LUPION: Object to the form.
14 Q. Bob, when you were playing, would 14 THE DEPONENT: No, they did not.
15 you have wanted to know all the risks that you could 15 BY MR. BYRNE:
16 encounter with head hits? 16
17 MR. LUPION: Object to the form. 17
18 MR. SCHMIDT: Join. 18
19 THE DEPONENT: I was very comfortable 19
20 accepting the risks that were attached to my working 20
21 career. 21
22 BY MR. BYRNE: 22
23 Q. Would you like to be tested for any 23
24 long-term neurodegenerative injury? 24
25 MR. LUPION: Object to the form. 25
Page 42 Page 44
1 1 inform me that I was healed, that I was strong
2 2 enough, that there was no risk of aggravation or
3 3 extending an injury, then I was ready to play.
4 4 Q. And you always went through that
5 5 procedure?
6 6 A. Yes.
7 7
8 8
9 9
10 10
11 11
12 BY MR. BYRNE: 12
13 Q. Do you believe there was a culture 13
14 that NHL players needed to be on the ice and not in 14
15 the training room? 15
16 MR. LUPION: Object to the form. Is 16
17 there a time frame? 17
18 BY MR. BYRNE: 18
19 Q. It was all during the time he 19
20 played. 20
21 A. Well, my recollection is that when 21
22 you were injured, you were injured, and you 22
23 recovered until you were healthy and capable of 23
24 returning to play, and at that point, with 24
25 consultation of the medical staff, the trainer, the 25
Page 43 Page 45
1 doctor, a decision would be made that you were ready 1
2 to return to play. 2
3 Q. Did you always adhere to that? 3
4 A. Adhere to ... 4
5 Q. What you just said, the 5
6 consultation w th the trainers and you'd make this 6 BY MR. BYRNE:
7 decision about return to play? 7 Q. So if a story was out that you
8 A. I had confidence in our training 8 didn't disclose that and didn't have a medical
9 staff. 9 consultation and that would not be accurate?
10 Q. But did you always adhere to that, 10 MR. SCHMIDT: Object to form.
11 you? 11 THE DEPONENT: That would not be
12 MR. SCHMIDT: Object to the form. Asked 12 accurate.
13 and answered. 13 BY MR. BYRNE:
14 MR. LUPION: Object to form. What do 14 Q. You recall the game I'm talking
15 you mean by "adhere?" 15 about, correct?
16 BY MR. BYRNE: 16 MR. LUPION: Object to the form.
17 Q. Did he always follow that -- what 17 MR. SCHMIDT: Object to the form. What
18 he -- that -- that answer he just provided, that you 18 game are you talking about?
19 would be in consultation, that you would have 19 BY MR. BYRNE:
20 discussions with the trainer, and the doctors would 20
21 feel best for you to get back on the ice? 21
22 A. Yeah. Part of the consultation was 22
23 with me, and I had a participation in the 23
24 consultation, and when I felt strong enough, capable 24
25 enough, and the doctors or training staff would 25
Page 46 Page 48
1 1 They got their bell rung, but they were expected to
2 2 be out on the ice. Is that a statement you would
3 3 agree with?
4 4 MR. SCHMIDT: Object to form.
5 5 THE DEPONENT: My experience is that I
6 6 was expected to be out on the ice when I was capable
7 7 and ready from whatever kind of injury or setback I
8 8 was working through.
9 9 BY MR. BYRNE:
10 10 Q. Do you stay in touch with some of
11 11 your former teammates?
12 Q. Okay. Did you observe any of your 12 A. Yes.
13 other teammates sustaining head trauma? 13 Q. Do you know of any of them, without
14 MR. LUPION: Object to the form. 14 mentioning their names, but do you know of any of
15 THE DEPONENT: Yes. 15 them who were suffering from the effects of a
16 BY MR. BYRNE: 16 concussion?
17 Q. Did you observe any modality of 17 A. I do not.
18 treatment with those teammates that sustained head 18 Q. Do you know any retired players
19 trauma? 19 that weren't your teammates who are suffering the
20 A. Can you just clarify the one term: 20 effects of concussions?
21 "modality." 21 A. Yes.
22 Q. What type of treatment did they 22 Q. Okay. And what do they tell you is
23 receive? Were they give -- were they taken off the 23 their symptoms?
24 ice and given smelling salts, were they -- fingers 24 MR. SCHMIDT: Object to form.
25 held up, one -- how many do you see, one, two, 25 THE DEPONENT: The players that I have
Page 47 Page 49
1 three, what city are you in? Did you observe any of 1 in mind are not players that I am in communication
2 that? 2 w th but players that I know who have not returned
3 A. Yes, I probably saw that. I 3 to play with concussions being the reason why
4 probably saw players being -- being assessed in the 4 they've ended their career.
5 way you've just described. 5 BY MR. BYRNE:
6 Q. You talked with your teammates, 6 Q. Were these -- these players you're
7 correct? You had conversations with your teammates? 7 aware of, is this something that you read in the
8 A. Oh, yes. 8 paper about or something that you would have more
9 Q. Did you have conversation with your 9 personal knowledge due to a relationship?
10 teammates about injuries and how you were feeling? 10 A. Not a relationship, but I think a
11 A. Probably. 11 little closer than in the papers, such as when you
12 Q. Do you recall any of your teammates 12 are working in the NHL, this kind of information
13 ever telling you that -- that they were playing 13 is -- is part of your day-to-day work life.
14 through with a concussion? 14 Q. To the best of your knowledge, what
15 A. I do not. 15 type of problems are these people suffering w th?
16 Q. Okay. Do you recall ever seeing 16 A. I don't have specific knowledge of
17 one of your teammates knocked out? 17 what their -- their ongoing problems are, but the
18 A. I do not. 18 fact that they are not safe to return to play is
19 Q. While you were playing, did you 19 what is most prominent in my understanding of their
20 ever have any discussion with any player with 20 difficulties.
21 regards to concussions? 21 Q. Do you know who Mark Napier is?
22 A. Not to my recollection. 22 A. Yes.
23 Q. Okay. Some statements have been 23 Q. Who is he?
24 made by retired players that, during the era in the 24 A. Mark Napier is a former pro hockey
25 '70s and '80s, that people just played through them. 25 player.
Page 50 Page 52
1 Q. And does he currently have a role 1 A. Yes.
2 or a position, that you are aware of? 2 Q. And do you recall what team you
3 A. I am unaware if he's still involved 3 were employed with?
4 with an alumni association or not. 4 A. With -- with Dallas.
5 Q. Do you ever receive e-mails from 5 Q. The Dallas Stars, Bob?
6 him? 6 A. Dallas Stars, yes.
7 A. No. 7 Q. And what exactly was your job title
8 Q. Did you ever receive any form of 8 when you first heard of these tests?
9 communication from him? 9 A. I was the manager.
10 A. I have had some communication from 10 Q. The general manager?
11 him. 11 A. General manager.
12 Q. Have any of those communications 12 Q. What were your job duties as a
13 pertained to concussions? 13 general manager, Bob?
14 A. No, they haven't. 14 A. My job duties as a general manager
15 Q. Or head injuries? 15 was to operate the hockey department for the
16 A. No. 16 organization.
17 Q. Do you know Wendy McCreary? 17 Q. What does that mean?
18 A. No, I don't. 18 A. Well, to -- to organize the
19 Q. Okay. Have you ever received any 19 players, recruit, prepare, organize coaching staffs,
20 emails from a person named Wendy McCreary? 20 recruitment staffs, support staffs, trainers,
21 A. I have not. 21 equipment trainers, medical staff, plan scheduling,
22 22 plan -- anything that would have to do with carrying
23 23 out the hockey players becoming a team and carrying
24 24 out the season.
