Speaker 1: This is a lapsed fan living dangerously two thousand special Report.
Speaker 1: You should have known when we started talking about the
Speaker 1: court case involving Mike Awesome in Part one that we
Speaker 1: weren't going to just let that sit. What do we
Speaker 1: tend to do, Boss? When there is a documentation?
Speaker 2: We go to court, We go to court.
Speaker 1: Let's crack open another docket as only TLF can. Because
Speaker 1: you're co chairman again, and the umpteenth example of us
Speaker 1: putting the money you give to us back into the cast,
Speaker 1: got resourceful and pulled the entire case file out of
Speaker 1: the state of New York where ECW, through its attorneys,
Speaker 1: seeks to block Mike Awesome from jumping to WCW with
Speaker 1: the ECW World Championship in two thousand. It's all here,
Speaker 1: it's all laid bare, and it's all worth it because
Speaker 1: we know that over ten years of TLF, you've demonstrated
Speaker 1: an appetite for us going hardest on the smallest details.
Speaker 1: And it's quite it's quite liberating, isn't it, Boss, to
Speaker 1: know that if we take this kind of time to
Speaker 1: pull this kind of stuff and read it into the
Speaker 1: record here in the pod, that the people actually have
Speaker 1: an enthusiasm for it, not just a tolerance.
Speaker 2: Well, it's that, and also just the fact that that
Speaker 2: you know that there is a there's a home for
Speaker 2: this that's a little.
Speaker 1: More perfectly put out there exactly. There's a home for it,
Speaker 1: and we're going to surface it because we have the resources,
Speaker 1: we have the know how, and we have the ability
Speaker 1: to discern what it is we're looking at. And by
Speaker 1: the time we're done, you will too. So this is
Speaker 1: all of the all of the exhibits as well that
Speaker 1: are considered relevant to making the case. We're about to
Speaker 1: talk boss for the first time on TLF about our
Speaker 1: first ECW contract. How does that look? I don't care
Speaker 1: for a company yet, for a company notorious for you know,
Speaker 1: handshake agreements and nice extremely contracted wrestling. Maybe well, of course,
Speaker 1: it all starts with the memo. We just did it
Speaker 1: on greed, writ Diana Myers, dashing off letters to Hogan's
Speaker 1: attorney with these phony offers to appear at the last
Speaker 1: pay per view so that certain provisions of the contract
Speaker 1: don't kick in. And here it all starts with the
Speaker 1: memo as well. This is dated April tenth, two thousand, which,
Speaker 1: of course, if I'm if I have my math right,
Speaker 1: the first Russo Bischoff Nitro was that date. So they're
Speaker 1: just about to do their big reset. And this is
Speaker 1: dashed off from the law offices and the lawyer retained
Speaker 1: by Paul Hayman and ECW firmed by the name of Hoffinger, Friedland,
Speaker 1: Dobrish and Stern PC. So when you see that in
Speaker 1: an envelope, you tend to open it. Oh yes, indeed,
Speaker 1: and who's who's it first addressed to?
Speaker 2: Mister Ted Turner sending this all the way to the
Speaker 2: Tool Organization Championship Wrestling.
Speaker 1: Wow.
Speaker 2: Like the fact that the fact that he's listed as
Speaker 2: like not even as a head of of of Turner network.
Speaker 2: It's like they fucking he's the head of w CW.
Speaker 1: Oh yeah, yeah, Vince isn't the only guy who wants
Speaker 1: to pretend that Ted Turner.
Speaker 2: I've been telling all that the whole time. I've been
Speaker 2: telling people, you know, the ECW knows who's in charge
Speaker 2: of w cw' mister Ted Turner.
Speaker 1: Oh my god, so great. So you heard Mike Assam
Speaker 1: kind of describe the state.
Speaker 2: It's your turn, Turner.
Speaker 1: Someone's gonna make a turn. Yes, he saw Mike astome
Speaker 1: describe kind of the legal quagmire he found himself in.
Speaker 1: Let's dive right in to exactly how that was character right.
Speaker 1: So here's the letter from ECW's lawyers to first of all,
Speaker 1: mister Ted Turner and the rest boss. Please serenade the
Speaker 1: solar system with your one of a kind reading skills,
Speaker 1: and please forgive and advance my interruptions which will absolutely
Speaker 1: need to make appropriate inations.
Speaker 2: Dear mister Turner, Now, we have written to you in
Speaker 2: the recent past in with regard to WCW's potential activities
Speaker 2: regarding Chris Candido, Tammy Sich, and Terry Brunk aka Saboo,
Speaker 2: each of which were at the time under contract with ECW.
Speaker 2: Saboo still be under contract with ECW to the extent
Speaker 2: that it was learned WCW may have been seeking the
Speaker 2: services or of any or all of such persons.
Speaker 1: So the Saboo one I get, we met, We reference
Speaker 1: that about Paul, Yeah, and he's talked about it, Paul
Speaker 1: blocking him from going and beginning of two thousand, I
Speaker 1: did not know that WCW is this letter indicates, made
Speaker 1: a play for Candido and Sich before they came in
Speaker 1: in two thousand that was similarly blocked on contractual grounds.
Speaker 2: That's wild, that might be new news.
Speaker 1: I'm not intimately familiar with everything those two have ever
Speaker 1: said on shoot interviews and the like, but apparently there's
Speaker 1: a pattern of behavior even pre Saboo that this move
Speaker 1: to bring in Mike Austin fits into. Now. Of course
Speaker 1: they would get their way with Candida and Sunny as well,
Speaker 1: that they followed Mike Austin shortly thereafter into WCW under
Speaker 1: the Bischoff Russeau regime.
Speaker 2: At that time. We also advise each of such persons
Speaker 2: at their contracts contained exclusivity clauses precluding them from rendering
Speaker 2: services WCW in any capacity while still in a contract ECW.
Speaker 2: Any instance, WCW was shurt ECW that WCW would not
Speaker 2: or was not going to use any of the services
Speaker 2: of such persons, presumably due to the existence of valid contracts.
Speaker 2: ECW has learned over the weekend this weekend of a
Speaker 2: possible affiliation between WCW and Alfonso, So.
Speaker 1: They only heard HI about it the weekend before. He
Speaker 1: was great to show up the shofs back to his
Speaker 1: old tricks man. He wants to play the Medusa thing
Speaker 1: again or the Luger thing.
Speaker 2: To the extent he may appear on WCW's Monday Night
Speaker 2: Nitro programming to be aired in the East Coast at
Speaker 2: eight pm. ECW has also learned Alfonso intends not only
Speaker 2: to appear as a WCW employee or independent contractor, but
Speaker 2: may use ECW's property in connection with such appearance, namely
Speaker 2: ECW's Heavyweight champion belt.
Speaker 1: So there it is, in black and white confirmation that Wow,
Speaker 1: not only did they have reason to believe Austin was jumping,
Speaker 1: but that he was going to make use of the
Speaker 1: ECW Championship belt on WCWTV.
Speaker 2: Accordingly, please be informed as follow. As number one, Alfonso
Speaker 2: was a party to a valid independent contractual agreement entered
Speaker 2: into as of September nineteenth, nineteen ninety nine, which provides
Speaker 2: for interalia interalia, which that's.
Speaker 1: A legal term, all right, it's like all inclusive basically.
Speaker 2: Interalia performance by Alfonso of services quote exclusively for ECW,
Speaker 2: yes unquote, and which states he quote shall not directly
Speaker 2: or indirectly be employed by, perform services, or engage or
Speaker 2: be connected in any manner with any other individual entity
Speaker 2: or wrestling business unquote.
Speaker 1: Wow, so that's pretty clear on exclusivity now. So number nineteenth,
Speaker 1: nineteen ninety nine. You know what that date is significant,
Speaker 1: the date of Awesome signing the contract. No, that's the
Speaker 1: date they put the ECW World title on him and
Speaker 1: an archy rules.
Speaker 2: Oh my god.
Speaker 1: So they papered the deal before they strapped him up.
Speaker 2: Wow.
Speaker 1: So you can see him signing that and sign this.
Speaker 1: By the way, Mike, we were so excited about tonight.
Speaker 1: We're so excited to put the belt on you and
Speaker 1: have you represent ECW. We just need to just for
Speaker 1: initial real quick sign it, yeah, sign it? And hell,
Speaker 1: Hogan's on the phone, right, Hogan's on the phone telling
Speaker 1: Mike to jump broll.
Speaker 2: Dude.
Speaker 1: I don't I wouldn't believe those contracts there. They were
Speaker 1: not a napkun brother, dude, how can you you know? Brother,
Speaker 1: here's the thing about I mean, if the whole business
Speaker 1: isn't work right exactly, how contracts have to be away
Speaker 1: to come out? Shoot about Paul's gimmick contracts? Dude, I mean,
Speaker 1: come on with brother, Come on, dude, you know what
Speaker 1: is your lawyer? It's like his dad's a lawyer or something. Brother,
Speaker 1: What I love about ten h is. We heard him
Speaker 1: call Rob Van Dam's radio show to do one of
Speaker 1: these recruitment deals. We actually heard what it sounds like
Speaker 1: when yes Ogan tries to convince someone to jump hilarious.
Speaker 2: You know, brother, we're just kind of you know, we're
Speaker 2: hanging and banging. Dude.
Speaker 1: Yeah, we're doing We're really excited about where things stand,
Speaker 1: but we're just missing that.
Speaker 2: Piece, you know, we're just kind of taking that next step.
Speaker 2: You're trying to take on the next level.
Speaker 1: Brother, hu Hunky, Hucky, you're on the radio, negotiate with me, Hucky.
Speaker 2: We're trying to get awesome, Mike Hogan, all right, so
Speaker 2: we can have the We're gonna have the whole Commania Brothers, right,
Speaker 2: you know, that's I think where we're at.
Speaker 1: Brother, that's our thing. Is going to take w CW
Speaker 1: back to number one Comania Brothers hasn't been tried yet.
Speaker 1: And for a reason, what's deal point two that ECW's
Speaker 1: attorneys want to inform WCW haven know in certain terms.
Speaker 2: Number two, Alfonso has been performing under the agreement since
Speaker 2: September nineteenth, nineteen ninety nine, and has been compensated thereunder
Speaker 2: and it's not properly or lawfully terminated the agreement. Number three,
Speaker 2: Alfonso may currently be in breach of the agreement. Number four,
Speaker 2: The agreement is currently in full force and effect. Number
Speaker 2: five Alfonso failed to appear at an ECW event this
Speaker 2: past weekend in Buffalo, New York.
