1 1 STATE OF ILLINOIS ) ) SS: 2 COUNTY OF C O O K ) 3 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION 4 PETER JOHN CAVOTO, JR., on ) 5 behalf of similarly situated ) class members, ) 6 ) Plaintiff, ) 7 ) -vs- ) No. 02 CH 18372 8 ) CHICAGO NATIONAL LEAGUE BALL ) 9 CLUB, INC., a Delaware ) corporation; and WRIGLEY FIELD) 10 PREMIUM TICKET SERVICES, INC.,) a Delaware corporation, ) 11 ) Defendants. ) 12 ______________________________) 13 The deposition of KATIE MARTA, called by the 14 Plaintiff for examination, pursuant to Notice and 15 pursuant to the Code of Civil Procedure of the 16 State of Illinois, and the Rules of the Supreme 17 Court thereof, pertaining to the taking of 18 depositions, for the purpose of discovery, taken 19 before Laura M. O'Brien, Certified Shorthand 20 Reporter and Notary Public within and for the 21 County of Cook and State of Illinois at 11 South 22 LaSalle, Suite 1600, Chicago, Illinois, 23 commencing at the hour of 10 o'clock a.m. on the 24 22nd day of April, A.D., 2003. 2 1 A P P E A R A N C E S: 2 BAUCH & MICHAELS BY MR. PAUL M. BAUCH 3 53 West Jackson Boulevard, Suite 1115 Chicago, Illinois 60604 4 (312) 588-5000 5 On behalf of the Plaintiff; 6 SONNENSCHEIN NATH & ROSENTHAL BY MR. JAMES A. KLENK 7 8000 Sears Tower 233 South Wacker Drive 8 Chicago, Illinois 60606 (312) 876-7934 9 On behalf of the Defendant. 10 ALSO PRESENT: 11 Mr. Michael Lufrano 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 3 1 I N D E X 2 WITNESS EXAMINATION 3 KATIE MARTA 4 By Mr. Bauch 4 By Mr. Klenk 36 5 E X H I B I T S 6 NO EXHIBITS MARKED 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4 1 (Witness duly sworn.) 2 KATIE MARTA, 3 called as a witness herein, having been 4 first duly sworn, was examined and testified 5 as follows: 6 EXAMINATION 7 BY MR. BAUCH: 8 Q. What is your name? 9 A. Katie Marta. 10 Q. How do you spell your last name? 11 A. M-A-R-T-A. 12 Q. What is your home address, Katie? 13 A. 3950 North Lake Shore Drive, 14 Apartment 911. 15 Q. Do you have a business address? 16 A. 3717 North Clark. 17 Q. What business is located there? 18 A. Wrigley Field Premium Ticket Services. 19 Q. Can you just generally describe your 20 educational background from high school. 21 A. I attended Palatine High School, 22 graduated in 1998, and then attended Loyola 23 University of Chicago. 24 Q. Do you still go to Loyola? 5 1 A. No. I graduated May of 2002. 2 Q. What's your degree in? 3 A. Marketing. 4 Q. Since high school, can you give me an 5 overview of your employment history, jobs you've 6 had and types of positions? 7 A. I worked for the U.S. Women's Open. 8 Q. Golf or tennis? 9 A. Golf, women's golf in the summer of 10 2000. And also worked for a not-for-profit 11 organization called Rainbows. 12 Q. And what did you do for the U.S. Women's 13 Open? 14 A. I was director of ticket operations. 15 Q. And what type of things did you do as 16 the director of ticket operations? 17 A. Answered phones, filled out ticket 18 orders, customer service, supervised volunteers. 19 Q. What golf course was that at? 20 A. The Merit Club in Gurne. 21 Q. And for Rainbows, what did you do for 22 them? 23 A. I was their events manager, coordinated 24 their fund-raising activities. 6 1 Q. And when did you work for Rainbows 2 again? 3 A. I worked for them this past October up 4 until mid February. 5 Q. So October of 2002 through mid February 6 of 2003? 7 A. Right. And then before that, after I 8 graduated a year ago as well, I worked for them. 9 Q. So you worked for Rainbows from? 10 A. 2001 into 2002. 11 Q. Is that a full-time job? 12 A. No. It was part-time. 13 Q. Did you ever work for the Chicago 14 National League Baseball Club? 15 A. No. 16 Q. Did you ever have a Wrigley Field 17 uniform? 18 A. No. 19 Q. Did you ever have a Wrigley Field name 20 tag? 21 A. Yes. 22 Q. And how did you come to have a Wrigley 23 Field name tag? 24 A. I was given it by my boss. 7 1 Q. Who is your boss? 2 A. Dan Guza. 3 Q. And what did the name tag look like? 4 A. It had my picture on it and said, 5 Welcome to the Friendly Confines. 