25 25 Q. So you would be in charge of
Page 51 Page 53
1 1 medical staff and medical issues, Bob?
2 2 A. Yes.
3 3 Q. And did the NHL ever have
4 4 communication with you as a general manager
5 5 regarding medical staff and medical training?
6 6 MR. LUPION: Object to the form.
7 7 THE DEPONENT: Not that I'm aware of.
8 8 BY MR. BYRNE:
9 Q. Have you ever heard these terms 9 Q. So you don't recall ever receiving
10 before? 10 any communication from the NHL with regards to
11 A. The -- the last one that you 11 training your medical staff in treating -- or just
12 mentioned, SCAT, is a familiar term. 12 in -- with regards to training your medical staff
13 Q. Okay. And when did you first hear 13 as --
14 about the SCAT term? 14 MR. SCHMIDT: Object to form.
15 A. I don't recall specifically, but at 15 THE DEPONENT: No, I don't recall
16 some point, when baseline testing and some of the 16 getting any direction from the NHL on that.
17 other forms of protocol came in and I was working in 17 BY MR. BYRNE:
18 a management job, these terms started to show up in 18 Q. Do you recall getting any direction
19 information. 19 from the NHL on how to treat concussions?
20 Q. What is your understanding of those 20 MR. SCHMIDT: Object to form.
21 tests? 21 THE DEPONENT: I don't recall getting
22 A. I really have no understanding of 22 any specific information on how to treat
23 the test specifically. 23 concussions.
24 Q. Okay. But you first heard about 24 BY MR. BYRNE:
25 these terms in a management role? 25 Q. Do you recall receiving any
Page 54 Page 56
1 information from the NHL with regards to concussion 1 help them knock down any obstacles.
2 protocol? 2 Q. To the best of your knowledge, Bob,
3 A. Yes. 3 was every single player that went to training camp
4 Q. What information did you receive? 4 given that baseline test?
5 MR. LUPION: Object to the form. Again, 5 A. I'm not sure if it was every single
6 when? 6 player who went to training or if it was the players
7 BY MR. BYRNE: 7 on your NHL roster, but I would think if it was set
8 Q. Bob, do you understand that means 8 up, then it would be every player who was at
9 during your capacity as a general manager? We are 9 training camp.
10 talking about when you received communication from 10 Q. Do you have a specific knowledge
11 the NHL with regards to the treatment of 11 that that was complete -- that was done thoroughly
12 concussions. 12 and that each player underwent the test?
13 MR. LUPION: Not treatment. 13 A. I have confidence that it was done,
14 THE DEPONENT: Not the treatment of a 14 yes.
15 concussion. 15 Q. My question is do you have
16 BY MR. BYRNE: 16 knowledge that it was done, not confidence.
17 Q. Strike that. 17 A. Yeah, I have knowledge that it was
18 The protocols for concussion management. 18 done.
19 A. Well, one specific recall I have is 19 Q. Okay. And the reason being players
20 that there was -- there was a -- a testing program 20 who are in training camp sustain trauma, they
21 put in pre-season so that the players would be 21 sustained hits, correct?
22 tested before the season began. 22 MR. SCHMIDT: Object to form.
23 Q. And do you recall when that went 23 THE DEPONENT: I think the purpose of
24 into place, Bob? 24 that was to -- to get a baseline on everyone to have
25 A. I don't recall specifically, but 25 more information on each player so that, should an
Page 55 Page 57
1 sometime between '95 and 2000. 1 injury occur, then there's a starting point.
2 Q. And what did you have to do to 2 BY MR. BYRNE:
3 comply with that directive? 3 Q. Now, what did you do with those
4 A. Well, along with our medical staff, 4 tests once that they -- once they were completed?
5 we had to put in place the -- the recommended 5 What did you do with the baseline test results?
6 recommendations to have the players tested so that 6 MR. LUPION: Object to the form.
7 they would have a baseline of criteria before the 7 THE DEPONENT: We didn't do anything
8 season began and that it would be done every year, 8 with them. They were part of our medical
9 and those -- that information was then used to judge 9 information on each player, and they would be used
10 a player who had a head injury during the season to 10 according to how they were carried out to ...
11 find out when he came back to his -- his starting 11 BY MR. BYRNE:
12 point, his baseline. 12 Q. Did you have to report to the NHL
13 Q. If you could please describe to me 13 that you -- that you had completed the test; that
14 exactly how you as the general manager of the Dallas 14 every single player was tested in training camp?
15 Stars implemented those procedures. 15 MR. LUPION: Object to the form.
16 A. Well, my role would be to -- to -- 16 THE DEPONENT: I don't recall having to
17 that procedure was -- was presented and recommended 17 make a specific report to the NHL on that.
18 by the doctors, and so the doctor with our team at 18 BY MR. BYRNE:
19 the time would be informed that it had been agreed 19 Q. Did you receive any, you know,
20 to by the general managers, and then our medical 20 written reports from your medical staff that they
21 staff, the doctors and the trainers, would set up 21 completed all the baseline testing?
22 the people needed to have the -- the testing done, 22 A. A written report --
23 the proper people, the proper place, and if they had 23 Q. Or an email? Something that said,
24 any kinds of needs or difficulties in -- in getting 24 Mr. Gainey, we completed all baseline testings, all
25 that accomplished, then I was informed and I would 25 players in training camp?
Page 58 Page 60
1 MR. SCHMIDT: Object to form. The 1 trainers as to which players were active, on an
2 witness was in the middle of giving a response when 2 active roster, or on an unactive roster.
3 you interrupted. Go ahead and continue your answer. 3 BY MR. BYRNE:
4 THE DEPONENT: Well, I'm trying to 4 Q. Okay. Going back to your playing
5 recall how the communication on -- all training camp 5 career now, Bob, were you aware of any testing that
6 medical information. I would get a written report 6 was administered by the NHL for players during your
7 on each player, on their height, weight, different 7 era who missed games due to a concussion?
8 kind of testing that they had done, whether it be 8 A. I'm not aware.
9 medical or physical, and I don't remember 9 Q. You were team captain, Bob?
10 specifically having information that each player had 10 A. Yes.
11 completed this particular test, but I do -- I do 11 Q. For twelve years?
12 remember receiving information that all the players 12 A. Less than that, but ...
13 were tested, all of the obligations and requirements 13 Q. What was your role as a team
14 of our hockey department and our medical department 14 captain?
15 were complete. 15 A. Well, it wasn't a defined role. It
16 BY MR. BYRNE: 16 was a position of leadership, it was a position of
17 Q. Okay. When was the SCAT test used, 17 experience, and it could involve communication with
18 either SCAT1, 2, or 3? 18 younger players, communication with the coaching
19 A. I don't know. 19 staff, and -- but more a -- more a symbolic
20 Q. Okay. Did you ever see the SCAT 20 leadership responsibility role.
21 test? 21 Q. And in that role, would you talk to
22 A. No. 22 players about how they're feeling? Medical --
23 Q. Do you know if any of your players 23 physically, I should say?
24 were given a SCAT test during your career as a 24 A. Not -- not to my recollection.
25 general manager for the Stars? 25 Q. If somebody was hurting, would
Page 59 Page 61
1 A. I -- I think yes. 1 you -- talk to me; are you ready to go?
2 Q. Would you have been given an update 2 A. If somebody was injured and in the
3 from your training staff as a result of the SCAT 3 hospital, I would visit.
4 test? 4 Q. Okay. I mean in the -- in the
5 A. I wouldn't have been given an 5 locker room, somebody who was ailing, would you talk
6 update as to the SCAT test, but I would have been 6 to him about it or his ability, ready to go?
7 given an update on the players' improvement or lack 7 A. No. Players and the medical staff
8 of improvement. 8 made their own decisions on that.