Speaker 1: That as a part of the story, we did not
Speaker 1: really emphasize that he no showed a couple of ECW shots,
Speaker 1: which gave them the hint that something was up.
Speaker 2: Bitch, No showed exactly all right. Number six Alfonso has
Speaker 2: verbally advised an ECW representative from an port in in Tampa, Florida. Brother, Brother,
Speaker 2: you're hanging and banging, dude. How do they know your location? Dude?
Speaker 2: I'm reading the memo, Dude, did I got well? I
Speaker 2: was C seed on this uh on this legal letter? Brother?
Speaker 1: You know people in the clerk's office, Dude.
Speaker 2: You know? Did you know I get C seed on
Speaker 2: all of Ted Turner's correspondence?
Speaker 1: Bro, I get see seed on everything filed in this
Speaker 1: courthouse in Manhattan, even if it had nothing to do
Speaker 1: with me.
Speaker 2: Did you you understand brother, that I actually get C
Speaker 2: seed no matter no matter the case, brother, on every
Speaker 2: single uh. Uh? You know every single case that goes
Speaker 2: through every single law firm. I also get seed in
Speaker 2: the country. I also get C c's at the Disaster
Speaker 2: one clinic. Did I get C seed in my ass something? From?
Speaker 1: How do they know you were in Tampa?
Speaker 2: Like?
Speaker 1: Do I have to worry going forward? Brother that when
Speaker 1: I kiss all you on the ciz L phone that
Speaker 1: you know, every Tom, Dick and Harry in my business
Speaker 1: knows I'm calling you, brother.
Speaker 2: I'm brother. I just want to know exactly who it
Speaker 2: is you've been TI talking to, dude, you know who
Speaker 2: gets the tis brother.
Speaker 1: Exactly, exactly exactly.
Speaker 2: I'm just sitting here wondering. You know, here I am.
Speaker 2: I'm Hulk Hogan. You know I'm trying to I'm saying, hey,
Speaker 2: you know what we need? We need awesome Mike Hogan,
Speaker 2: come in, brother and part of become you know, the
Speaker 2: new whole.
Speaker 1: Here I am, I'm Hulk Hogan, like to Mike Assam,
Speaker 1: basically a family member, all.
Speaker 2: Right, you know, I'm just I'm sitting here down And
Speaker 2: what's the name of that I can't think of the name
Speaker 2: of the street he lives on.
Speaker 1: Oh, oh, bel Air. Bel Air is the section of Tampa.
Speaker 2: Yeah, whatever, I'm sitting down.
Speaker 1: That's the one in Connecticut.
Speaker 2: Though, no, the it's a weird name. I can't think
Speaker 2: of it. But here, I'm dude, I'm just I'm just
Speaker 2: chilling at the Tampa House. Brother. I'm I'm thinking myself,
Speaker 2: is is awesome Mike Hogan? Really that awesome?
Speaker 1: Right? Suddenly? You know, suddenly I found myself having to
Speaker 1: wonder that, you know, suddenly I'm wondering El Dorado Avenue?
Speaker 1: Is this that's the new one?
Speaker 2: It was a weird it became with the W or something.
Speaker 1: Oh became of the W. Huh? I think so the
Speaker 1: bel Air Estate. Oh yeah, will Adele yea love the house.
Speaker 2: The dude, I'm sitting here, you know, I'm sitting at
Speaker 2: the willadel House. Brother, I'm thinking, you know, what's Mike awesome? Actually?
Speaker 2: What's his agenda? Dude?
Speaker 1: He tells this guy, I'm hul Cogan, But he also
Speaker 1: says the Willadell House like someone who knows what the
Speaker 1: Willadeale House means would not know that he's hull Cogan.
Speaker 2: I just, you know, I just want to talk Turkey
Speaker 2: with awesome Mike exactly, and see you know what the
Speaker 2: diz is, brother? You know what's the diz with awesome? Miss?
Speaker 2: That's funny?
Speaker 1: What's it dizz with miz tis? Do you got w riz? Brother?
Speaker 2: Whoa? You know? You know, I'll say what do you
Speaker 2: know what? Maybe you and I brother the con doles
Speaker 2: thing back in. You know, maybe I got to get
Speaker 2: a six pack? Brother, You and I go to the
Speaker 2: gold gym.
Speaker 1: Dude.
Speaker 2: It's called hanging back, Dude. It's gonna talk this out.
Speaker 1: Brother, And it's like, by this point, you're like, talk
Speaker 1: what out? I don't even remember how we got started
Speaker 1: on this. It's because it says in the memo from
Speaker 1: an airport in Tampa floor.
Speaker 2: Think of this, think of this too, you know. You
Speaker 2: know Hogan gets this, obviously gets c C these letters,
Speaker 2: all right, So he gets this letter in the mail,
Speaker 2: and then I picture him at like a wooden desk,
Speaker 2: you know, glasses. You know, he's like sitting back, is
Speaker 2: kind of like flipping through the pages. What's this dude?
Speaker 2: Hm hm hm real brother, Yeah, totally totally. I'm not sure, dude,
Speaker 2: mm hmmm, I don't know what's what? Who's there?
Speaker 1: Yeah? Is he talking to the papers?
Speaker 2: Oh?
Speaker 1: H Like I'm reading this thing. It sounds like your
Speaker 1: contract's legit, dude. You sure there's not a clause in
Speaker 1: there that says they have the right to wire tap
Speaker 1: your phone? Dude, and know everyone who's calling you? Brother,
Speaker 1: But I.
Speaker 2: Want to know, I mean, bro, I just want to know, dude.
Speaker 2: I want my address had a public record, brother, Brother,
Speaker 2: it doesn't say here, dude, I'm just worrying. In this
Speaker 2: contract that you signed with ec W, does it say
Speaker 2: that by signed on this contract we're gonna wire tap
Speaker 2: Hulk Hogan's phone?
Speaker 1: Is that a clause? Brother?
Speaker 2: I mean, I have to deny it, brother, haven't. How
Speaker 2: can you tell me you're just kind of You're just
Speaker 2: kind of sitting here, brother, just I'm talking mean, silent dude.
Speaker 2: And here I'm trying to help you get to that
Speaker 2: next and here, I don't know what. I think CCW
Speaker 2: has tapped my phone and I think you had them
Speaker 2: do it.
Speaker 1: And we're not leaving this room until you've convinced me otherwise.
Speaker 2: Brother. I will hold you here, brother, against your will, dude.
Speaker 1: I'll do didn' contempt, dude. I don't care if I
Speaker 1: go to got to go to Nitro and leave you
Speaker 1: locked in this room, brother, I'll do it.
Speaker 2: I will I will hold you in contempt of Hulcomnia. Brother,
Speaker 2: how do you feel about that?
Speaker 1: That's awesome. I've been held in contempt of Hulcomania. There's
Speaker 1: a fucking shirt coming at my a million miles an hour.
Speaker 1: All right, So what about this at this airport?
Speaker 2: According to the memo, Oh yeah, Alfonzos verbally advised an
Speaker 2: ECW representative from an airport in Tampa, Florida, that he
Speaker 2: is traveling to another venue and we'll be engaging in
Speaker 2: services for another wrestling entity. Almost immediately, Oh.
Speaker 1: You're traveling to another venue, are.
Speaker 2: You, Sonal Willodell? Dude? Yeah. Number seven, Number seven a Tampa,
Speaker 2: Florida radio station. Would it be a about Junta.
Speaker 1: ECW veterans? Father? It says?
Speaker 3: Father.
Speaker 1: The buck follows.
Speaker 2: A Tampa, Florida radio station broadcast at a news report
Speaker 2: stating Alfonso will be appearing in WCW's April tenth Nitro programming.
Speaker 1: I hadn't heard that before that they actually said it
Speaker 1: on the radio.
Speaker 2: Number eight. Demand has been made of Alfonso for the
Speaker 2: return of e CW's property, namely the e c W
Speaker 2: Champion Belt. By the way, I love it, says, Champion
Speaker 2: Belt by the way number nine, Neither Alfonso nor obviously
Speaker 2: W was authorized to in any manner to display air
Speaker 2: or evidence of the belt on ww's programming, or in
Speaker 2: any manner whatsoever.
Speaker 1: So Fon, So a question for you is beginning this deposition,
Speaker 1: did you have any intention on April tenth, two thousand,
Speaker 1: of evidencing the ECW title on WCW television. I already
Speaker 1: know what you mean by.
Speaker 2: That, brother. You don't have to ask that question, dude.
Speaker 2: I object to that questioning.
Speaker 1: Mister Hogan, get under deposition right now.
Speaker 2: Brother. I'm gonna talk about deposition dude. I'm talking about
Speaker 2: snapping you it half. Brother.
Speaker 1: I'm talking about hiding the nine back surgeries, dude, twelve
Speaker 1: depending on what you count.
Speaker 2: Dude, we're talking about gott't been through depositions, dude. But dude,
Speaker 2: I've been depissed by every place.
Speaker 1: I was gonna hit you with I did that position
Speaker 1: or something I don't know would have been as good
Speaker 1: as that.
Speaker 2: You can do the dipizzle, brother, And I'm going to
Speaker 2: tell you right now, depo. All right.
Speaker 1: Well, you know the thing about the word depositions is
Speaker 1: it just doesn't work. You have to rephrase it to
Speaker 1: depot scizizzle, because when you do, I just remember that
Speaker 1: brilliant La law thing you cut for TNA. It's so true.
Speaker 1: It's these guys walking around talking about lawyers in the
Speaker 1: courts and legal games.
Speaker 2: And doing walking talks in the back like a TV show.
Speaker 1: Really, it's like a preface to TNAH and that this
Speaker 1: is evidence of Hogan like playing little lawyer games right
Speaker 1: and learning the ways of the law. The finding that
Speaker 1: second half.
Speaker 2: Of his life absolutely consequently, given the prior contract contacts
Speaker 2: by this office on behalf of w W and the
Speaker 2: events regarding ECW and the events regarding Alfonsa referred to above,
Speaker 2: ECW is considering seeking a temporary restraining order and or
Speaker 2: preliminary injunction for an appropriate federal court restraining not only
Speaker 2: Alfonso's appearance in WW programming, but the use of the
Speaker 2: belt while seeking enteralia damages for tortuous, tortious interference with
Speaker 2: the contractual rights of third parties. Hey, I'm here all
Speaker 2: about it? I heard third party. I'm here to talk
Speaker 2: about conspiracy, breach of contract, et cetera.