6 Q. How did you hear about Wrigley Field 7 Premium Tickets for the first time? 8 A. I attended a job fair at Loyola in 9 October of 2001. 10 Q. October of 2001? 11 A. Yes. 12 Q. And where was the job fair, what 13 building? 14 A. At Loyola University. 15 Q. Did the Premium Tickets have a table 16 there or something? 17 A. No. I met a woman there named 18 Marisol Velez who worked for the Chicago Cubs and 19 left my resume with her. 20 Q. And that was in October of 2001? 21 A. Yes. 22 Q. And somebody called you back at 23 sometime? 24 A. Marisol called me the following probably 8 1 March, February or March and informed me of a new 2 business venture and wanted to know if I was 3 interested in interviewing. 4 Q. And did you say you were interested? 5 A. Yes. 6 Q. And were you invited to fill out an 7 application or come for an interview? 8 A. I was invited for an interview. 9 Q. And do you know when that was? 10 A. Probably beginning of March 2002. 11 Q. And where did you go for this interview? 12 A. Wrigley Field. 13 Q. Was this the business office of the Ball 14 Corps? 15 A. No. 16 Q. Where at Wrigley Field did you go for 17 the interview? 18 A. It was a conference room. 19 Q. And were you the only person there for 20 the interview, just you and the interviewer? 21 A. Yes. 22 Q. Who interviewed you? 23 A. Marisol Velez was the first. 24 Q. And someone after Marisol? 9 1 A. Yes. 2 Q. Who after Marisol? 3 A. Dan Guza. 4 Q. What did Marisol say to you about this 5 position that you were applying for? 6 A. She basically asked me work history, 7 what I had been doing, what I was looking for, 8 where I wanted to be, down the road what I wanted 9 to do. 10 Q. Took personal information? 11 A. Mostly screening, right. 12 Q. And at some point in time, Dan Guza 13 entered the room? 14 A. Yes, Marisol left and Dan Guza came. 15 Q. And what did Dan say to you about the 16 position? 17 A. He said it was a new business venture 18 called Wrigley Field Premium Ticket Services. 19 Q. And anything else he told you about 20 Wrigley Field Premium Ticket Services? 21 A. He didn't tell me much detail. My 22 conversation with him was more getting to know 23 him, him getting to know me. 24 Q. Did you discuss hours of employment or 10 1 how much you would be paid or benefits? 2 A. Nothing at that point, no. 3 Q. And anything else you remember about 4 this interview process, this first interview? 5 A. No, not really. 6 Q. What was the next thing that happened, 7 did somebody call you or send you a letter? 8 A. I received a call being invited back for 9 a second interview. 10 Q. Who called you? 11 A. Marisol Velez. 12 Q. And what did Marisol say to you when she 13 called you back? 14 A. She said we'd like you to come back for 15 a second interview. 16 Q. And do you remember when the second 17 interview occurred? 18 A. Within a week, probably mid March. 19 Q. And who did you meet at the second 20 interview? 21 A. I met with Dan Guza again briefly. 22 Q. And can you describe to the best you can 23 recall what happened during the second interview? 24 A. Very short again with when I met with 11 1 Dan. I don't really recall the exact and 2 specifics of what was said, but it was very 3 brief. 4 Q. Did you talk about hours of employment? 5 A. No. It would be part time. I knew 6 that, because I was still in school. 7 Q. Did he say you were hired at the second 8 interview? 9 A. No. 10 Q. He said he'd get back to you again? 11 A. Yes. 12 Q. And did he get back to you again? 13 A. Yes. 14 Q. By telephone, letter? 15 A. Telephone. 16 Q. Who called you the second time? 17 A. Marisol called me. 18 Q. What did Marisol say to you as best you 19 can recall? 20 A. She said we'd like you to take the 21 position. 22 Q. And what did you say to her? 23 A. I said I'd love to take it. 24 Q. Do you remember when this phone call 12 1 occurred with her approximately? 2 A. A week after the second interview, 3 maybe. 