9 Q. Would you have commun cation with 9 Q. But in your era, was the captain
10 the doctor about a certain player who was given a 10 kind of an extension of the coach?
11 SCAT test with regards to his abil ty to be on the 11 MR. LUPION: Object to the form of the
12 roster? 12 question.
13 A. Yes. I mean, my communication 13 THE DEPONENT: No.
14 would -- with the doctor would be more lay 14 BY MR. BYRNE:
15 communication. The player is going through the 15 Q. If we could go into your
16 protocol, he is showing these symptoms, he is -- he 16 post-playing career -- are you good to continue? Do
17 is improving, but he rode the bike yesterday and 17 you need to take a couple of minutes?
18 still had recurring symptoms, so we are going to 18 MR. SCHMIDT: Why don't we take a little
19 back him off; we will try him again in three days. 19 break.
20 Q. Would you be in consultat on w th 20 THE DEPONENT: Take a break?
21 the doctor and your coaching staff with regards to 21 MR. SCHMIDT: Yeah. We've been going
22 players that would be dressing in the game? 22 over an hour. Thank you very much.
23 MR. LUPION: Object to the form. 23 THE VIDEOGRAPHER: We are going off the
24 THE DEPONENT: I was in constant 24 record. The time is 10:07 a.m.
25 communication w th the coaching staff and the 25 -- RECESS AT 10:07 --
Page 62 Page 64
1 -- RESUMING AT 10:19 -- 1 Q. And it's my understanding you
2 THE VIDEOGRAPHER: We are back on the 2 attended approximately eleven board of governors
3 record at 10:19 a.m. 3 meetings. Does that sound correct?
4 BY MR. BYRNE: 4 A. I'm not specific on how many, but I
5 Q. Mr. Gainey, during the break, did 5 know I attended meetings.
6 you have any opportunity to talk to your attorney? 6 Q. Okay. Did you also attend general
7 A. Yes, I did. 7 manager meetings?
8 Q. Do you wish to change any of your 8 A. Yes.
9 answers that we asked earlier today, at this time? 9 Q. And did you attend all the general
10 A. No, I don't. 10 manager meetings while you held the title, from '92
11 Q. Okay. I would like to now talk to 11 through 2010?
12 you about your post-playing career, and it's my 12 A. I believe -- I believe so, yes.
13 understanding that you were the head coach of the 13 Q. And while you were at the board of
14 North Stars from '90 to '95? 14 governors meetings, you had an opportunity to
15 A. I was the head coach of the North 15 observe the proceedings?
16 Stars from '90 to '93, and then the team transferred 16 A. Yes.
17 to Dallas in '93, 94. 17 Q. You participated in the
18 Q. And then you became the general 18 proceedings?
19 manager in 19 ... 19 A. Observational.
20 A. I took over responsibilities as the 20 Q. Okay. In your opinion of observing
21 manager in 1992. 21 the board of governor meetings, who were the most
22 Q. And you held that position up to 22 powerful or influential members of the board of
23 2003? 23 governors?
24 A. 2002, I believe. 24 MR. LUPION: Object to form of the
25 Q. Okay. And then you went to the 25 question.
Page 63 Page 65
1 Montreal Canadiens? 1 THE DEPONENT: I can't recall. The
2 A. 2003. 2 meetings were chaired by the commissioner, and I
3 Q. And you were the general manager 3 think that my memory says that all teams were --
4 through 2010 as well as the interim head coach 4 were participating on debates on questions that were
5 for 2006, 2009? 5 relevant at the time.
6 A. Twice, for a short period of time. 6 BY MR. BYRNE:
7 Q. Okay. At some point, then, you 7 Q. Did you have any opinion as to any
8 just became a consultant for the Canadiens after 8 of the owners who attended the board of governors
9 your general manager job ended? 9 meeting that were in a leadership role?
10 A. Yes. 10 A. No, I didn't -- I don't. I didn't.
11 Q. And then you became a consultant 11 Q. Were you aware of any particular
12 for the Dallas Stars in 2012 until approximately 12 owners whose voice had clout with other members of
13 2014? 13 the board of governors?
14 A. Yes. 14 MR. SCHMIDT: Object to the form of the
15 Q. And presently, you are not employed 15 question.
16 by an NHL club? 16 THE DEPONENT: No, I don't.
17 A. Presently, I am not employed by an 17 BY MR. BYRNE:
18 NHL club. 18 Q. And did you form any opinions of
19 Q. Are you presently employed 19 the members of the board of governors that you
20 anywhere? 20 observed during your eleven or so occasions that you
21 A. No, I'm not. 21 thought were impressive?
22 Q. Okay. It's also my understanding 22 MR. SCHMIDT: Object to the form of the
23 in your role of post-playing career you attended 23 question.
24 board of governors meetings? 24 THE DEPONENT: I was at the meetings to
25 A. Yes, I did. 25 listen and observe and hear the information being
Page 66 Page 68
1 discussed through the eyes of the Dallas Stars. 1 off ces?
Page 67 Page 69
1 the BlackBerry? 1
Page 70 Page 72
1 1 every -- that covered every possibility of medical
2 2 help we would need, but we had access to them.
3 3 Q. Gotcha. Do you recall the name of
4 4 the doctor, the neuropsychologist, that you had
5 5 access to?
6 6 A. I do not.
7 Q. How about with doctors in your 7 Q. Was t more than one?
8 role, have you ever had to terminate a doctor? 8 A. I do -- I don't know.
9 A. No, I haven't. 9 Q. Did you ever meet the
10 Q. For ne ther the Stars or the 10 neuropsychologist?
11 Canadiens? 11 A. I did not.
12 A. No. 12 Q. Do you know if the
13 Q. Okay. Did you ever hire a doctor 13 neuropsychologist ever attended any NHL-mandated
14 w th the Stars or the Canadiens? 14 meetings?
15 A. I was involved with putting all of 15 A. I don't know.
16 the staff together when we transitioned from 16 Q. Do you know if the
17 Minneapolis to Dallas, because we were a start-up 17 neuropsychologists ever attended the NHL Physician
18 and it was from ground zero. So the Dallas 18 Society meetings?
19 situation, the Dallas team, in 2 -- or 1995, I was 19 A. I don't know.
20 involved with not only re-engaging people who were 20 Q. Okay. Going to your time with the
21 already in place but finding new people to fill the 21 Canadiens, did you hire a team doctor?
22 roles. 22 A. There was a medical staff -- or in
23 Q. Did you have more than one doctor, 23 place when I arrived who were long-term associated
24 team doctor, during your tenure with the Stars? 24 with the hockey team in Montreal, and although I met
25 MR. SCHMIDT: Object to form. 25 with them and got an update of how they were
Page 71 Page 73
1 THE DEPONENT: No. 1 operating, I didn't hire them. They were -- he was
2 BY MR. BYRNE: 2 already engaged and in place, and I was comfortable
3 Q. Who was your team doctor? 3 with him.
4 A. The head physician was a Dr. Dan 4 Q. And his name?
5 Cooper. 5 A. David Mulder.
6 Q. Were you ever involved in the 6 Q. M-U-L --
7 hiring of a neuropsychologist? 7 A. M-U-L-D-E-R.
8 A. No. 8 Q. And d d Dr. Mulder also have the
9 Q. Was one ever hired during your 9 same duties where he would be responsible for
10 tenure? 10 getting a physician, such as a neuropsychologist,
11 A. The hiring of the doctor in Dallas, 11 either on staff or have access to?
12 part of the responsibility he had was to supply all 12 MR. LUPION: Object to the form.