Speaker 1: Well, good, I'm glad you're here, Jess. I don't recall
Speaker 1: inviting you, but I'm glad you're here. Did I hear
Speaker 1: something about the driver rights of third parties?
Speaker 2: Let me well, when anyone, when anyone says third party,
Speaker 2: I end up showing up like a genie in a bottle.
Speaker 1: Anyone want to talk to me about the rights of
Speaker 1: third parties?
Speaker 2: I mean, hey, you know what we all talk about
Speaker 2: contractual rights. You know, we talk about unionizing all the
Speaker 2: different things that need to happen.
Speaker 1: We talk about no no clue who we is, no
Speaker 1: fucking idea. I mean, as a society, I have a
Speaker 1: week I have a weekly meeting where people discuss the
Speaker 1: opportunities of contractual rights for third parties. I have a
Speaker 1: weekly meeting where people discuss the opportunities for the contractual
Speaker 1: rights of third parties. It's the National Third Party Rights
Speaker 1: Protection Association, the NTPR. A new trumpaw Trump now TRAPAE.
Speaker 1: That's something you wear a polo too with a lanyard
Speaker 1: on right, Oh God, with a little son and logo.
Speaker 2: Oh you like that?
Speaker 1: You get like chicken tenders from the convention center kitchen
Speaker 1: for you know, during the break from in between breakout sessions.
Speaker 2: Do you have curly fries? Big fan of curly fries?
Speaker 2: Do you have them.
Speaker 1: I like sheez. Calm down, sir, you didn't give me
Speaker 1: a chance to answer. I like them curly.
Speaker 2: You know, I enjoyed the spice that goes into a
Speaker 2: curly fry.
Speaker 1: Oh so here's the premise, right situation. You guys, at
Speaker 1: some point in your hours and hours of ten years
Speaker 1: of podcasting, start talking about how Jesse is a big
Speaker 1: enthusiast of the spice that's put onto curly fries to
Speaker 1: make them curly fries. Now, granting that as being the case,
Speaker 1: the trivia question is what subject would lead you to
Speaker 1: that discussion.
Speaker 2: This is gonna be one of those, uh, one of
Speaker 2: those moments that people are trying to find the episode
Speaker 2: because they have no fucking clue where it could possibly
Speaker 2: be like that.
Speaker 1: To be a colisseum collection because he suited them over
Speaker 1: being on the videos, it's got to be a show,
Speaker 1: he commentated on in WW for WCW. No, it's the
Speaker 1: episode we did where we read Mike Awesome's BCW contract
Speaker 1: and it happened to be the word third party. How
Speaker 1: dare they.
Speaker 2: Don't they know?
Speaker 1: No, they don't.
Speaker 2: Oh god.
Speaker 1: It also says what does it say after third parties?
Speaker 1: By the way, conspiracy of contract kidding me, conspiracy on
Speaker 1: top of.
Speaker 2: It, third party conspiracy.
Speaker 1: Let me ask you who's the big kahuna in this deal?
Speaker 2: That's what I want to know. I want to know
Speaker 2: exactly who the big cahune is, where they've been, what
Speaker 2: they're doing.
Speaker 1: Now, who's the big sal on this deal? Hey?
Speaker 2: You know what I want to know exactly who Who's
Speaker 2: Who's who's feeding everybody that chalcolate? Oh?
Speaker 1: Is that what that is that everyone in the locker
Speaker 1: room is eating. It looks white, not brown. Is it
Speaker 1: white chocolate?
Speaker 2: It's white chocolate from Belgium. The foregoing continue. The foregoing
Speaker 2: an neither claims our actions. The ECW takes lightly and
Speaker 2: prefers to and prefers not to have to take steps
Speaker 2: seeking injunctive or other expedited relief. I'm less justified. The
Speaker 2: foregoing dissertation sets forth such justification unless WCW denies any
Speaker 2: involvement with Alfonso and advises Alfonso it is not now
Speaker 2: and will not in the immediate future, use Alfonso services
Speaker 2: or the bell. Therefore, please write to the end assigned
Speaker 2: for receipt no later than one pm New York Today time,
Speaker 2: New York Today time, yeah, I know confirming WWA will
Speaker 2: not be using Alfonso live or by tape on its programming,
Speaker 2: including but not limited to Nitro, on April tenth, two thousand,
Speaker 2: for any hour, any of the time.
Speaker 1: You might be wondering, well, like Austin did appear in
Speaker 1: that Nitro, so how did this go down? This is
Speaker 1: all leading towards a confidential settlement and the terms career
Speaker 1: that awesome can appear if you do. I'm sure there
Speaker 1: was a payment, you know, I'm sure that helped Yep.
Speaker 1: And you know you agree that he can come back
Speaker 1: and lose the ECW title in an ECW building at
Speaker 1: a future Yeah.
Speaker 2: B will not be using ECW Savyweight Champion belt live
Speaker 2: or by tape on its programming, including but not limited
Speaker 2: to Nitro, on April ten, two thousand, or at any
Speaker 2: other time. And see it is not interfering in any
Speaker 2: manner and in any other manner with the ECW's contractual
Speaker 2: rights with Alfonso.
Speaker 1: Longtime fans, remember where you were the afternoon of April tenth,
Speaker 1: two thousand. You know you're reading the websites. You know
Speaker 1: that this is a big relaunch Nitro with the Bischoff
Speaker 1: Russo erastarting. You've you know, you've been along for the
Speaker 1: ride with the hype, and that afternoon you're thinking about
Speaker 1: what they're going to do tonight on Nitro and looking
Speaker 1: forward to it. And meanwhile in New York State and
Speaker 1: their lawyers are frantically because it's dated April tenth, putting
Speaker 1: this letter together so they can rush at the courthouse
Speaker 1: to try to stop Mike Austin from showing up that night.
Speaker 1: Just love it so much.
Speaker 2: Failure to receive such an absolute written confirmation will force
Speaker 2: a CW to seek an addition to the relief referred
Speaker 2: to above damages in excess.
Speaker 1: He's trying to wipe out all the debt in one
Speaker 1: legal maneuver.
Speaker 2: Here.
Speaker 1: It really is what's that number you see there.
Speaker 2: In excess of one hundred million dollars?
Speaker 1: Well, you know, I understand how they arrive at being
Speaker 1: damaged to the tune of one hundred million dollars. If
Speaker 1: Mike Austin goes on Nitro with the title have they
Speaker 1: have they ever? I mean, what do they have that's worth?
Speaker 1: Now that's a value the company?
Speaker 2: Is it that much? I would have figured it's less,
Speaker 2: But okay, I'm sure.
Speaker 1: The company is worth less. My point is it's it's
Speaker 1: it's that andsome. Yeah, based upon m should have told Vince,
Speaker 1: by the way that he can get a hundred million
Speaker 1: dollars for Brett going with the belt back in ninety seven.
Speaker 2: I'm sure then it will. Oh my god, go ahead
Speaker 2: and take the belt. See what happens. I'll justign a
Speaker 2: new one, bring it out a Nitro pal it anyway, fucker,
Speaker 2: among other things. A plan based upon, upon other things,
Speaker 2: a plan, a scheme or designed by w CW and
Speaker 2: or Alfonso do one tomine destroy a negatively effect ecw
Speaker 2: it's organization, employees, independent contract is and like please take
Speaker 2: the advice contained.
Speaker 1: Here and seriously, great fucking sentence.
Speaker 2: This is not intended to simply be a threat, but
Speaker 2: a promise of action if an appropriate denial is not
Speaker 2: timely received.
Speaker 1: That sounds like the Paul Haman promo on TNN.
Speaker 2: Oh.
Speaker 1: Yes, this is not intended to simply be a threat,
Speaker 1: but a promise of action if an appropriate denial is
Speaker 1: not timely received.
Speaker 2: This time is of the essence as a result of
Speaker 2: the timing of the Nitro programming schedule to air tonight.
Speaker 2: Very truly yours, Stephen R. Stern.
Speaker 1: It was dictated apparently, and C seed is Paul Hayman,
Speaker 1: Steve Corell Carroll. They pronounce it Carol and I say
Speaker 1: Steve Corell is the actor.
Speaker 2: But oh yeah, of course.
Speaker 1: But that was a guy who was sort of like
Speaker 1: a shadowy figure around ECW. I remember one time Just
Speaker 1: Incredible did a k Fabe commentary's documentary and he was like,
Speaker 1: as far as I know, this guy was mob like.
Speaker 1: He would just be around and like, you know, I
Speaker 1: think Just Incredible's wife for time work the ACW merchandise
Speaker 1: tables at the show had a job doing that, and
Speaker 1: he would called it, you know, a couple of times
Speaker 1: or at least once where the words just like, just
Speaker 1: give Steve Carroll all the money, Just give it all
Speaker 1: to him, all the money that you collect for all
Speaker 1: the T shirts. Just put it in his hand.
Speaker 2: Sounds like chas pulmonary and in bullets over Broadway.
Speaker 1: Yeah, it does it? What he does that he collects
Speaker 1: T shirt money?
Speaker 2: Well, No, he's basically just a guy standing in the
Speaker 2: I mean he he's a guy standing in the corner,
Speaker 2: you know, kind of watching things go down, right, and
Speaker 2: then involves himself when necessary.
Speaker 1: It's the kind of thing you do, like that sight
Speaker 1: unseen without accounting for it. It's just that's what you
Speaker 1: do when you owe the person that's collecting more than
Speaker 1: way more than this in the envelope.
Speaker 3: You know.
Speaker 1: Yeah, yeah, we're just we're just trying to keep the
Speaker 1: floodwaters at bay. Here's the loan shark. I don't know.
Speaker 1: I mean, I'm not trying to say that, you know,
Speaker 1: it's it's at all settled fact that Steve Carroll did that.
Speaker 1: I'm just saying when Justin Credible said that, I thought
Speaker 1: that was really interesting, seem naming it and also Ccedan
Speaker 1: Tcherikowski Esquire. Now Jean Tcherikowski is funny because when guys
Speaker 1: stopped getting paid towards the end of VCW, they would
Speaker 1: often get bounced around between Haym and his assistant I
Speaker 1: think her name is Debbie and this guy and like
Speaker 1: he was people didn't know who he was, Jean Cherikowski.