4 Q. Did Marisol give you any instructions as 5 to what you should do or report to work or 6 reporting date? 7 A. I think she gave me a reporting date. 8 Q. Do you remember when that was? 9 A. I believe it was April 15th was our 10 start date. 11 Q. And did you report for work on 12 April 15th? 13 A. Yes. 14 Q. And where did you go? 15 A. I think I met outside Wrigley Field met 16 Dan. 17 Q. And where did you go from there? 18 A. To our office across the street. 19 Q. "Our office," meaning Wrigley Field 20 Premium Ticket Services' office? 21 A. Right. 22 Q. And when you got to the office, what did 23 you see? 24 A. We had an upstairs office that was 13 1 basically a big warehouse-like room, Dan's office 2 was. 3 Q. Was the ticket office in operation at 4 that time? 5 A. No, it was not. 6 Q. Was there any equipment there? 7 A. Computers. 8 Q. Anything else you remember seeing there? 9 A. No, a couple of desks. 10 Q. So after you got to Dan Guza's office, I 11 guess on the second floor, what did you do? 12 A. Gave us some basic information. I met 13 the two other people that I was working with. 14 Q. When you say gave you basic information, 15 was that in writing? 16 A. No. 17 Q. Oral presentation? 18 A. Right, somewhat. 19 Q. And what do you remember about that 20 presentation? 21 A. He showed us the system that we were 22 going to be using on the computer. 23 Q. Anything else you remember? 24 A. No, we just started training on the 14 1 ticket system. 2 Q. Was the ticket system up and running at 3 that time? 4 A. It was tickets.com, yes, it was. 5 Q. And there was a terminal in that 6 building? 7 A. Yes. 8 Q. How long did this meeting or initial 9 training session last? 10 A. I'm not sure, probably a couple of 11 hours. We weren't there for a whole day. 12 Q. A half a day, maybe? 13 A. Maybe. 14 Q. Did you fill out like a W-2 application 15 or form at that time? 16 A. I believe so. 17 Q. Were you issued a uniform or any shirt 18 that you would wear while you were working? 19 A. No. 20 Q. Do you wear a uniform or a shirt? 21 A. No. 22 Q. Just wear regular street clothes? 23 A. No. 24 Q. Do you have a dress code, button-down 15 1 shirt? 2 A. No, nothing specific, just dress 3 professionally. 4 Q. No torn jeans or tank tops or things 5 like that? 6 A. Right. 7 Q. Do you wear a name tag when you're in 8 the office? 9 A. No. 10 Q. Do you remember Dan discussing the 11 relationship between Premium Tickets and Chicago 12 Cubs at this initial meeting? 13 A. No. 14 Q. How did you come to get a name tag? 15 A. Dan gave it to me. 16 Q. Did he make a decision at some point 17 later that you weren't to wear a name tag when 18 you were on Premium Tickets' premises? 19 A. No. He never said that we had to wear 20 it. 21 Q. Did you receive any type of employee 22 manual back in 2002 when you started work? 23 A. I don't believe so. 24 Q. After this first training meeting on or 16 1 about April 15th, when was the next time you came 2 to work? 3 A. I think we started -- it was started 4 there every day. 5 Q. Every day after April 15th? 6 A. Right, give or take. I'm pretty sure it 7 was. 8 Q. And on a typical day, you came in and 9 did what? 10 A. Practice on the tickets.com system, 11 learning how to build accounts. 12 Q. And what do you mean by building an 13 account? 14 A. That would be mostly our duties when 15 people called to buy tickets. Using the system, 16 we would build an account, meaning put their 17 name, address, phone number. We would learn how 18 to put tickets, search for tickets on the system, 19 put tickets onto their account. 20 Q. And this was something you did through 21 the tickets.com system? 22 A. Right. 23 Q. When was the first time you actually 24 sold a ticket to anyone at Premium Tickets? 17 1 A. I believe we went on sale June 14th. 2 Q. And between April 15th and June 14th, 3 you came to work every day, Monday through 4 Friday? 5 A. I believe it was Monday through Friday. 