13 the necessary components of the other specialties 13 THE DEPONENT: He was responsible for --
14 that might be needed for the care and recovery or 14 for having physicians of all stripes available for
15 health of the players and also to give us access 15 whatever might be necessary. The most common in --
16 into the medical community, which Dr. Cooper did. 16 or, as I said, dentists, ophthalmologists,
17 So we didn't -- I didn't hire specific doctors, but 17 orthopaedics, but, again, the real benef t is he had
18 I was involved in engaging the head doctor, who 18 a wide window into the health commun ty in Montreal,
19 would present us with the access he had to 19 had a long-term position at the Montreal General
20 orthopaedic doctors or dentists or whatever kind of 20 Hospital, and had access to any kind of
21 specialties would be needed, including, I assume 21 specialists -- hand, foot, whatever it could be,
22 neurosurgery. 22 neurologist -- when it was necessary.
23 Q. Did you have a neuropsychologist on 23 BY MR. BYRNE:
24 your staff at Dallas? 24 Q. Bob, can I just ask you to just
25 A. We didn't have a staff that was 25 speak up a l ttle b t. I apologize. I had a little
Page 74 Page 76
1 trouble hearing you at one point. 1 MR. BYRNE: Well, I think Mr. Gainey may
2 A. I will. 2 have understood it, Adam, to be fair, so can we just
3 Q. You got a little soft. I don't 3 agree to have maybe one person do an objection here
4 know if the court reporter -- you caught everything? 4 and stick to the PTO of --
5 THE REPORTER: I got him. 5 MR. LUPION: We'll do our best.
6 BY MR. BYRNE: 6 MR. BYRNE: Thank you.
7 Q. Okay. Do you recall the name of 7 MR. LUPION: But I didn't understand the
8 the neuropsychologist? 8 question as well.
9 A. I don't. 9 MR. BYRNE: Fair enough. I just --
10 Q. Do you know if any of your staff 10 wanted to just clarify.
11 doctors, including Dr. Mulder, attended any NHL 11 MR. SCHMIDT: Nor did I.
12 meetings with regards to concussions? 12 BY MR. BYRNE:
13 A. I believe Dr. Mulder attended any 13 Q. Mr. Gainey -- can we read that back
14 annual meetings of the medical -- the NHL medical 14 now.
15 doctors. 15 --- Reporter read back.
16 Q. Do you know if he attend the NHL 16 MR. SCHMIDT: Same objection.
17 Physicians Society meetings? 17 THE DEPONENT: There -- there were
18 A. I don't. 18 requirements to report all injuries through our
19 Q. Did anyone in the NHL ever approach 19 medical staff, who kept files and would collect
20 you in your job duties as a general manager with 20 information on -- on games lost, on specific
21 regards to attendance at any mandated concussion 21 injuries, and -- so that would be how the
22 meetings? 22 information was communicated to NHL.
23 MR. SCHMIDT: Object to form. 23 BY MR. BYRNE:
24 MR. LUPION: Can I get a read-back. 24 Q. Do you know who at the NHL received
25 --- Reporter read back. 25 that information?
Page 75 Page 77
1 MR. LUPION: What type -- could you 1 A. I don't.
2 clarify what you mean by "any." 2 Q. Were you copied with that
5 MR. LUPION: A concussion meeting? 5 the end of the year that would have -- that would
7 Q. Yeah, a meeting with regards 7 try to -- number of games lost by each team, number
9 A. I did not attend any meetings, but 9 educate and, you know, these are the areas where
10 I don't remember any mandated meetings. 10 games are being lost. How do we -- how do we make
12 requirements to the NHL with regards to concussions? 12 Q. Just speaking for your job with the
13 MR. SCHMIDT: Object to form. 13 Stars and the Canadiens, d d you receive any reports
14 MR. LUPION: Reporting from whom? From 14 from your med cal staff with regards to injuries
15 him? From doctors? 15 through email?
16 MR. BYRNE: Guys, can we just keep it to 16 A. Most of my communication with our
17 one -- maybe one person objecting here, and it's 17 medical staff would be verbal, and it was ongoing,
18 getting a little -- a little bit now with the 18 and by that, I mean, during the season, daily. And
19 speaking -- 19 did I ever receive any communication? Probably.
20 MR. LUPION: I appreciate it. I'm just 20 You know, at some time, if I was not
21 trying to -- 21 with the team and they were playing in a game in
22 MR. BYRNE: Yeah. Maybe we could just 22 Colorado or Los Angeles, and at the end of the game,
23 do -- 23 while the team is -- is moving towards the airport,
24 MR. LUPION: -- help clarify the 24 I could receive an email with an update on who got
25 question. 25 bumped, who got bruised, who's ready to come back to
Page 78 Page 80
1 play. 1 collection of data of any e-mails that you may have
2 Q. Did you use your email account 2 used with regards to your job duties as a
3 frequently in your job duties as a general manager 3 consultant?
4 for the Canadiens and Stars? 4 A. No, I wasn't.
5 A. It became more normal that 5 Q. Okay. During your tenure as a
6 information was communicated by email. I think in 6 general manager or as a head coach, were you aware
7 my time with the Stars, for much of that time, we 7 of any players that continued to play with any
8 were still working with faxes. That's how 8 symptoms of a concussion?
9 information was sent to the teams. But at some 9 A. No, I'm not.
10 point, there was a changeover where, if you -- if 10 Q. Any players that you're aware of
11 you weren't connected electronically, you weren't 11 that played that had headaches?
12 getting the information. 12 MR. LUPION: Object to the form of the
13 Q. Do you still have the BlackBerry in 13 question.
14 your possession that you used while you were 14 THE DEPONENT: No, I'm not.
15 employed by Dallas or the Canadiens? 15 BY MR. BYRNE:
16 A. No, I don't. 16 Q. Any players that played while they
17 MR. BYRNE: Okay. The reason being is 17 were still experiencing dizziness or disorientation?
18 that we know we didn't receive any -- any production 18 MR. LUPION: Object to the form of the
19 of any e-mails for Mr. Gainey with regards to any of 19 question.
20 this, so I was just wondering if that information 20 THE DEPONENT: No, I'm not.
21 was secured, we would just put that on the record 21 BY MR. BYRNE:
22 and revisit that later. 22
23 MR. SCHMIDT: Noted for the record. 23
24 BY MR. BYRNE: 24
25 Q. Presently, do you have a cell phone 25
Page 79 Page 81
1 or some sort of electronic device that you use for 1
2 email? 2
3 A. Yes. 3
5 own? 5
6 A. Yes. 6
Page 82 Page 84
1 1 soon? Nothing -- nothing deep or specific, but in
2 2 casual conversation, that is something that would
3 3 happen.
4 4 BY MR. BYRNE:
5 5 Q. Did you ever trade for a player,
6 6 Bob, who had suffered concussions?
7 7 A. I don't recall.
8 8 Q. Did you ever sign a player as a
9 9 free agent who had suffered concussions?
10 10 A. I don't recall.
11 11 Q. Did you ever release a player due
12 12 to injuries from a concussion?
13 13 A. I don't think so.
14 14 Q. Did you have personal concerns for
15 15 concussed players, Bob?
16 16 MR. LUPION: Object to the form.
17 17 THE DEPONENT: I -- I -- I mean, I was
18 18 attached to all of our players, and their -- their
19 19 health and their safety is important. It was
20 20 important on a business level, it was important on a
21 21 personal level, and if someone was -- was injured,
22 22 then, you know, it was -- it was normal to be
23 23 concerned and to -- and to stay current and
24 24 understand what was happening with them.
25 25
Page 83 Page 85
1 1 BY MR. BYRNE:
2 2
3 3
4 4
5 5
6 6
7 Q. Okay. Did you ever have any 7
8 meetings with other general managers or other team 8
9 coaches regarding players' health and safety issues? 9
10 A. Meetings or discussions? 10
11 Q. Let's say discussions, Bob. 11
12 A. Yeah. I think yes. 12 Q. Do you have any recollect on of
13 Q. What was the -- what details were 13 warning a player not to return to the ice with a
14 discussed in those conversations? 14 concussion until he was symptom-free?