Speaker 1: It's not like he'd go to the shows and people
Speaker 1: actually started to wonder, is there a Jeene Tcherikowski? Like Wow,
Speaker 1: does this guy even exists? This guy they keeps wow,
Speaker 1: telling me has the answers on where my money is,
Speaker 1: but I don't know, you're not seeing him on legal
Speaker 1: correspondence like this that you don't really intend for the
Speaker 1: public to see if he doesn't exist.
Speaker 2: So I guess, oh maybe maybe, well maybe they're trying
Speaker 2: to keep it, you know, keep it h I don't know,
Speaker 2: keep it, keep it real in a way, keep it real. Yes,
Speaker 2: it's completely it's completely bullshit.
Speaker 1: So there had been a letter as well on April eighth,
Speaker 1: two days before that, one to w CW, this one
Speaker 1: to UH to Mike ast him himself, and it's address
Speaker 1: now you know, it's intimated there in that letter that
Speaker 1: there had already been, you know, an understanding that this
Speaker 1: was happening, and they were in contact with Mike Austome
Speaker 1: trying to figure out what the fuck he's planning to
Speaker 1: do by missing these shows. And two days before they
Speaker 1: sent to a memo that says, you know, we've reviewed
Speaker 1: the agreement. Don't forget that that exists. And you were
Speaker 1: supposed to appear on April six, two thousand in Cleveland,
Speaker 1: in April seven, two thousand and War in Ohio, and
Speaker 1: April eighth and Buffalo, which was a TV taping, and
Speaker 1: so they they highlight the pertinent parts of the contract
Speaker 1: that they say, you know makes you exclusive to us.
Speaker 1: They say, in and a telephone conversation with Steve Carroll,
Speaker 1: you stated you did not intend to appear at the
Speaker 1: Buffalo event ECW Buffalo event, and that other things are
Speaker 1: going to happen. So this, this note sort of signed
Speaker 1: by Eugene Trakowski by the way, who was alone with them,
Speaker 1: kind of lays out like the fact pattern of we
Speaker 1: talked to you, and this is what you told us,
Speaker 1: and this is why we have reason to file suit
Speaker 1: because we documented what you said back and forth. Here's
Speaker 1: the exclusivity clause, all the rest. Now this will be
Speaker 1: we'll get into that a bit more detail, because they're
Speaker 1: affidats filed by Carol by Paul Hayman and others in
Speaker 1: the lawsuit. That's just the letter like kind of threatening
Speaker 1: the lawsuit. But there's reference made to this contract. And
Speaker 1: I never thought we'd see one of these babies. But
Speaker 1: it's funny because one thing that happened in the middle
Speaker 1: of all this, not this particular episode, but this time
Speaker 1: period in ECW was Steve Corino's contract. His ECW contract
Speaker 1: somehow got leaked to the newsletters. Really, yeah, Yeah, he
Speaker 1: talks about it on its our video shoot interview. I
Speaker 1: don't remember it happening at the time. I think it
Speaker 1: was it was referenced on Meltzer had a hot line
Speaker 1: back then, and the discussion makes me think it was
Speaker 1: on the hotline, but not necessarily in the print newsletter. Nonetheless,
Speaker 1: you know he viewed it Karino to hear him talk
Speaker 1: about it as kind of a game to kind of,
Speaker 1: you know, establish some kind of leverage. You know, you
Speaker 1: usually leak contract details when you feel like someone's getting
Speaker 1: too big for their breeches or you want the public
Speaker 1: to kind of turn on them by being realizing what
Speaker 1: it is they're getting, you know, And he was like
Speaker 1: pretty pretty appalled. Just one day everybody knew the details
Speaker 1: of his contract. Paul of course swore to Steve Corino's
Speaker 1: face that he did not give it to anybody. So
Speaker 1: maybe it was Gene Tcherkowski, who knows.
Speaker 2: It'd be amazing.
Speaker 1: But here is the independent contractor agreement. In the spirit
Speaker 1: of you know, our Saturday Nights Made event Night ninety
Speaker 1: two episode where we read Ultimate Warriors contract. Yes, let's
Speaker 1: keep that up. Let let's add to the TLF contract
Speaker 1: database and understanding of the the eyes and no's and
Speaker 1: the ex's nose, I should say, of wrestling contracts at
Speaker 1: the end of time period, independent contract or agreement.
Speaker 2: Do you have it?
Speaker 1: There were page twelve of our.
Speaker 2: Document, page twelve. All right, so this is what they
Speaker 2: look like.
Speaker 1: This is what Mike Austin signed the Day of Anarchy
Speaker 1: Rules nineteen ninety nine.
Speaker 2: So generic contract number one, the hold on one second, sorry, okay,
Speaker 2: independent contractor agreement. This independent contractor agreement be quote agreement
Speaker 2: unquote is made and entered into as of September nineteen,
Speaker 2: nineteen ninety nine by in between h HG Corp, a
Speaker 2: New York corporation located at sex as Elia Court.
Speaker 1: Well let's not yeah, let's leak, right, So this is
Speaker 1: uh hhd is the corporation that was foreign to you know,
Speaker 1: run ECWS.
Speaker 2: Me, the uh the horrible Hayman Group maybe figure trying
Speaker 2: to guess something.
Speaker 1: I remember if someone ever's it's got to be one
Speaker 1: of the books what that stood for. But all of
Speaker 1: a sudden, people started getting contract checks that instead of
Speaker 1: saying extreme damge of wrestling and said AHHG Corp. And
Speaker 1: they were like, what the fuck is going on? Here,
Speaker 1: just cash it and call it a day. Well, if
Speaker 1: it bounced, that was the problem, they'd be glad to
Speaker 1: gash him.
Speaker 2: Yeah, and Michael Alfonso professionally known as Mike Awesome, whose
Speaker 2: address is redacted, for an inconsideration of the mutual promises
Speaker 2: and agreements contained here in another good and valuable consideration,
Speaker 2: the receipt and sufficiency of which is hereby acknowledge, The
Speaker 2: parties hereby agree as follows one services letter a ECW
Speaker 2: grease to retain the services of wrestler As stated in
Speaker 2: this agreement, Wrestler Grease provide the following services the quote
Speaker 2: services unquote number one up here and perform as a professional.
Speaker 1: What is he to do?
Speaker 2: Appear and perform as professional wrestler at events, including, without limitation,
Speaker 2: live and tape television shows, pay per view telecasts, live
Speaker 2: arena shows, and any other promotional events as may be
Speaker 2: determined in ECW's soul discretion.
Speaker 1: That's such a rich phrase. Appear as a professional wrestler.
Speaker 2: Yeah, dimensions don't actually be ar wrestler, not real you
Speaker 2: The peer is one number two. Appear at all events,
Speaker 2: at time and place as designated by ECW.
Speaker 1: This is interesting. This is listed but crossed out, which
Speaker 1: means that I guess he you know, took a look
Speaker 1: at the deal and and uh redline did a bit
Speaker 1: but ride.
Speaker 2: Number three provide all wardrobe, props and makeup necessary for
Speaker 2: his performance at any event, provided, however, all such items
Speaker 2: shall be subject to approval by ECW prior to their
Speaker 2: use in an event. That sounds like an ECW redline
Speaker 2: because it takes out an obligation away from them. So
Speaker 2: cooperate with and assist in activities not to be counted
Speaker 2: as events intended to public, size, advertise, and promote events,
Speaker 2: including but not limited to, media interviews and other publicity
Speaker 2: appearances as determined by ECW in its sole discretion. Number
Speaker 2: five perform such other services as may be reasonably requested
Speaker 2: by ECW. Wrestler agrees to use his best efforts to
Speaker 2: perform the services in a manner consistent with the customs
Speaker 2: of the professional wrestling industry and consistent with the discret
Speaker 2: directions and advice of ECW. Wrestler shall perform such services
Speaker 2: as and when requested orally or in writing by ECW
Speaker 2: from time to time.
Speaker 1: I have to say from time to time. So that's
Speaker 1: bizarre when requested.
Speaker 2: Wrestler agrees that ECW shall have the soul right in
Speaker 2: its exclusive dirtch discretion to levy a fine against wrestler
Speaker 2: as an offset to payment for services due if wrestler
Speaker 2: is tardy, fails to appear at an appointed time, or
Speaker 2: appears but is under the influence of.
Speaker 1: Alcohol or Samman didn't sign this yeah right, or drugs,
Speaker 1: and is unable to properly perform his duties under this agreement.
Speaker 1: To quick a couple of notes. So, first of all,
Speaker 1: ten nine bitch, Yeah, we're very much there.
Speaker 2: Yeah.
Speaker 1: No, I don't work for you. A Are you gonna
Speaker 1: play my employment taxes? Am I title to health insurance?
Speaker 1: You're gonna pay the Social Security for me? Well, can't
Speaker 1: be putting all these requirements on me. I'm a independent contractor.
Speaker 1: I come and I do my job as I the
Speaker 1: best way I'll see.
Speaker 2: Listen, you're not fucking tell me when to be there, right, Jesus,
Speaker 2: that's ridiculous, fucking independent contractor ten ninety nine.
Speaker 1: That's what I'll write on your time sheet. That's what
Speaker 1: he wrote on the TNA time sheet, because they wanted
Speaker 1: guys to write down when they got to the building,
Speaker 1: like clock in he wrote ten, Yeah, I mean this
Speaker 1: fucking unbelievable.
Speaker 2: The brass Cahones that's so true, said he lives for
Speaker 2: a fight, like he would much rather fight about that
Speaker 2: than actually do the job.
Speaker 1: You know, he's one of those guys, you know.
Speaker 2: Oh yeah, he much rather be in like a.
Speaker 1: You know, he'd much rather be in like a grievance
Speaker 1: meeting than actually be on the floor doing the work,
Speaker 1: you know. Yeap, So we have we have a couple
Speaker 1: of things. One, it's funny when Vince talked about how
Speaker 1: you'd be paid in the Warrior contract, remember in in
Speaker 1: in accordance with the customs of the wrestling industry. Yes, like,
Speaker 1: there's like this formula that all these exactly exactly. So
Speaker 1: this kind of shows up again a manner consistent with
Speaker 1: the customs of wrestling. It's not in regards to payment,
Speaker 1: but it's in regards to sort of what services a
Speaker 1: promoter can reasonably expect of a pro wrestler, in addition to,
Speaker 1: you know, with things such as media appearances and non
Speaker 1: ring appearances. Now, while that's all crossed out. Point three
Speaker 1: about the wardrobes, there is something It says that there
Speaker 1: are a handwritten notes at the bottom of this page. Yes,
Speaker 1: one is you know, the Roman numeral three was much
Speaker 1: be that cross through and it says out omitted and
Speaker 1: it's initial pH which has to be Paul Hayman.