6 Q. You worked eight hours a day? 7 A. No. 8 Q. How often how long did you work? 9 A. I think it was maybe 10:00 to 4:00. It 10 was flexible. I don't know for sure if it was 11 that every day. 12 Q. And this whole time just spent training 13 on the system? 14 A. Training, researching other ticket 15 brokers on the Internet. 16 Q. Did you actually research other ticket 17 brokers? 18 A. Yes. 19 Q. And what web sites did you visit? 20 A. Gold Coast, Prime Time Tickets, whatever 21 we could find. 22 Q. Who told you to do this research? 23 A. Dan. 24 Q. What did you do with the research that 18 1 you got off the Internet on the other ticket 2 brokers? 3 A. We would just learn about them, their 4 policies, track their prices. 5 Q. What did you learn about the other 6 ticket brokers' policies? 7 A. Whether they had refund policies or just 8 basic sales policies. 9 Q. Did you learn anything about the other 10 ticket brokers' refund policies? 11 A. I don't know specifically what I would 12 have learned. Whatever it said, we just 13 basically were getting information on what the 14 different ticket brokers are like. 15 Q. You just took down whatever you could 16 find as to what the refund policy was? 17 A. It was more reading. We didn't keep any 18 notes or anything. 19 Q. What about their sales policies, what 20 did you learn about that? 21 A. Nothing specific. I mean, mostly they 22 have their tickets, however, they get -- if they 23 provide refunds or not, nothing specific on 24 certain sales policies. 19 1 Q. And the information you got, you just 2 reported that to Mr. Guza? 3 A. It was more for our knowledge on just 4 what a ticket broker is. It wasn't anything that 5 we had to report to him. It was more for our -- 6 Q. Your knowledge, meaning you and the 7 other employees? 8 A. Right. 9 Q. What did you want to know about other 10 ticket broker policies? 11 A. So we'd be more informed about the 12 ticket broker business. 13 Q. Were you involved in setting prices for 14 Premium Tickets? 15 A. No. 16 Q. Again, back in 2002, were you advised 17 what to say if customers asked you whether you 18 were associated with the Chicago Cubs? 19 A. Yes. 20 Q. And what were you told? 21 A. We're not associated with the Cubs. 22 Q. And who told you to say that? 23 A. Dan Guza. 24 Q. Did customers ask you in the office 20 1 whether you're associated with the Chicago Cubs? 2 A. I think a few times. 3 Q. And what did you tell them? 4 A. That we were not. 5 Q. Do you know where Premium Tickets gets 6 its Cubs' tickets? 7 A. No. 8 Q. Did you ever see any agreements between 9 Premium Tickets and Chicago Cubs? 10 A. No. 11 Q. Do you know anything about VIP. tickets 12 being transferred from the Chicago Cubs to 13 Premium Tickets? 14 A. No. 15 Q. How long did you work for -- did you 16 work for Premium Tickets for the entire 2002 17 season? 18 A. Yes. 19 Q. And were you working every day during 20 the season or? 21 A. Mostly every day when the Cubs were home 22 with an occasional day off. 23 Q. So you would work on days even when 24 there weren't game days? 21 1 A. Occasionally. 2 Q. And on an average month, how many days 3 did you work during the 2002 season? 4 A. It really depended on if they were home 5 a lot. But it was almost usually Monday through 6 Friday. 7 Q. So even if there was a week that they 8 were away the whole time, you would still work 9 Monday through Friday? 10 A. Unless I had one day off, but usually. 11 Q. Did any customers ever tell you that 12 they had been referred by the box office to 13 Premium Tickets? 14 A. Yes. 15 Q. And how many times did that happen? 16 A. Probably only a handful. 17 Q. Did you ever have any meetings with 18 people from the Chicago Cubs' box offices? 19 A. No. 20 Q. Can you describe the ticket office at 21 Premium Tickets as it appeared in the year 2002? 22 A. We had three work stations basically 23 with a phone and a computer. 24 Q. Anything on the walls? 22 1 A. I believe there is a Sammy Sosa growth 2 chart. 3 Q. Growth chart? 4 A. Uh-huh. 5 Q. Anything else you remember on the walls? 