15 A. Well, it -- you know, it -- I don't 15 A. I don't really have a recollection
16 remember. 16 of a specific warning to a player.
17 MR. SCHMIDT: Object to form. What 17 Q. Was there ever a time, Bob, where
18 conversations? 18 you did not follow the advice of a team doctor
19 MR. BYRNE: The ones he just said he had 19 regarding a concussed player?
20 with general managers or other team coaches. 20 A. Not to my recollection.
21 MR. SCHMIDT: Oh, all right. Well, if 21 Q. Were you aware of any NHL rules or
22 you have a specific recollection, go ahead. 22 pol cies w th regards to return to play of concussed
23 THE DEPONENT: Well, I would perhaps 23 players?
24 ask -- ask another general manager how is such and 24 A. Am I aware of any?
25 such a player doing? Is he going to be back playing 25 Q. At the time you were general
Page 86 Page 88
1 manager, head coach -- 1 guess, with good medical care, good advice, good
2 A. Yes. 2 rehab, and proper training so that they could
3 Q. -- were you aware of any? 3 perform.
4 A. I was aware of policies and 4 BY MR. BYRNE:
5 procedures. 5 Q. Did you ever give personal advice?
6 Q. Can you please explain to me in the 6 MR. LUPION: Object to the form of the
7 best detail you can those policies and procedures. 7 question.
8 A. Well, we have discussed the policy 8 THE DEPONENT: I left most of the advice
9 of benchmarking, pre-season medical testing to find 9 to the medical staff. That's why they were in
10 out different criteria on a player's neurological 10 place, and ...
11 signs, and I'm also aware that, as information 11 BY MR. BYRNE:
12 improved and knowledge became more available, that 12 Q. Okay. When you were general
13 the protocol was put in place for specific things 13 manager and a player was taken off the ice and put
14 the trainer would ask the player when he came to the 14 into the quiet room, did you ever go down to the
15 bench; if he was taken off of the -- out of the 15 quiet room to check on them?
16 playing surface into the room, that there would be 16 A. No.
17 certain questions or -- or testing that he would go 17 Q. Stayed away from it?
18 through to try to determine whether he was -- 18 A. Yes.
19 whether he was clear-headed, whether he was fit, 19 Q. Did you ever go down to the ice at
20 whether he was injured, and -- and then there were 20 any time as a general manager to check on an injured
21 protocol or policies in place of, once a diagnosis 21 player?
22 was made, how he would proceed through his recovery. 22 A. No.
23 Q. And that's the best detail that you 23 Q. These protocols that you said that
24 can recall of the directives you were given from the 24 you adhered to as a general manager that were
25 NHL in concuss on management? 25 mandated by the NHL, would you have wanted them in
Page 87 Page 89
1 MR. SCHMIDT: Object to form. 1 place during your playing career from '73 to '89?
2 THE DEPONENT: That's my best 2 MR. SCHMIDT: Object to form.
3 recollection today. 3 THE DEPONENT: Well, I was comfortable
4 BY MR. BYRNE: 4 in the environment that I played in that I was
5 Q. Okay. I know that you mentioned 5 capable of keeping myself safe, and I think that the
6 that you had a real concern with your players' 6 evolution of the sport and -- and the medical
7 safety because you felt a responsibility as a 7 knowledge, it's not possible to transplant something
8 general manager, as a head coach. Did I understand 8 from today into another era, another decade, another
9 that correctly? 9 generation.
10 A. Yes. 10 BY MR. BYRNE:
11 Q. Have you followed up with any of 11 Q. Okay. Was there any occasion, Bob,
12 the players since you left the position of head 12 when you were head coach where you saw one of your
13 coach or general manager to see how they are doing 13 players having a -- or strike that.
14 today? 14 What were the symptoms that you were
15 A. I have not made a purposeful 15 told about with regards to a concussion with a
16 pursuit of former players to find out how things are 16 player on the ice? What would be observed of that
17 going. 17 player?
18 Q. Do you have a concern for them, 18 MR. LUPION: Objection. Can you read
19 though? 19 that back, please.
20 MR. LUPION: Object to the form of the 20 --- Reporter read back.
21 question. 21 MR. LUPION: Is this during his playing
22 THE DEPONENT: I -- I -- I had a concern 22 career, coaching and GM career?
23 when players were injured and they were under my 23 MR. BYRNE: No, no, this is as a head
24 responsibility to try to give them the best medical 24 coach, Adam.
25 care, to try to alleve (sic) their symptoms, I 25 MR. LUPION: Okay.
Page 90 Page 92
1 THE DEPONENT: I didn't have any 1 MR. SCHMIDT: Object to form.
2 instruction on what symptoms to look for or be able 2 Mischaracterizing the witness's testimony.
4 he -- he'd had a hard hit or a hit to the head, then 4 Q. All right. Well, let me rephrase
8 BY MR. BYRNE: 8 received informat on from the NHL PA, but I just
9 Q. Were you given any training with 9 want to understand, d d you receive something
10 regards to identifying concussed players -- 10 directly from the NHL PA during your capac ty as a
14 Q. Okay. Just -- even though you may 14 concuss on protocols change over time from the start
15 know where I'm going, just wait till I finish, 15 in '95 or '97 till the end of your tenure?
16 because the court reporter can't take down two -- 16 A. Well, they continued to be -- they
17 both of us speaking at the same time. 17 continued to be refined and -- and enhanced, and to
19 Q. When you were a general manager, 19 were made, but there were -- there were enhancements
20 did you receive any training with regards to 20 and -- and changes made to how the players should be
21 identifying the symptoms of a concussed player? 21 handled with if they had received a blow to the
22 MR. SCHMIDT: Form. 22 head.
23 THE DEPONENT: No, I have not. 23 Q. But, again, you did not receive any
24 BY MR. BYRNE: 24 training during this evolut on of change; is that
25 Q. Have you ever kept a player from 25 correct?
Page 91 Page 93
1 returning to the ice because you suspected he had a 1 A. I did not receive any training.
2 concussion? 2 MR. SCHMIDT: Objection.
3 A. No, I have not. 3 BY MR. BYRNE:
4 Q. Now, we talked a little bit about 4 Q. Okay. Were there any compliance
5 the NHL policies and procedures that you think 5 procedures implemented by the NHL on the member
6 started somewhere around '95 or '97 with regard to 6 clubs?
7 the concussion management. Is that accurate? 7 MR. LUPION: Object to the form of the
8 A. Yes. I believe that, you know, we 8 question.
9 started to receive information from the NHL, the 9 THE DEPONENT: Can you just describe,
10 NHL PA, from our -- from our doctors, with more 10 like, "compliance."
11 information, clearer information, and some of the 11 BY MR. BYRNE:
12 protocols that we've discussed needing to be 12 Q. Yeah. Did the NHL set down these
13 implemented. 13 protocols for concussion management? Did they ever
14 Q. So you received information from 14 do any follow-up to see that there was compliance:
15 the NHL PA. Was that as a former player? 15 That each club -- and we're talking about you
16 A. No, but the -- the -- often, the 16 particularly -- your club was in compliance?
17 information would be that this is a -- this is a -- 17 MR. LUPION: Object to the form of the
18 a dual; this has been agreed with with the NHL PA, 18 question.
19 and the NHL are participate -- NHL PA are 19 MR. SCHMIDT: Join.