Speaker 2: Yeah, and it appears to be and m A as well,
Speaker 2: Mike Awesome.
Speaker 1: Yeah, Michael Fonzo probably good call, excellent, Yeah, right, showing
Speaker 1: they both agree. And FORER point four, which is the
Speaker 1: one where it talks about how he'd have to participate
Speaker 1: in interviews and publicity appearances, they wrote for a dendum
Speaker 1: limit four days per week. And it's signed by pH
Speaker 1: and Mike Austome. So apparently they couldn't require them to
Speaker 1: do that kind of stuff more than four days a week.
Speaker 2: Okay, all right, Moving on, Wrestler agrees at ECW shall
Speaker 2: have the Soul Ride in its exclusive discretion to levy
Speaker 2: fine against you. I said that one already b in
Speaker 2: connection with Wrestler's performance of the services, Wrestler grants ECW
Speaker 2: the following exclusive world wide rights one to arrange Wrestler's
Speaker 2: performance or appearance at events, arrange arrange number two to
Speaker 2: sell or distribute admission tickets for all events yea. And
Speaker 2: this has to be in the contract. Yeah great, if
Speaker 2: you fucking sell the tickets, I'm not going to do that.
Speaker 2: Good job. Number three to publish, distribute, broadcast, photograph, film, tape,
Speaker 2: or otherwise record or authorize others to do so in
Speaker 2: any and all available media, any or all of the events.
Speaker 2: Any such recording of an event shall be referred to
Speaker 2: as a program. And Number four to use, exhibit, license,
Speaker 2: and distribute in perpetuity any or all of the program
Speaker 2: or any part of a program. ECW and Wrestler acknowledge
Speaker 2: and agree that they have entered into that certain merchandising
Speaker 2: agreement of even date herewith, of even date herewith that means,
Speaker 2: with respect to certain specified merchandising activities, Wrestler expressly acknowledges
Speaker 2: and agrees that the rights granted to ECW in section
Speaker 2: one B four shall continue in effect after the termination,
Speaker 2: expiration or non renewal of this agreement.
Speaker 1: That means, you know, when when this contract expires, we
Speaker 1: still have the right to exhibit, you know, all the
Speaker 1: tapes of what you did.
Speaker 2: Yep. Number two independent contractor.
Speaker 1: Let's read this closely. Hey, you know they wone have
Speaker 1: a monocle.
Speaker 2: Yeah, let me get my fucking magnifying glass for this
Speaker 2: one wrestler, in the performance of the services agreed to
Speaker 2: and this agreement is an independent contractor, all right, now
Speaker 2: the performance Yeah, all right, I'm thinking that I get it.
Speaker 2: I get it. You don't want any fucking responsibility, all right,
Speaker 2: And the performance of disagreement, Both ECW and wrestler shall
Speaker 2: be acting in their own separate capacities and not as agents, employees, partners,
Speaker 2: joint ventures, or associates of one another.
Speaker 1: I'm not your employee, I'm not your agent, I'm not
Speaker 1: your joint venturer.
Speaker 2: All right, you're a claw. Ain't for me?
Speaker 4: Right?
Speaker 1: And this was the next sentence is crossed out but
Speaker 1: is listed.
Speaker 2: Yes, wrestler is responsible for all of his expenses, including
Speaker 2: without limitation, medical expenses, training expenses, props, wardrobe, makeup, and
Speaker 2: other expenses necessary to perform services under this agreement.
Speaker 1: So yeah, making the wrestler responsible for you know, expenses
Speaker 1: is of course part of the tradition of wrestling as well.
Speaker 1: Fascinating that it's crossed out and initial by Hayman and
Speaker 1: Mike Awesome. I wonder how many guys that thought they
Speaker 1: were top guys at East Stubby didn't have that cost out. Yep,
Speaker 1: I bet he was the only one.
Speaker 2: I'm sure he was. Without limiting the generality of the
Speaker 2: foregoing wrestler acknowledges that as between ECW and wrestler, wrestler
Speaker 2: shall be solely responsible and liable for the payment of
Speaker 2: any and all withholding or other tax levied assessed to
Speaker 2: do as a result of the services which are performed
Speaker 2: by wrestler under this agreement.
Speaker 1: Tell me where I have to be and when?
Speaker 2: And you're not even offering with holding services I mean ship, dude,
Speaker 2: you know fucking W four my ass. He would have
Speaker 2: been a great manager for IRS. Oh my god, can
Speaker 2: you imagine? Oh shit, dude, you're an independent contractor? Yeah,
Speaker 2: I can't fucking just yeah whatever, I'm not paying your
Speaker 2: fucking taxi dude.
Speaker 1: What is uh? What is Kevin Nash's favorite Japanese fight promotion?
Speaker 2: What? K one? My fucking schedule K one? Baby?
Speaker 1: Fuck yeah, I'll be there. You had a schedule K
Speaker 1: one and then you had the K one schedule. What
Speaker 1: was the show where they said VI Nash's favorite Japanese
Speaker 1: promotion is K one must have been like New Blood
Speaker 1: Rising two thousand. Let me tell you it's certainly not
Speaker 1: the K one show. Fucking did.
Speaker 2: No I know.
Speaker 1: The prime suspect. No, that's also the mic Awesome contract episode.
Speaker 2: Yeah uh. Compensation as full and completed compensation for the
Speaker 2: services ECUW shall pay to wrestler, and wrestler shall accept
Speaker 2: the payments subscribed on Exhibit A attached here too and
Speaker 2: incorporated herein by reference number four.
Speaker 1: Ownership of work product, ownership of human being, or how
Speaker 1: about ownership of worked product? How about that.
Speaker 2: All work product themes, routines, characters, storylines, property, data, documentation,
Speaker 2: or information or materials conceived, discovered, developed, or created by
Speaker 2: wrestler pursuing to his To this agreement, including without limitation,
Speaker 2: the program ms collectively, the work product shall be owned
Speaker 2: exclusively by ECW to the great to the greatest extent possible.
Speaker 2: Any work we can't go that fast.
Speaker 1: This one's good to keep going.
Speaker 2: Any work products shall be deemed to be a.
Speaker 1: Here's a T shirt.
Speaker 3: Fire up the kiln, baby, we're cooking with gas on this.
Speaker 3: What does it say, work made for higher? Put a
Speaker 3: ring on the shirt, work made. I gotta, I mean,
Speaker 3: I gotta write these down already. I mean the ship
Speaker 3: work made for higher, interaction made for higher wrestling contract.
Speaker 1: I would, oh my god, talk about four words. I
Speaker 1: would never think to arrange in that order. And and
Speaker 1: just how deep, how deep with double and triple on
Speaker 1: tendres it is when you're talking about pro wrestling. I
Speaker 1: like how they have rights to all routines, not just
Speaker 1: product deams, characters and storylines routines. So I wonder if
Speaker 1: they could like claimed dominion over like, you know, a
Speaker 1: series of moves that Mike Awsam would do, or a
Speaker 1: series of gestures he would make.
Speaker 2: What was the other one? Oh no, there was in
Speaker 2: contempt of full Commania? What was it? I find you
Speaker 2: in contempt of full Commania.
Speaker 1: That's a good one, brother.
Speaker 2: Oh shit, okay, all right? Uh work made for hire
Speaker 2: s to find. In the Copyright Act seventeen USCA one
Speaker 2: oh one, esquire sequence Stupid has m ended and owned
Speaker 2: exclusively by e CW Wrestler hereby unconditionally and irrevocably transferms
Speaker 2: and assigns to ACW all right title and interest in
Speaker 2: or to any quirk product, including, without limitation, all patents, copyrights,
Speaker 2: trade secrets, trademarks, service marks, audience marks.
Speaker 1: I was gonna say, that's another one.
Speaker 2: And other intellectual property right therein. Wrestler agrees to execute
Speaker 2: and deliver to ECW any transfers assignments of documents. I
Speaker 2: have to do this.
Speaker 1: When they used to do tribute to the troop shows. Yes,
Speaker 1: what's a word you could use for the audience?
Speaker 2: M Uh marksman, that's good one.
Speaker 1: Now you just read it.
Speaker 4: Service marks, service marks, Oh God, service marks, fucking idiots?
Speaker 2: Uh, documents or other instruments which ECW may deem necessary
Speaker 2: or appropriate from time to time to vast complete title
Speaker 2: and ownership of any work product and all associated intellectual
Speaker 2: property and other rights exclusively to ECW during the performance
Speaker 2: of the services. Wrestler shall be responsible for any loss
Speaker 2: or damage to any pork product while in the possession
Speaker 2: of wrestler. Wait, Wrestler shall be responsible for any loss
Speaker 2: or damaged any work product while in the possession of wrestler.
Speaker 1: What is that any I guess anything that like, if
Speaker 1: he has a tape, or if he has a prop
Speaker 1: or if he has a title belt or something and
Speaker 1: he damages it and it's damaged, whil's in his possession,
Speaker 1: he's responsible. I wonder if that was a Chris Jericho's
Speaker 1: contract when he left the fucking aw title in the
Speaker 1: parking lot at the Apple Berria, whatever it was.
Speaker 2: There, you go and they'd stole it, and any loss
Speaker 2: or damage there too shall be restored at wrestler's expense.
Speaker 2: ECW shall have full immediate and unrestricted access to all
Speaker 2: pork product during the term of this agreement.
Speaker 1: Here's a handwritten note four A. So that's in Denver.
Speaker 1: The section it's handwritten, ECW acknowledges Alfonso's ownership ownership of
Speaker 1: what do you think that says? O name likeness, name,
Speaker 1: name and likeness. That's the name and likeness at all
Speaker 1: of Mike Awesome at all of Mike Awesome Wow. So
Speaker 1: he can take the name. They're not claiming he was
Speaker 1: Mike Awesome before this.