6 A. Not that I can remember. 7 Q. Did you have any prices posted anywhere? 8 A. No. 9 Q. When was the last date you worked for 10 Premium Tickets in 2002? 11 A. I believe the first week of October. 12 I'm not sure of the exact day. 13 Q. The end of season for 2002? 14 A. Yeah, that week following the end of the 15 season. 16 Q. After the season, did you stay around 17 and do any close-down work or put things away for 18 the next year? 19 A. Not really. 20 Q. Did Dan at some point just tell you that 21 you were laid off for the off-season? 22 A. No. No. 23 Q. You just didn't come to work the next 24 day? 23 1 A. Well, it was we did a year-end review 2 and he said, you know, we'd like you to be back 3 next season. 4 Q. When you did the year-end review, what 5 was that? 6 A. He had some questions that he gave each 7 of us. 8 Q. Written questions? 9 A. Yes. 10 Q. And do you remember what the questions 11 were? 12 A. Mostly what went well this season, what 13 did not, what improvements should be made for 14 next year, what would you like best, just like 15 that. 16 Q. Did you fill out, write out answers to 17 that? 18 A. Yes. 19 Q. Anything else you remember about this 20 year-end review? 21 A. No, that was basically it. 22 Q. Did Dan meet with you to go over your 23 answers? 24 A. Yes. 24 1 Q. Did he do that as a group? 2 A. No, individually. 3 Q. And what do you remember about your 4 meeting with Dan, your follow-up meeting? 5 A. Basically just went over each question 6 and talked about ideas how we can improve on next 7 year and things that, problems that happened this 8 year and that was basically it. 9 Q. What type of problems happened in 2002? 10 A. Mostly just how prices were set, whether 11 our prices were too high or too low. Yeah, I 12 mean, that was basically it, whether we liked 13 being able to negotiate prices. 14 Q. Did you negotiate prices with 15 purchasers? 16 A. Sometimes. 17 Q. Can you tell me how that worked? 18 A. If we had one price and if someone 19 wanted to, for instance, purchase a group of 20 tickets, we had somewhat flexibility to give, 21 take $5 off. 22 Q. Were you involved at all in returning 23 any unsold tickets to the Chicago Cubs' box 24 office? 25 1 A. No. 2 Q. Did you ever discuss that with Dan? 3 A. No. 4 Q. Did you have an inventory of tickets to 5 sell every game, how many tickets you had left? 6 A. Yes, we had tickets. 7 Q. Was there any type of cut-off that if 8 you had tickets left say an hour before the game, 9 you would transfer those back to the box office? 10 A. Not that I know of. 11 Q. Did you ever see that happening? 12 A. No. 13 Q. Did you ever see Mr. McGuire on the 14 premises of Premium Tickets? 15 A. Yes. 16 Q. Do you know who Mr. McGuire is? 17 A. Yes. 18 Q. Who is Mr. McGuire? 19 A. He's an employee of the Cubs. I don't 20 know his exact title. 21 Q. And how many times did you see him at 22 Premium Tickets? 23 A. Once. 24 Q. And when was that? 26 1 A. Probably mid, middle to end of the 2 summer. 3 Q. Did you talk to him when he was there? 4 A. Very briefly. 5 Q. What did he say? 6 A. He just came in and asked how we were 7 doing. 8 Q. Did he stay on the premises and observe? 9 A. No. He was there for a minute or two. 10 Q. Did you see Frank Maloney? Do you know 11 who Mr. Maloney is? 12 A. No. 13 Q. After you had your season-end meeting 14 with Dan, when was the next time you heard from 15 Premium Tickets? 16 A. I spoke with Dan probably a couple times 17 between October and December. 18 Q. And what did you discuss with Dan during 19 those conversations? 20 A. Mostly how he was doing, how I was 21 doing. His wife was pregnant so we talked about 22 how she was. 23 Q. Personal, not business-related things? 24 A. Right. 27 1 Q. And did Dan talk about you coming back 2 to work for Premium for the 2003 season? 3 A. Yes. 4 Q. Did he give you like a date he wanted 5 you to come back or report? 