20 participating in -- in putting these protocols 20 THE DEPONENT: I don't -- I don't
21 together along with the National Hockey League. 21 remember having to report in that -- that we had
22 Q. Okay. So that came from the NHL as 22 complied, but I also know that we did comply.
23 a -- as a dual protocol, if I understood your answer 23 BY MR. BYRNE:
24 correctly. 24 Q. Are you aware of any instance where
25 MR. LUPION: Objection. 25 a concussed player was returned to play in the same
Page 94 Page 96
1 game? 1 there was an incident in a game, a hard body check,
2 A. No, I'm not. 2 something that I would feel was unfair and that
3 Q. Okay. Were you aware of any 3 would want the league to be aware of it.
4 penalties that could be levied on a team for their 4 Q. What type of a hard body check?
5 failure to comply with these concussion mandates 5 Isn't that part of the game?
Page 95 Page 97
1 A. No, I have not. 1 recall? I'm a little confused by your answer.
2 Q. Have you ever attended any meetings 2 MR. SCHMIDT: Object to the form.
3 where any of those individuals I just named 3 MR. LUPION: Object to the form. I'm
4 discussed concussions? 4 confused by the question.
5 A. I -- concussions were discussed at 5 MR. SCHMIDT: Same as I.
6 general managers meetings, and Bill Daly and Gary 6 THE DEPONENT: I sent in v deotapes
7 Bettman would have been at those meetings. 7 whenever I felt that a player on our team had not --
8 Q. Have you ever received any league 8 had been treated unfairly and hadn't been -- a
9 reports just in general of all the member clubs 9 penalty in the game hadn't been applied and I wanted
10 regarding concussed players? 10 clarif cation from NHL hockey operat ons as to what
11 A. Not to my memory. 11 their opinion was on a specific inc dent.
12 Q. Have you ever watched a video of 12 BY MR. BYRNE:
13 part of an NHL proceeding of a player who sustained 13 Q. Would you do that via email?
14 a head -- that sustained a head shot or a head 14 A. No.
15 trauma? 15 Q. How would you do it?
16 A. No, I haven't. 16 A. Well, at the time I was doing it,
17 Q. Have you ever requested that video 17 it was with VCR tapes. After a certain point in the
18 be reviewed by anybody in the league office of any 18 development of the technology, it wasn't necessary
19 player who sustained a head shot? 19 to send things in.
20 A. On different occasions, I had sent 20 Q. No, I meant your request. Was it
21 videos to the league for review where I thought 21 in a -- was it by a letter form, was it by email?
22 supplementary discipline should be considered. 22 A. Would usually be -- at that time,
23 Q. And what were the circumstances of 23 it would be verbal, and it would be over the phone:
24 your request for supplemental discipline? 24 I'd like you to take a look at this specific
25 A. Well, it would have been where 25 incident in our game last night; I'm going to send
24 general manager, was it -- were you in charge to 24 Q. Have you ever communicated with an
25 ensure that there was compliance w th the injury 25 NHL official, that you can recall today, with
3 3
4 4
5 5
6 6
7 7
8 8
9 9
10 10
11 11
12 12
13 13 Bob, are you aware of anybody who
14 14 sustained serious injury from a punch to the face?
15 15 A. No, I don't.
16 16 Q. You are not aware of any hockey
17 17 players at all who were punched in the face and
18 18 sustained serious injury?
19 19 A. Well, "serious injury" is my
20 20 problem with your question, because what is serious?
21 21 Is it a cut? Is it a broken nose? Is it a ...
22 22 Q. Let's say it's a concussion that
23 23 ends somebody's career. Are you aware of any
24 24 players, Bob, during your tenure in the league from
25 25 '73 through 2014, who sustained serious injury from
5 September 3rd, 1998. Do you recall reading this 5 your doctor if a player had a concussion and that
6 document prior to the deposition today? 6 you would want to go back and look at his baseline
9 MR. SCHMIDT: And I would just like to 9 that the -- the information was kept in a place
10 state for the record there seems to be several 10 where it could be used, and the place where it could
11 different documents, at least in my copy. I don't 11 be used was in the -- in the team environment where
12 know if that's what the intent was. 12 the doctor could access it when he needed it to make
13 MR. BYRNE: Okay. Well, let's just 13 the judgement that the baseline testing provided.
14 direct Mr. Gainey's attention to page 3, NHL 14 Q. Do you know if the baseline testing
15 0224688, Chris. 15 results were copied to the NHL league office or
16 MR. SCHMIDT: Okay. 16 anybody in the concussion working program or group,
17 THE DEPONENT: 688. Okay. 17 whatever t was called, back in 1998?
18 BY MR. BYRNE: 18 A. I don't know that.
19 19 Q. Okay. Further down in the document
20 20 a few more pages, Bob, and I will direct your
21 21 attention to 0224696, Chris.
22 22 MR. SCHMIDT: Thank you.
23 23 BY MR. BYRNE:
24 24 Q. It's ent tled "Memorandum,"
25 25 "Supplementary Discipline" from Colin Campbell to
2 2
3 3
4 4
5 BY MR. BYRNE: 5
9 minutes? 9
10 MR. SCHMIDT: I think 30 minutes is 10
11 going to be fine. 11
12 MR. BYRNE: Say one o'clock? 12
13 MR. SCHMIDT: One o'clock. Let's do it. 13
14 THE VIDEOGRAPHER: We going off the 14
15 record. The time is 12:26 p.m. 15
16 -- RECESS AT 12:26 -- 16
17 -- RESUMING AT 1:05 -- 17
18 THE VIDEOGRAPHER: We are back on the 18
19 record. The time is 1:05 p.m. 19
20 BY MR. BYRNE: 20
21 Q. Mr. Gainey, or, Bob -- excuse me -- 21
22 I'd like to now discuss with you what we are going 22
23 to label as Gainey Exhibit No. 11. 23
24 EXHIBIT NO. 11: NHL Injury Summary 24
25 2001-2002, Bates labeled NHL0221484 to 25
2 2
3 3
4 4
5 5
6 6
7 7
8 8 Q. Now, this is in 2007. Weren't
9 9 there any rules in place regarding pre-game fights?
10 10 A. Not that I'm aware of.
11 11
12 12
13 13
14 Q. Does it seem out of character? 14
15 MR. LUPION: Objection. 15
16 THE DEPONENT: I don't know what context 16
17 any of this is in, so how to judge it in character, 17
18 out of character, I really am lost. 18
19 BY MR. BYRNE: 19
20 Q. Is it a surprise to you? 20
21 MR. LUPION: Objection. 21
22 THE DEPONENT: No, it's not a surprise 22
23 to me, it's confusing to me. 23 Q. Okay. Now, going down to the next
24 BY MR. BYRNE: 24 page, 0232745 -- 754, excuse me. The fourth bullet
25 Q. Okay. Bob, the next exhibit I'm 25 point:
2 2
3 3
4 4
5 5
6 6
7 7
8 8
9 9
10 10
11 11
12 12
13 13
14 14
15 15
16 16
17 17
18 18
19 19
20 MR. BYRNE: Okay. Let's go to the next 20
21 one. This is now Gainey Exhibit 27. 21
22 EXHIBIT NO. 27: Agenda June 2, 2009, Bates 22
23 labeled NHL0215077 to 0215079 23
24 BY MR. BYRNE: 24
25 Q. Bob, do you recall seeing this 25 Q. What was your opin on at that time
2 A. I have, yes. 2
3 3
4 4
5 5
6 6
7 7
8 8
9 9
10 10
11 11
12 12
13 13
14 14
15 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
2 2 BY MR. BYRNE:
3 MR. BYRNE: Okay. Now let's move on to 3 Q. Have you seen this document before,
4 the next exhibit. This is Gainey number 35. 4 the NHL board of governors meeting, December of
5 EXHIBIT NO. 35: E-mail Bates labeled 5 2011?
6 NHL0033467 to 0033468 6 A. I don't believe so.
7 BY MR. BYRNE: 7 Q. And this is the time, Bob, where
8 Q. Have you seen this one, Bob? 8 you would have been a consultant?
9 A. I do not believe so. 9 A. Yes.
10 Q. This is an email exchange in 10 Q. Can you just briefly, again, tell
11 January of 2011, Colin Campbell and Brendon 11 us if your role of consultant would have been
12 Shanahan, and we've already established you knew 12 involved in any issues of concuss ons?
13 both these individuals? 13 A. No, my -- my role turned primarily
14 A. Yes, I do. 14 towards opinion of the players within our
15 -- DISCUSSION OFF THE RECORD -- 15 organization and opinions about possible changes to
16 BY MR. BYRNE: 16 the roster of the team at a -- through a trade.
17 Q. All set, Bob? 17 Q. So at that point, your -- your
18 A. Yes. 18 focus was just toward roster moves?
19 Q. Okay. At the top of the page, the 19 A. It was just towards player
20 second sentence says: 20 personnel.