Speaker 2: So five Compliance with laws, rules and regulations. A wrestler
Speaker 2: agrees to comply with all applicable, applicable policies, rules, procedures,
Speaker 2: and regulations adopted from time to time by ECW time
Speaker 2: eleven time will adopt. It seems to be an important clause.
Speaker 2: I guess I don't know that's there. If they like
Speaker 2: try to impose something every two hours, you know there's
Speaker 2: a certain limitation too, and all other applicable federal, state,
Speaker 2: and local laws, rules, regulations, and ordinances. Six gurgitations. What
Speaker 2: is it?
Speaker 1: I think that's says. I don't know what that says.
Speaker 1: Something in warranties. Maybe representations and warranty.
Speaker 2: Yeah, yeah, representations and warranties. Wrestler hereby represents and warrants
Speaker 2: to ECW. As follows, a wrestler has the full power, authority, ability,
Speaker 2: and legal right to execute and deliver this agreement and
Speaker 2: to perform his obligations here under b wrestler has all
Speaker 2: legal rights, power, authority, and ability to convey the work
Speaker 2: product to ECW.
Speaker 1: So, you know, some call it working, some call it performing,
Speaker 1: some call it competing, some call it entertaining. ECW contracts
Speaker 1: call it conveying.
Speaker 2: The work product. That's right of all of all the
Speaker 2: things that extreme, you know, extreme mpsy dressling. You should
Speaker 2: not be talking about it as a work product.
Speaker 1: Unbelievable, best conveyance of work product of the year, YESSO
Speaker 1: match of the year.
Speaker 2: Yes, indeed, who conveyed the best work product.
Speaker 1: Promotion of the year.
Speaker 2: Absolutely, this agreement constitutes the legal, valid and fully binding
Speaker 2: obligation of wrestler and is enforceable in accordance with its
Speaker 2: terms D. The execution, delivery, and performance of this agreement
Speaker 2: have been consented to and authorized by all individuals or
Speaker 2: entities required to consent to and authorize the same. Will
Speaker 2: not contravene any law, regulation, judgment, or decree applicable to wrestler,
Speaker 2: and will not cause or result in a breach or
Speaker 2: of or default under any other agreement, contract or understanding
Speaker 2: to which wrestler is a party. E. There are no
Speaker 2: pending claims or litigation which would or might interfere with
Speaker 2: the performance of Wrestler's obligations or the enjoyment of ECW's
Speaker 2: rights under this agreement.
Speaker 1: This one's fascinating indemnification. It's there, but it is crossed
Speaker 1: out in its entirety.
Speaker 2: Yep uh indemnification. Wrestler agrees to him, demnify, defend, and
Speaker 2: hold harmless easy w it's directors or officers going for that. Yeah,
Speaker 2: no way, and their respective agents, officers, and employees against
Speaker 2: any and all suits, damages, expenses, including without limitation, court costs,
Speaker 2: attorney fees, and aligable costs of in house council of
Speaker 2: in your house council.
Speaker 1: Right, I was going to say before it talked about
Speaker 1: the execution, delivery and performance of this agreement. Bredheart's contract
Speaker 1: said the excellent execution delivery.
Speaker 2: Damn right it did. Now I wonder if a new.
Speaker 1: Jack's indemnification clause was also crossed out. Something tells me
Speaker 1: it wasn't. Yeah, tells me he wouldn't be successful if
Speaker 1: you try to sue e w if he could never
Speaker 1: walk again after living dangerously two thousand.
Speaker 2: Loss his liabilities and claims any kind caused by or
Speaker 2: resulting from any breach of this agreement or any other
Speaker 2: acts or omission of wrestler, whether the same maybe the
Speaker 2: result of negligence will full act responsibility under strict liability
Speaker 2: standards and the other substandard conduct or otherwise.
Speaker 1: A huge thing for him to delete. For Mike awesome, Yeah,
Speaker 1: I'll say, I just know it being dated in anarchy
Speaker 1: rules the day they put the belt on him. That
Speaker 1: just tells me like they're in a scramble, you know.
Speaker 2: And almost agreeing to whatever the fuck he wants.
Speaker 1: Pretty much. Yeah, like any little thing who's gonna quibble
Speaker 1: about they would they would just cross it out.
Speaker 2: Eight terms and termination a unless sooner terminated in accordance
Speaker 2: with the provisions of this agreement. The term of this
Speaker 2: agreement shall be described as an in shall be as
Speaker 2: described in Exhibit A attached here to and incorporated herein
Speaker 2: by reference B. Wrestler may terminate this agreement upon the
Speaker 2: occurrence of any material breach of any provision here up
Speaker 2: by ECW which remains uncured for a period of ninety
Speaker 2: scratch that, thirty consecutive days.
Speaker 1: Yeah, and that's huge because when they were to go
Speaker 1: to the mat with like Saboo and stuff over the contracts,
Speaker 1: they would try to make the case the wrestler would
Speaker 1: that you already breached the contract and the amount of
Speaker 1: time passed that you didn't cure the breach, so I
Speaker 1: was free to go and pretend that I didn't have
Speaker 1: a contract. That's like the game you play. Hogan did
Speaker 1: the same thing. You remember he did the same thing
Speaker 1: in the Vince Russo lawsuit where he was like, Yep,
Speaker 1: contract isn't valid. I'll cash I'll cash millions of dollars
Speaker 1: of checks that are only being sent to me because
Speaker 1: of the contract. Yeah, but it's been it's been breached.
Speaker 1: I'll totally and I'll still cash the checks after the breach.
Speaker 1: It's an effect for that, but it's not an effect
Speaker 1: for the purposes of uh yeah, you know, of controlling
Speaker 1: me and so yeah, like you said, it says ninety
Speaker 1: days to cure, but this crossed out and says thirty
Speaker 1: initial Paul Hayman might assume Michael Fonso.
Speaker 2: See this agreement shall terminate automatically upon the death or
Speaker 2: incapacity mixed that of wrestler.
Speaker 1: How fucking ECW is that?
Speaker 2: Yeah?
Speaker 1: I mean if you're going to like put a clause
Speaker 1: in an ECW contract that negates the whole thing if
Speaker 1: someone's incapacitated, like you're gonna have me go out there
Speaker 1: and try to incapacitate myself every every single night and
Speaker 1: not be protected.
Speaker 2: You know.
Speaker 1: Some Mike got that crossed out.
Speaker 2: Yep.
Speaker 1: Hey, that's good to know. Like maybe new Jack's agreement,
Speaker 1: you know, had that crossed out because it terminates if
Speaker 1: he dies anyway, Yeah, right, it's fucking crazy.
Speaker 2: The ECW may immediately terminate this agreement upon the occurrence
Speaker 2: of any material breach of any provision to hearo by wrestler.
Speaker 1: That's what everybody to know that in four years or
Speaker 1: two years, when people start talking conversationally, like did you
Speaker 1: know that ECW contracts terminated upon the death of the wrestler,
Speaker 1: and they use that as a laugh line and that
Speaker 1: everyone always knew that.
Speaker 2: You just know that it was started here. It started here.
Speaker 1: We're not going to be we're not going to say
Speaker 1: more about it than that. But people within the sound
Speaker 1: of my voice know the significance is what I'm saying.
Speaker 2: You know, you know they know d ECW may immediately
Speaker 2: terminate this agreement upon me a currents of any material e.
Speaker 2: During the term of this agreement, wrestler shall perform the
Speaker 2: services exclusively for ECW, and shall not directly or indirectly
Speaker 2: be employed by, perform services for, or engage or be
Speaker 2: connected in any manner with any other individual entity or
Speaker 2: wrestling business.
Speaker 1: Okay, so it says or business and they wrote in
Speaker 1: with a little mark wrestling business.
Speaker 2: So signed pH Yeah, because without.
Speaker 1: Wrestling in there, it could be like, you can't appear,
Speaker 1: you know, you can't make money running a hot dog stand,
Speaker 1: you know.
Speaker 2: Right, you can't. Yeah, exactly, you can't make money, you know,
Speaker 2: flashing your dick around on the corner.
Speaker 1: Sandman.
Speaker 2: Try further in the event that at the end of
Speaker 2: any term as provided here in ECW desires to enter
Speaker 2: into an agreement for any further term, but wrestler does
Speaker 2: not wish to do so because he has received an
Speaker 2: offer from a competing wrestling slash sports entertainment organization or entity.
Speaker 1: I got an offer from WWF. My contract is says
Speaker 1: I can't go to work for any other wrestling company.
Speaker 2: That's right, that's right. We're an entertainment company.
Speaker 1: I have to worry about that.
Speaker 2: Pal.
Speaker 1: I had Jerem McDavid look it over.
Speaker 2: And we do.
Speaker 5: We do.
Speaker 2: They're athletically induce entertainment induced.
Speaker 1: Imagine if all these years that was the real reason
Speaker 1: that he insisted on calling it sports entertainment so we
Speaker 1: could get around clauses that restricted but wrestling companies could do.
Speaker 2: I wouldn't doubt it. I wouldn't doubt it at all.
Speaker 2: You know, we we we we inject a little athleticism
Speaker 2: in our entertainment, but we are not a wrestling organization.
Speaker 2: We are entertainment.
Speaker 1: Wrestling is a opponent, of course, of what we do.
Speaker 1: But that's like saying, you know, a Hollywood studio is
Speaker 1: actually in the the movie camera business, right, you.
Speaker 2: Know, I mean cameras are used to make motion picture
Speaker 2: wrestling is used to make sports entertainments, used to make
Speaker 2: entertainment of a sports or athletic nature.
Speaker 1: I think we win sports or athletic nature. You tell
Speaker 1: me why athletic had to be added there. I just
Speaker 1: love this stuff, man, this is so fascinating. You know,
Speaker 1: can I say TLFX like this is exactly what? Yeah,
Speaker 1: this is the kind of shit you know you sat
Speaker 1: me down before the podcast existed. I would want to
Speaker 1: find this and read this and understand this and absorb this.
Speaker 1: But I never would have done would no, of course not.
Speaker 1: There never would have been a reasonable justifiable reason to
Speaker 1: sync that much time and resource into something. And that
Speaker 1: goes for just about every wrestling book I've ever read,
Speaker 1: That goes for every wrestling shoot interview I've ever watched,
Speaker 1: That goes for so much wrestling archive that I've watched
Speaker 1: and become familiar with. That's the magic because we know
Speaker 1: that on the other side of the microphone are people
Speaker 1: that are like, do it, do it, do it, do it,
Speaker 1: and here are the money that proves that we want
Speaker 1: you to do it.