6 A. No. 7 Q. Did he subsequently call you and say, 8 I'd like you to come on February 10th? 9 A. No. I had another job at that time, but 10 I also expressed interest in coming back. 11 Q. You were working for Rainbows? 12 A. Rainbows, yes. 13 Q. And when did you actually come back for 14 the 2003 season? 15 A. End of February, I believe it was the 16 24th or so. 17 Q. And was that pursuant to a letter or 18 phone call information? 19 A. I met with Dan at his office. 20 Q. Did he call you and tell you to come? 21 A. No. I called him and wanted to come in 22 and talk to him. 23 Q. So you came and met with Dan on 24 February 24th? 28 1 A. I met with Dan previous to that. That 2 February 24th was the day I started. 3 Q. So you went back on the payroll that 4 day? 5 A. Yes. 6 Q. Did you fill out a new employee 7 application at that time? 8 A. No. 9 Q. Tell me about the meeting with Dan on 10 February 24th. 11 A. It was mostly, what do you want to do 12 for this year? Are you interested in coming 13 back? He said he wanted to give me more 14 responsibilities. We talked about ideas for the 15 upcoming season. 16 Q. What type of responsibilities did he 17 want to give you? 18 A. Kind of being second in command, being 19 in charge of, kind of being the point person 20 downstairs in charge of the other employees. 21 Q. So you'd be a supervisor and a ticket 22 agent? 23 A. Somewhat. 24 Q. Anything else you discussed with him at 29 1 that point? 2 A. No, I don't think so. That was 3 basically it. 4 Q. And you've been working full time 5 essentially since February 24th? 6 A. Yes. 7 Q. Any projects he asked you to do? 8 A. Marketing ideas, gave me the freedom to 9 come up with some new marketing ideas going 10 downtown to hotels, concierges, things like that. 11 Q. Anything else you remember? 12 A. Keeping track of ticket, the other 13 ticket broker prices. 14 Q. And did you keep track of other ticket 15 broker prices? 16 A. Yes. 17 Q. And how did you do that? 18 A. Created a database, Excel spreadsheet. 19 Q. Did you update those spreadsheets from 20 time to time? 21 A. Periodically, yes. 22 Q. Did Dan tell you there were going to be 23 some changes in the operations for the new season 24 2003? 30 1 A. Some changes to the walls and basic 2 downstairs setup. 3 Q. What were the changes? 4 A. Just making it look a little nicer in 5 the office. 6 Q. And how did you do that? 7 A. Painted the walls and put in a couple of 8 shelves. 9 Q. Anything else? 10 A. That was basically it. 11 Q. Any posters? 12 A. No. 13 Q. Did Dan give you an Employee Manual for 14 the 2003 season? 15 A. Yes. 16 Q. Let me show you we're going to refer to 17 this as Exhibit D 001490. Is that the Employee 18 Manual? 19 A. Yes. 20 Q. Did you have any participation in 21 preparing that? 22 A. No. 23 Q. Dan just gave that to you? 24 A. Yes. 31 1 Q. Did anyone ever tell you that other 2 ticket brokers don't provide refunds in case of 3 rainouts or game cancellations? 4 A. I believe so. 5 Q. Who told you that? 6 A. Dan. 7 Q. And based on your research, did you 8 believe that to be true that other ticket brokers 9 wouldn't provide a refund if there was a game 10 cancellation? 11 A. I'm not sure of the exact policies. 12 Q. Do you know if any other ticket brokers 13 buy their tickets directly from the Cubs? 14 A. I don't know. 15 Q. Do you assist in distributing any fliers 16 advertising Premium Tickets? 17 A. No. 18 Q. Do you know whether Premium Tickets' 19 employees did that? 20 A. I believe so, yes. 21 Q. Do you know when that happened? 22 A. Sometime in the middle of the summer. 23 I'm not sure exactly when. 24 Q. 2002? 32 1 A. Yes. 2 Q. You didn't do it, though? 3 A. No. 4 Q. Did any customers ever express any 5 confusion as to whether Premium Tickets is, in 6 fact, the Cubs in your office? 7 A. In my office? 8 Q. At Premium Tickets' office? 9 A. No, other than asking whether or not 10 we're the Cubs. 11 Q. How often does that happen? 12 A. Very rarely, occasionally. 13 Q. Was Premium Tickets promoting Yankee's 14 and White Sox tickets this year? 15 A. Promoting? 