21 21 Q. Okay. Did you review this document
22 22 before the deposit on today?
23 23 A. I don't believe so.
24 24 Q. Okay. I want to turn your
25 25 attention to NHL 0115719. It's several pages into
2 2
3 3
4 4
5 5
6 6
7 7 BY MR. BYRNE:
8 8 Q. Could that be done through
9 MR. BYRNE: Okay. 9 reviewing video after the fact?
10 -- DISCUSSION OFF THE RECORD -- 10 A. Well, I think -- I think one of the
11 MR. CASHMAN: Let's take a break. 11 key messages to the players, the players were --
12 MR. SCHMIDT: That's fine. 12 were given information, they were pushed, they were
13 THE VIDEOGRAPHER: We are going off the 13 told they needed to report their injuries. They
14 record. This marks the end of medium number 3 in 14 needed to go in if they had symptoms and tell the
15 the deposition of Bob Gainey, and the time is 15 trainers, and so if -- if there's concussions that
16 4:18 p.m. 16 aren't being reported or he thinks they aren't, then
17 -- RECESS AT 4:18 -- 17 I think start with the player. He should be -- I
18 -- RESUMING AT 4:29 -- 18 mean, if they're -- otherwise, Colin is just blowing
19 THE VIDEOGRAPHER: Here begins medium 19 wind.
20 number 4 in the deposition of Bob Gainey. We are on 20 Q. Would it -- in your era, Bob, would
21 the record at 4:29 p.m. 21 a player know he had a concuss on?
22 EXHIBIT NO. 37: E-mail Bates labeled 22 MR. SCHMIDT: Object to the form.
23 NHL0094230 to 0094232 23 THE DEPONENT: I think, speaking for
24 BY MR. BYRNE: 24 myself, I knew when I was uncomfortable or I knew
25 Q. Okay. Bob, I just gave you Gainey 25 when I was unsafe, and along w th a doctor, I would
Page 282
1 REPORTER'S CERTIFICATE
2 I, TERRY WOOD, RPR, CSR, Certified
3 Shorthand Reporter, certify;
4 That the foregoing proceedings were taken
5 before me at the time and place therein set forth, at
6 which time the witness was put under oath by me;
7 That the testimony of the witness and all
8 objections made at the time of the examination were
9 recorded stenographically by me and were thereafter
10 transcribed;
11 That the foregoing is a true and correct
12 transcript of my shorthand notes so taken.
13
14
15 _________________________________
16 PER: TERRY WOOD, RPR, CSR
17 REAL-TIME REPORTER
18
19
20
21
22
23
24
25
Page 283
1 DEPOSITION ERRATA SHEET
2 Case Caption: NATIONAL HOCKEY LEAGUE PLAYERS'
3
4 DECLARATION UNDER PENALTY OF PERJURY
5 I declare under penalty of perjury that I have read the
6 entire transcript of my depos tion taken in the captioned
7 matter or the same has been read to me, and the same is
8 true and accurate, save and except for changes and/or
9 correct ons, if any, as ind cated by me on the DEPOSITION
10 ERRATA SHEET hereof, w th the understanding that I offer
11 these changes as if still under oath.
12
13 Signed on the _______ day of ___________, 2015.
14
15 _______________________________.
16
17 BOB GAINEY
18
19
20
21
22
23
24
25
Page 284
1 DEPOSITION ERRATA SHEET
2
3
4 Page No._____Line No._____Change to:_______________
5 ___________________________________________________
6 Reason for change:_________________________________
7 Page No._____Line No._____Change to:_______________
8 ___________________________________________________
9 Reason for change:_________________________________
10 Page No._____Line No._____Change to:_______________
11 ___________________________________________________
12 Reason for change:_________________________________
13 Page No._____Line No._____Change to:_______________
14 ___________________________________________________
15 Reason for change:_________________________________
16 Page No._____Line No._____Change to:_______________
17 ___________________________________________________
18 Reason for change:_________________________________
19 Page No._____Line No._____Change to:_______________
20 ___________________________________________________
21 Reason for change:_________________________________
22 Page No._____Line No._____Change to:_______________
23
24 SIGNATURE: _________________________DATE:__________
25 BOB GAINEY
Page 285
Page 286
Page 287
Page 288
Page 289
Page 290
Page 291
Page 292
Page 293
Page 294
Page 295
Page 296
Page 297
Page 298
Page 299
Page 300
Page 301
Page 302
Page 303
Page 304
Page 305
Page 306
Page 307
Page 308
Page 309
Page 310
Page 311
Page 312
Page 313
118:20 77:25 166:2 37:21 39:11 233:5,17,18 20:20 22:6 280:3 282:9
119:18,21 273:22 39:13 45:14 234:4 235:8 24:20 25:12 records
119:22,24 real 73:17 47:12,16 237:4,10,25 31:14 36:16 144:19
120:10 87:6 220:1 51:15 52:2 243:15 36:18 39:9 recoup
125:14 REAL-TIME 53:9,15,18 245:23 42:21 47:22 173:13
136:3 282:17 53:21,25 263:2 60:24 67:14 recovered
141:15 reality 158:20 54:19,23,25 recalled 67:24 68:2 42:23
143:22 realize 237:7 57:16 58:5 235:10 82:4 83:22 recovery
144:7 156:7 really 19:18 65:1 72:3 receive 46:23 85:12,15,20 23:16,17
157:10 25:11 33:23 74:7 77:4 50:5,8 54:4 87:3 96:17 71:14 81:7
162:15,18 51:22 85:15 82:11 84:7 57:19 67:2 98:7 111:13 86:22
162:19 103:24 84:10 86:24 77:13,19,24 119:6 199:15
164:25 105:17 97:1 99:24 78:18 90:20 129:14 recruit 52:19
171:9 172:5 148:6,23 100:21,25 91:9 92:9 188:23 recruitment
178:10,18 162:17 104:3 92:23 93:1 200:3,8 52:20
181:13,18 165:22 108:25 received 210:18 recurring
193:7 198:8 166:23 109:18,20 22:10 32:10 218:2 224:2 59:18
198:11 195:24,25 111:6 50:19 54:10 251:24 reduce