Speaker 2: I have bought and read more books.
Speaker 1: Oh dude, yeah, what about cinematic Exactly like.
Speaker 2: If you go, if you look, and not even like
Speaker 2: obviously entire books. But I've learned so much information from
Speaker 2: all these fucking things.
Speaker 1: I mean, like you are the wind at our sales
Speaker 1: solar system. Yeah yeah, yeah, you know what I mean,
Speaker 1: and you just happened. You happen to bet on the
Speaker 1: horses that fucking do it.
Speaker 2: I would never I mean I would never know nearly
Speaker 2: as much stuff. I mean, listen, I mean I would
Speaker 2: never have sat through you know, I'll think of something
Speaker 2: that I actually enjoyed. I would never have sat through
Speaker 2: all the war games shows great example, you know. I
Speaker 2: would have never done that.
Speaker 1: I would have never gone through world classes systematically as
Speaker 1: we do.
Speaker 2: Never never, ever, Nope, I would have I don't think.
Speaker 2: I mean I knew it was there and the excited
Speaker 2: me before we did it, but I was like, I
Speaker 2: would never.
Speaker 1: Really you'd watch like two or three and you drift away,
Speaker 1: you know, yeah, yeah, there wouldn't be like this this
Speaker 1: use to put it to that's what you need. Creative
Speaker 1: people need that they if they're gonna do work, it
Speaker 1: has to be in further into.
Speaker 2: An outright right right.
Speaker 1: Fuck it tremendous long mad indeed, and.
Speaker 2: Then then uh further in the event that at the
Speaker 2: end of any term and I said that already agreement
Speaker 2: for any further term wrestling sports entertainment services to a
Speaker 2: social competing he must indicate or entity. He must indicate
Speaker 2: the same in his written notice of non rollover to ECW,
Speaker 2: and further not provide or agreed to provide professional wrestling
Speaker 2: slash sports entertainment services.
Speaker 1: Yeah, this is exactly what he tried to do. This
Speaker 1: is this, This clause is exactly on the nose.
Speaker 2: To such either competing wrestling organization or entity. Uh. If
Speaker 2: you got sports entertainment there, that's hey.
Speaker 1: I did notice that Shavanni was saying sports entertainment every time.
Speaker 1: When Russo took over, they started calling themselves sports entertainment
Speaker 1: all the time.
Speaker 2: UH, or entity without first providing ECW with the opportunity
Speaker 2: to enter into an agreement for such services or substantially
Speaker 2: similar terms as provided in Exhibit A here of so.
Speaker 1: Yeah, if so, it's saying like, if a wrestler doesn't
Speaker 1: want to extend the agreement because specifically they got an
Speaker 1: offer from a competing organization, you must say in your
Speaker 1: written notice to ECW that fact, and then you have
Speaker 1: to not provide any wrestling services to those competing organizations
Speaker 1: without first providing ECW the chance to batch it, basically,
Speaker 1: and he's not offering any such thing. He's just saying,
Speaker 1: I'm leaving. And you know, of course he's saying, I'm
Speaker 1: leaving because you already breached my contract for whatever fucking reason.
Speaker 1: You know you have to Well, was he not paid? Yeah,
Speaker 1: that'd be a good one. That'd be a really good one.
Speaker 1: That to men even gotten to the payment terms. Yet
Speaker 1: I'm only thinking of the clauses we've read. That's a
Speaker 1: real good point.
Speaker 2: Nine Notices. All notices and agreements provided for or required
Speaker 2: by this Agreement shall be in writing and shall be
Speaker 2: delivered personally to the other designated party, or mailed by
Speaker 2: by certified or registered mailturn receipt requested or delivered by
Speaker 2: a recognized national overnight courier service to the respective addresses
Speaker 2: first set forth above, or as any or as such
Speaker 2: any party may otherwise designate, in accordance herewith the date
Speaker 2: of redate of mailing or of personal delivery, as the
Speaker 2: case may be, shall be deemed to constitute the date
Speaker 2: of service of such notice. Number ten miscellaneous A. The
Speaker 2: Agreement of the documents referenced herein contained the entire agreement
Speaker 2: in understanding concerning the subject matter or hereof between the
Speaker 2: parties here too. No waiver, termination, or discharge of this agreement,
Speaker 2: or any of the terms of or provisions hereof, shall
Speaker 2: be binding upon either party here too, unless confine confirmed
Speaker 2: in writing. This agreement may not be modified or a mended,
Speaker 2: except by a writing executed by both parties. No waivery
Speaker 2: by either party of any term or provision of this agreement,
Speaker 2: or of any default here under, shall affect such parties'
Speaker 2: rights thereafter to enforce such term or provision, or to
Speaker 2: exercise any right or remedy in the event of any
Speaker 2: other default, whether or not similar. That's a fucking sentence,
Speaker 2: and a half sure is let her be. This agreement
Speaker 2: shall be governed by and construed in accordance with the
Speaker 2: laws of the State of New York, and any cause
Speaker 2: of action a rising here under must be brought in
Speaker 2: a state or federal court located in Westchester County, New York.
Speaker 2: Wrestler hereby ir irrevocably waves, to the fullest extent permitted
Speaker 2: by law, any objection which he may now or hereafter
Speaker 2: have to the venue of any proceeding which is brought
Speaker 2: in such a court.
Speaker 1: Got It answers the question of why this is filed
Speaker 1: in the New York Court, of all courts like it
Speaker 1: has nothing to do with New York, and that's because
Speaker 1: the contract calls for anything pursue into the contract to
Speaker 1: be litigated in New York.
Speaker 2: Gotcham. The parties further agree, notwithstanding, yes, I agree, notwithstanding
Speaker 2: you're right, sound of that the Royal the Royal the
Speaker 2: Royalty provided for above. Because of the special, unique and
Speaker 2: extraordinary nature of the services here under, and of the
Speaker 2: rights and licenses which are the subject matter of this agreement,
Speaker 2: ECW shall be entitled to injunctive and or and other
Speaker 2: equitable relief to permanent to prevent any breach or default
Speaker 2: by wrestler here, under which relief shall be without president
Speaker 2: prejudice to any other rights or remedies of ECW, as
Speaker 2: maybe provided by law.
Speaker 1: Here is a clause concluded but completely xed.
Speaker 2: Out yep see. ECW may hereby assign it rights, may
Speaker 2: assign it rights, and delegates rights its rights, and delegate
Speaker 2: its obligations under this agreement. And if such a signee
Speaker 2: shall assume ECW's obligations in writing ECW shall have no
Speaker 2: further obligations to Wrestler.
Speaker 1: So Wrestler by crossing this out, it basically is Mike
Speaker 1: Awesome saying, you know, you can't just give my contract
Speaker 1: to another organization and force me to perform for who
Speaker 1: you assign it to.
Speaker 2: MMM. Wrestler may not assign this agreement in whole or
Speaker 2: in part without the prior written consent of ECW, and
Speaker 2: any attempted assignment not in accordance herewith shall be null
Speaker 2: and void and of no force or effect. D This
Speaker 2: is this agreement shall be binding on Wrestler and his successors,
Speaker 2: and permitted as signs. E. The headings contained herein are
Speaker 2: for the convenience of the parties only, and shall not
Speaker 2: be interpreted or limit, or to limit or effect in
Speaker 2: any way the meaning of the language contained in this agreement.
Speaker 2: If this agreement may be executed in one or more counterparts,
Speaker 2: each of which shall be deemed to be an original,
Speaker 2: but all of which together shall constitute the same agreement.
Speaker 2: Any signature page of any such counterpart, or any electronic.
Speaker 1: Fect facsimile that's what fat Oh my god, I.
Speaker 2: Just never fucking I always think fasten Meal faximized it's
Speaker 2: it's sloppy, it's awful, yeah, or electron trying to facsimile
Speaker 2: thereof may be attached or appended to any their counterpart
Speaker 2: to complete a fully executed counterpart of this agreement, and
Speaker 2: any telecopy or other facsimile transmission of any signature shall
Speaker 2: be deemed an original and shall bind such party. G.
Speaker 2: If any provision of this agreement shall be held void, voidable, invalid, inoperative,
Speaker 2: no other provision of this agreement shall be affected as
Speaker 2: a result thereof, and accordingly, the remaining provisions of this
Speaker 2: Agreement shall remain in full force in effect, as though
Speaker 2: such void, voidable, invalid, or inoperative provision had not been
Speaker 2: contained Herein h upon the request of ECW, wrestler agrees
Speaker 2: to take any in all actions, including without limitation, the
Speaker 2: execution of certificates, documents, or instruments, necessary or appropriate, to
Speaker 2: give effect in the terms and conditions set forth in
Speaker 2: this agreement. In witness whereof the parties here too have executed,
Speaker 2: is it or execured, looks like execured, execute or caused,
Speaker 2: They're duly authorized representatives to execute this agreement to be
Speaker 2: effective as of the day and year first above written.
Speaker 1: HHG Corp. And Michel Fonso. Now let's get to the
Speaker 1: good stuff. It's always the exhibit payment terms, ladies and
Speaker 1: general and how much Mike Awsom was making as ECW champion.
Speaker 1: And because they took a standard contract and crossed things
Speaker 1: out and wrote in the Mike Awsom specific stuffs, I
Speaker 1: believe we also have the base ECW contract that is
Speaker 1: handed out to everybody and what they were paid.
Speaker 2: Independent contractor agreement exhibit A compensation in consideration of wrestler's
Speaker 2: grant of the rights, license and services here under and
Speaker 2: provided wrestler faithfully and fully performs all of his obligational
Speaker 2: obligations here under ecwslpay wrestler three thousand dollars per week.
Speaker 1: And that's the standard contract language. Above that in handwriting
Speaker 1: is what Mike Awesome got paid initial by Hayman and
Speaker 1: Awesome that amount boss.
Speaker 2: One hundred and fifty six thousand dollars minimum annual.
Speaker 1: There you go like Awesome is making one hundred and
Speaker 1: fifty six grand.
Speaker 2: I'm just curious though, what so three thousand times fifty
Speaker 2: two is the same thing?
Speaker 1: Oh, three per week is one fifty six annual? Yeah,
Speaker 1: I wonder why they'd write it in then Yeah, okay,
Speaker 1: so I take everything back I said about this being
Speaker 1: a standard. I thought it was three thousand, like per
Speaker 1: appearance or.