16 Q. Yeah, in your advertisement that you 17 have White Sox and Yankee's tickets? 18 A. I don't believe so. 19 Q. Do you know what your inventory of 20 Yankee and White Sox tickets was for the year? 21 A. For this year? 22 Q. For this year. 23 A. Yeah, I don't know exactly. 24 Q. Do you know how it compares to other 33 1 games? 2 A. I think it's a little more than other 3 games. 4 Q. Do you know how much more? 5 A. It varies. I don't know exactly how 6 many. 7 Q. Is it like ten times more than other 8 games? 9 A. Really, a lot of the games are 10 different. 11 Q. You don't know exactly what the 12 inventory was? 13 A. No. 14 Q. You weren't involved in setting the 15 inventory and how many tickets to buy? 16 A. No. 17 Q. Did Dan ever talk to you or ask your 18 opinion of how many tickets he should get for 19 certain games? 20 A. No. 21 Q. You don't review any financial records 22 for Premium Tickets? 23 A. No. 24 Q. Bank statements? 34 1 A. No. 2 Q. Ledgers? 3 A. No. 4 Q. You're not involved in accounting? 5 A. No. 6 Q. Other than recording the sales in the 7 computer? 8 A. Right. 9 MR. BAUCH: Let me just take a second. I 10 just want to show her some of these ticket broker 11 summaries she prepared just to identify and I 12 think we're done. 13 MR. KLENK: Okay. 14 BY MR. BAUCH: 15 Q. Katie, I'm going to hand you documents 16 D001570 through D001617 and I just want to ask 17 you if you can identify these as the analysis of 18 the other ticket broker prices that we discussed 19 briefly. 20 MR. KLENK: Are these consecutive, Paul? 21 MR. BAUCH: Yeah, they are. 22 A. These are the two that I did. 23 BY MR. BAUCH: 24 Q. Just identify them by Bates stamp number 35 1 for the record. 2 A. D001576 and D001581. 3 Q. And the other documents are spreadsheets 4 that you didn't prepare? 5 A. I did not. 6 Q. Had you seen them before today? 7 A. No. 8 MR. BAUCH: Let me ask a couple of 9 follow-up questions and we'll be done. 10 BY MR. BAUCH: 11 Q. Have you made sales of tickets for the 12 2003 season? 13 A. Yes. 14 Q. Have you been working there every day? 15 A. Yes. 16 Q. Have any customers told you they were 17 referred by the Cubs' box office this season? 18 A. Yes. 19 Q. How many? 20 A. Just a couple. 21 Q. Have you done any hand billing for 22 Premium Tickets this year, passing out fliers or 23 anything? 24 A. No. 36 1 Q. Do you have any plans on doing that? 2 A. I'm not sure. 3 Q. Let me hand you, this is a document 4 D00154, which appears to be the Yellow Pages ad 5 for Premium Tickets. And directing your 6 attention, has anyone explained to you what it 7 means, Premium Tickets is endorsed by the Cubs? 8 A. No, not really. 9 MR. BAUCH: No further questions. 10 EXAMINATION 11 BY MR. KLENK: 12 Q. I have a couple. This document that is 13 shown, what is this document that's D001554? 14 A. What is it? It's the Yellow Pages ad 15 for Wrigley Field Premium Ticket Services. 16 Q. And is that the ad that appears in the 17 Yellow Pages? 18 A. I believe so. 19 Q. It says, Endorsed by the Chicago Cubs. 20 Did you have any discussions with Premium about 21 endorsement by the Chicago Cubs with anyone? 22 A. Did I, no, not really. 23 Q. Did anyone ever tell you who owned 24 Wrigley Field Premium Tickets? 37 1 A. Yes. 2 Q. Who was that? 3 A. Dan Guza. 4 Q. And what did Mr. Guza say to you and 5 what did you say to him? 6 A. He said that Wrigley Field Premium was 7 owned by the Tribune Company. 8 MR. KLENK: I want to take a break. Stay 9 here and I'll be back in a second. 10 (Whereupon a short break 11 was taken, after which the 12 following proceedings were 13 had:) 14 BY MR. KLENK: 15 Q. While you worked at Wrigley Field 16 Premium Tickets last summer selling tickets, did 17 you sell any tickets to -- withdraw that. 18 While you were at Wrigley Field Premium 19 Tickets last summer, did any ticket brokers come 20 into the office to purchase tickets? 21 A. Oh, yes. 22 Q. Was that a frequent occurrence? 