202:20,23 199:6 206:8 112:25 76:24 91:14 268:18 166:13
202:25 207:18 120:14,15 92:8,21 recommend 229:12
205:21,25 215:12 120:17 95:8 132:22 178:17 255:10
206:1 225:7 227:1 124:25 135:12 recommen... 261:9
208:25 228:8 234:5 129:16 144:4 146:7 55:6 158:18 reduced
216:24 242:22 131:12,16 190:16 169:2 191:8 241:22
218:18 245:3,12 131:18 receiving 201:8 reduction
222:2 248:17 132:11,20 53:9,25 233:12 157:15
223:23 251:8 132:24 58:12 77:4 237:22 refereeing
229:3 232:5 253:20 133:4 134:9 104:5 265:8 270:8 198:23
237:2 241:3 254:13 134:11,22 227:14 270:11 referees
241:4 261:3 263:8 134:24 recess 11:14 271:8,11 148:7,16,19
243:16 266:24 135:9,11 61:25 108:3 recommen... 148:22
245:25 reason 13:3 136:1,14,15 154:16 23:18 55:5 149:15
253:23 33:18 49:3 142:6,21 197:14 55:17 223:18
254:6 56:19 78:17 143:5 144:8 236:5 252:22 reference
255:22 118:24 144:10 278:17 reconciling 185:13
263:8,16 134:13 146:1,4,6 recipient 242:25 217:22
267:8 198:24 151:22 33:11 record 8:16 refine 232:21
272:12 215:1 152:3,6,10 recognition 8:18 9:11 refined 92:17
281:3,13 218:24 161:17 29:25 10:14 13:17 106:9
283:5,7 242:22 163:9 recognize 14:13 61:24 reflects 10:14
read-back 243:1 174:13 35:14 39:2 62:3 78:21 214:12
74:24 261:18 175:8 128:20 78:23 refresh 96:17
139:22 273:24 176:16,18 172:11 107:10 119:6,24
reading 284:6,9,12 176:22 175:23 108:1,6 129:14
126:10 284:15,18 179:18 176:8,9 143:10 193:14
136:1 284:21 180:3,7 177:14 154:15,19 223:5
142:21 reasons 209:16 184:5 197:12,18 regained
143:5 146:2 20:22 194:6 211:9 216:1 recognized 217:2 221:8 281:6
185:12,22 217:23 217:16 127:9 235:14 regard 91:6
193:8 234:13 220:11,15 157:23 236:4,8 217:6
reads 10:20 242:1 220:16 recognizing 274:15 250:16
120:9 recall 13:7,10 222:5,14,16 188:8 278:10,14 regarding
199:20 13:13 15:8 222:22,24 recollect 278:21 53:5 67:14
ready 24:3 16:6 19:16 223:9 221:21 281:20 80:23 83:5
43:1 44:3 19:18 20:13 231:25 recollection recorded 83:9 85:19
48:7 61:1,6 26:18,22 232:2 233:3 12:12,21 279:19 94:10,13,15
Page 314
Page 315
Page 316
Page 317
Page 318
Page 319
Page 320
Page 321
Page 322
Page 323
Page 324
154 5:18 1998 5:12 176:23 2012 37:3 2nd 232:14 4 5:6 119:14
15th 216:16 135:4,10 182:1 63:12 119:15
16 5:12 6:3 139:13 2004 216:4 2014 36:25 3 132:4 134:4
135:4,15 143:5 225:15 63:13 79:9 3 5:5 51:7 135:20
180:12,13 145:17 2005 109:25 117:25 58:18 159:10
180:21,25 147:15 110:1 2015 1:13 116:25 187:22
161 5:20 19th 166:9 179:25 8:11 283:13 118:12,13 188:1
165 5:22 1st 192:16 191:2 216:4 202 6:8 118:14 218:14
17 5:16 6:4 193:6 2006 63:5 205 6:9 143:14 221:16
151:19 204:11,18 208 6:10 162:18 236:25
163:24 2 259:18 21 6:8 202:9 187:22,25 237:1
164:18 2 2:5 5:4 6:17 262:6,7 202:10 197:17 278:20
165:3 177:4 51:6 58:18 2007 6:12 211 2:22 216:21 4/25/06
183:20,21 70:19 108:6 177:23 212-969-3... 218:14 203:1
170 5:24 113:14,15 178:22 3:7 251:4 4:18 278:16
1750 1:12 113:16 179:23 216 6:12 266:25 278:17
8:10 116:11,17 182:1 183:5 22 6:9 205:22 267:5 4:29 278:18
177 6:1 120:9 208:2 209:8 221488 278:14 278:21
17th 152:2 155:24 211:10 159:4 279:18 4:32 281:20
153:12 162:18 212:24 222 1:12 8:10 3-and-a-half 281:21
18 6:5 186:21 163:13 213:17 224 6:14 251:4 40 114:13
186:22 197:12 216:11,16 228 6:16 3/30/2007 167:10,12
180 6:3 224:19,20 217:19 22nd 171:2 205:20 4000 2:12
183 6:4 225:2,4 224:24 23 6:10 208:3 3:07 236:4,5 40s 112:11
186 6:5 226:18 226:5 208:4 3:18 236:6 41 163:15
18th 114:9 231:22 2009 6:17,19 231 6:17 3:19 236:9 164:18
19 6:6 62:19 2:03 197:13 63:5 105:8 236 6:19 30 6:22 154:8 165:2
108:9 197:14 180:1 24 6:12 154:10 42 164:3
191:22,23 2:12 197:15 231:22 216:10,11 167:12 43 155:16
191 6:6 197:18 232:14 245 2:5 255:6,7 43% 155:12
1917 112:11 20 6:7 167:13 233:13 24th 177:23 300 112:7 45 154:8
197 6:7 197:21,22 234:1 178:22 31 6:24
1973 11:20 219:13 235:11,16 25 6:14,19 258:20,21 5
12:3 36:23 236:25 236:10,16 224:6,7 314-259-2... 5 5:8 124:21
106:12 240:10 237:14,15 236:10 2:24 124:22
108:10,18 245:19 238:12,14 263:9 32 7:1 262:20 159:11,23
109:6 2000 55:1 239:2,3,4 250 6:21 262:21 159:25
137:12 79:9 109:25 250:17 255 6:22 33 7:2 266:15 162:18
247:7 225:14 255:20 258 6:24 266:16 219:13
1980's 113:5 2000s 106:18 259:18 25th 220:22 34 7:3 271:17 240:10
1989 109:6 2001 5:16 262:6,7 236:16 271:18 5/8 159:19
135:15 151:19 2010 63:4 237:15 35 7:4 274:4 50 111:21
1992 62:21 152:2 64:11 110:9 26 6:16 274:5 500 2:12
110:9 123:1 153:12 263:1 268:6 228:20,21 36 7:5 275:23 51 121:3
123:2 157:14 272:14 262 7:1 275:24 54 119:23
1995 70:19 2001-2002 275:2,8,10 266 7:2 3600 2:22 120:9,10,24
169:25 5:18 154:25 278:2 27 6:17 37 7:7 129:22 55415-1152
1996 129:22 155:4 2011 181:25 231:21,22 130:7,16,18 2:13
1997 105:8 158:14,22 183:6 271 7:3 278:22 56 222:1,5,10
105:19 2002 62:24 184:18 274 7:4 279:2,3 58 165:4
106:1 110:1 161:16 192:16 275 7:5 39 121:9 5th 131:20
114:9 162:4 193:6 278 7:7 3rd 143:5
131:21 2003 62:23 274:11 28 6:19 147:15 6
225:15 63:2 167:8 276:5 236:10,14 181:25 6 5:9 128:11
268:3,22 168:11,20 277:14 29 6:21 250:7 128:12
277:25 170:25 278:1 250:8 4 141:6
Page 325
179:25
60 164:19
220:12
612-339-2...
2:14
62 122:15
63102-2750
2:23
688 143:17
7
7 5:11 131:8
131:9
7:56 225:1
70's 112:22
229:15,23
700 247:12
70s 16:11
47:25 231:2
231:5
73 16:11
19:22 21:3
89:1 117:25
167:7
74 12:3
754 209:24
8
8 5:12 135:2
135:3
80's 112:22
229:23
8011 182:2
80s 16:7
47:25
83 164:13
87 122:17
179:25
88 12:4 19:22
89 12:4 16:11
19:22 21:3
89:1