23 A. Yes. 24 Q. Were these ticket brokers aware of any 38 1 relationship between the Chicago National League 2 Ball Club and Wrigley Field Premium Tickets? 3 MR. BAUCH: Objection to the form. 4 A. I don't believe so. 5 BY MR. KLENK: 6 Q. Did the ticket brokers come in and ask 7 you any questions about Chicago National Ball 8 Club at Premium? 9 A. Yes. 10 Q. Did the ticket brokers come in and ask 11 you any questions about the relationship, a 12 relationship with the Tribune Company? 13 MR. BAUCH: Objection to the form. 14 A. I believe they asked who owns us. 15 BY MR. KLENK: 16 Q. What, if anything, did you tell them? 17 A. I told them they were owned by the 18 Tribune Company. 19 Q. Had Mr. Guza given you any instructions 20 with respect to whether you should tell patrons 21 who come in about who owned you? 22 A. He said that we don't have to say 23 anything, but that we can say we're owned by the 24 Tribune Company. 39 1 MR. KLENK: No further questions. 2 MR. BAUCH: All done. 3 THE REPORTER: Signature? 4 MR. KLENK: Reserved. 5 THE REPORTER: Did you want to order 6 this? 7 MR. BAUCH: Yes, just a mini and a disk. 8 MR. KLENK: Yes, and a disk. 9 AND FURTHER DEPONENT SAITH NOT. . . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 40 1 STATE OF ILLINOIS ) ) SS: 2 COUNTY OF C O O K ) 3 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION 4 PETER JOHN CAVOTO, JR., on ) 5 behalf of similarly situated ) class members, ) 6 ) Plaintiff, ) 7 ) -vs- ) No. 02 CH 18372 8 ) CHICAGO NATIONAL LEAGUE BALL ) 9 CLUB, INC., a Delaware ) corporation; and WRIGLEY FIELD) 10 PREMIUM TICKET SERVICES, INC.,) a Delaware corporation, ) 11 ) Defendants. ) 12 ______________________________) 13 I, KATIE MARTA, being first duly sworn, on oath, say that I am the deponent in the 14 aforesaid deposition, that I have read the foregoing transcript of my deposition taken 15 April 22, 2003, consisting of Pages 1 through 42 inclusive, taken at the aforesaid time and place 16 and that the foregoing is a true and correct transcript of my testimony so given. 17 _____ Corrections have been submitted 18 _____ No corrections have been 19 submitted 20 _____________________________________ KATIE MARTA, Deponent 21 22 SUBSCRIBED AND SWORN TO before me this _______ day 23 of _________________ A.D., 2003. _________________________ 24 Notary Public 41 1 STATE OF ILLINOIS ) ) SS: 2 COUNTY OF C O O K ) 3 I, Laura M. O'Brien, Certified Shorthand 4 Reporter and Notary Public in and for the County 5 of Cook, State of Illinois, do hereby certify 6 that on the 22nd of April, A.D., 2003, the 7 deposition of the witness, KATIE MARTA, called by 8 the Plaintiff, was taken before me, reported 9 stenographically and was thereafter reduced to 10 typewriting through computer-aided transcription. 11 The said witness, KATIE MARTA, was first 12 duly sworn to tell the truth, the whole truth, 13 and nothing but the truth, and was then examined 14 upon oral interrogatories. 15 I further certify that the foregoing is 16 a true, accurate and complete record of the 17 questions asked of and answers made by the said 18 witness, at the time and place hereinabove 19 referred to. 20 The signature of the witness was not 21 waived by agreement. 22 Pursuant to Rule 207(a) of the Rules of 23 the Supreme Court of Illinois if deponent fails 24 to read and sign this deposition transcript 42 1 within 28 days or make other arrangements for 2 reading and signing thereof, this deposition 3 transcript may be used as fully as though signed, 4 and the instant certificate will then evidence 5 such failure to read and sign this deposition 6 transcript as the reason for signature being 7 waived. 8 The undersigned is not interested in the 9 within case, nor of kin or counsel to any of the 10 parties. 11 Witness my official signature and seal 12 as Notary Public, in and for Cook County, 13 Illinois on this 7th day of May, A.D., 2003. 14 15 16 17 _ 18 Laura M. O'Brien, CSR Notary Public 19 312 West Randolph Street Suite 550 20 Chicago, Illinois 60606 21 License No. 084-004259 22 23 24