Speaker 2: Per now per week guaranteed minimum. Yeah, for the first
Speaker 2: year of this agreement, weird. Okay, Well they did the
Speaker 2: math for us, that's nice. Yeah. Yeah. After the completion
Speaker 2: of the first year this agreement, wrestler's compensation will increase
Speaker 2: two four thousand, four thousand dollars per week two hundred
Speaker 2: and eight thousand dollars minimum annually. One year thereafter, wrestler's
Speaker 2: compensation will increase two five thousand dollars per week two
Speaker 2: hundred and fifty thousand dollars minimum annually.
Speaker 1: There he is again falling for the old crocket deal.
Speaker 1: You know. It's like, you make these promises you can't
Speaker 1: pay year one. It's like by the time you get
Speaker 1: to the bloated year foward, like God, it's any thing
Speaker 1: happen to WCW. God forbid, the revenues go down instead
Speaker 1: of up, up, up, up up. You kidd it. You
Speaker 1: have these bloated contracts for guys whose shelf life is
Speaker 1: already expired.
Speaker 2: It's crazy, it's so bizarre.
Speaker 1: So wild. How like wrestlers like Goldberg and stuff made
Speaker 1: the most money of their career as far as a
Speaker 1: year earning in the year where they meant them the
Speaker 1: least to business.
Speaker 2: Yep, yep.
Speaker 1: And you know you already will pay you in the
Speaker 1: end in a big bulk payment, and you put it off,
Speaker 1: you defer, and Jesus, you know, if he's missing payments
Speaker 1: on year one and the promise of one hundred and
Speaker 1: fifty six grand, how seriously has he taken the two
Speaker 1: hundred and fifty.
Speaker 2: Oh not at all, Not at all. I'm I'm sure
Speaker 2: there's some part of them that's just hoping, like, let's
Speaker 2: see if let's see if like the excitement, lets this
Speaker 2: guy go for you don't go forward? Oh yeah, totally. Yeah.
Speaker 1: If it's one, you know, it doesn't mean nothing that
Speaker 1: you're willing to commit in writing to that number. But
Speaker 1: you know, you're also totally ignorant of how the revenue
Speaker 1: is actually you know, dispersed, and how much is going
Speaker 1: right out the door as soon as it comes in.
Speaker 2: Yeah. Additionally, wrestler shall be paid a discretionary bonus on
Speaker 2: pay per view attendance, live gate attendance, video game sales,
Speaker 2: and clothing sales with with wrestler's likeness.
Speaker 1: So there you have it. For as far as Mike
Speaker 1: Awesome is concerned, he doesn't get paid on the buys.
Speaker 1: He gets paid on the amount of people who attend
Speaker 1: the pay per view.
Speaker 2: Well, dude, And regarding clothing, you know, I just want
Speaker 2: to make sure my you know, my name's on that, dude.
Speaker 1: Absolutely.
Speaker 2: Can you imagine hul Cogan getting his name like, you know,
Speaker 2: you ring up a mic Awesome? Sure, this says hul Cogan.
Speaker 1: On it, the long arm of the Hulkster even other company,
Speaker 1: right right, Yeah, I'm might have to retract what I
Speaker 1: said because I'm reading this this is pay per view
Speaker 1: attendants live Gate attendance. So what's the difference what Live
Speaker 1: Gate attendance and pay per view attendance? What does that mean?
Speaker 1: It must well?
Speaker 2: Well to me, live gate attendants would I it makes
Speaker 2: me think that it's not like a not like a
Speaker 2: house show or regular But that doesn't make sense unless.
Speaker 1: I don't know why live Gate would just denote house
Speaker 1: show and not include pay per views. Those are the
Speaker 1: biggest gates they do, So maybe pay per view attendance
Speaker 1: is just like an artful way of saying pay per
Speaker 1: view revenue. Maybe maybe he's cutting everyone.
Speaker 2: I don't know.
Speaker 1: If the bonus is discretionary, you know, it's that that
Speaker 1: means that they just they give them an extra slug
Speaker 1: of money if the house looks really good, and if
Speaker 1: you know, Vince does the same thing. But it's discretionary,
Speaker 1: so you can never you can never like be like, god,
Speaker 1: damn it, how'd you arrive at this number? It's like
Speaker 1: I just felt like it. That's how. That's the answer.
Speaker 2: Right, All compensation, including but not limited to any discretionary
Speaker 2: pay per view bonus, will be on a quote full
Speaker 2: right buyout.
Speaker 1: I do need to know what that means. I don't know.
Speaker 2: I mean, you know, I only know buyout from my
Speaker 2: uh commercial work from back in the day, and a
Speaker 2: buyout was basically for that. It was like you just
Speaker 2: get your one time. It means you can't make a
Speaker 2: claim in the future. Right, I didn't get I didn't
Speaker 2: get any residuals.
Speaker 1: Yeah, got it makes sense.
Speaker 2: I only the only time I ever made more money
Speaker 2: was if the commercial was renewed.
Speaker 1: So we're saying you get paid on pay per view,
Speaker 1: attendants and live get attendance, but you don't get paid
Speaker 1: on money we make on this forever.
Speaker 2: It's just yeah, right right right, like I guess not no,
Speaker 2: and that's not even included up there either. Videotape sales, yeah,
Speaker 2: that did in saye thing it's is video game sales, yeah,
Speaker 2: video game sales, but no interesting home video stuff or anything.
Speaker 2: ECW agrees to evaluate wrestler's performance and merchandise sales, as
Speaker 2: well as ECW's profitability, to allocate further compensation increases and
Speaker 2: bonus to wrestler. Such increases or bonus shall be in
Speaker 2: such amount and at such times and under such conditions
Speaker 2: as to be as maybe de de determined determined by
Speaker 2: ECW in the soul and absolute discretion of the Executive
Speaker 2: producer of ECW Events. Term this agreement shall command so
Speaker 2: as of September nineteenth, nineteen ninety nine, and shall continue
Speaker 2: until September eighteenth, two thousand and two. The initial term.
Speaker 2: Therefore thereafter, this agreement shall automatically renew at the option
Speaker 2: of ECW for an additional term of two years the
Speaker 2: quote renewal term unless ECW shall serve written notice to
Speaker 2: the other party at least one hundred and twenty days
Speaker 2: prior to the end of the initial g that's four months. Wow, Yeah,
Speaker 2: that seems kind of long. That was quite.
Speaker 1: I don't remember any notice in the Warrior contract, but
Speaker 1: maybe you just don't remember of.
Speaker 2: This agreement of ECW's decision terminates this agreement at the
Speaker 2: end the initial term reference herein to the term hereof
Speaker 2: means the initial term and any such renewal term and.
Speaker 1: Here comes now with bracketed deleted stuff here.
Speaker 2: Yeah, notwithstanding anything herein before stated regarding the term of
Speaker 2: this agreement, ECW shall have the right to review that
Speaker 2: can the continuation of this agreement six months from the
Speaker 2: initial date of this agreement and every six months thereafter.
Speaker 1: So he got that taken out where they could every
Speaker 1: six months say actually it's not working out, like yeah, no, sorry,
Speaker 1: pale Evince's favorites yep.
Speaker 2: ECW and its sole discretion shall determine after such review
Speaker 2: whether this agreement will continue for the balance of its
Speaker 2: initial term or any renewal thereof. In the event ECW
Speaker 2: determines that the agreement shall not be continued for its
Speaker 2: initial term or for the renewal term, or any portions thereof,
Speaker 2: then this agreement shall terminate thirty days after notice of
Speaker 2: such termination is given to Wrestler deleted. Deleted, indeed it
Speaker 2: was full. Oh here we get full rights buyout. Full
Speaker 2: rights buyout is defined as ECW's unlimited right to use
Speaker 2: Wrestler's name and all logos, trademarks, copyrights, and other proprietary
Speaker 2: rights related there too, collectively as collectively the intellectual property
Speaker 2: Wrestler consensed, ECW's exclusive views of the of the intellectual
Speaker 2: property in any manner whatsoever during the term and as
Speaker 2: otherwise provided in this agreement. As a part of the
Speaker 2: grant of the license, ECW shall also have the exclusive
Speaker 2: right to use the intellectual property in connection with the manufacture, production, reproduction, reissuance, manipulation, reconfiguration, broadcast, rebroadcast, distribution, sale,
Speaker 2: and other commercial exploitation in any manner now known or
Speaker 2: here in after discovered, or any and all material goods, materials, goods, merchandise,
Speaker 2: and other items incorporating the intellectual property. As to all
Speaker 2: such materials, goods, merchandise, or items created, developed, produced, and
Speaker 2: or distributed using the intellectual property, ECW shall have the
Speaker 2: exclusive right to sell and exploit such materials, goods, and
Speaker 2: merchandise until the sell off of same by way of
Speaker 2: example and not of limitation. Such items include t shirts, posters, photos, dolls, books, biographies,
Speaker 2: articles and stories, articles and.
Speaker 1: What is that man? I would say? Stories?
Speaker 2: I don't know, this is going to be a story,
Speaker 2: and any other looks like snob and any other other such,
Speaker 2: any other such Jesus, such material goods, merchandise, or items
Speaker 2: relating to the intellectual property. ECW shall also have the
Speaker 2: exclusive right to photograph, record, or otherwise embody the performance
Speaker 2: of wrestler utilizing the intellectual property in any manner, whatsoever footage,
Speaker 2: and to utilize and incorporate the footage in whole or
Speaker 2: in part in conjunction with other photographs and or footage,
Speaker 2: And to include the footage in any program relating to
Speaker 2: ECW events, including but not limited to, radio, television, motion picture,
Speaker 2: or sound recordings, and other Internet quote programs. At such
Speaker 2: time and in any manner, ECW may elect throughout the
Speaker 2: world to and to broadcast, exhibit, and or exploit the
Speaker 2: same in all in any and all media, whether now
Speaker 2: or hereafter known or devised, without limiting the foregoing ECW
Speaker 2: you shall have the right and perpetuity to use the
Speaker 2: intellectual property name, voice, likeness, and or biographical information collectively
Speaker 2: likeness in connection with the promotion of ECW events and
Speaker 2: or broadcasts of the footage and ECW events, and or
Speaker 2: any programs related there too that relate to ECW events,
Speaker 2: including but not limited to, pome video cassettes and broadcast,
Speaker 2: cable or other special programs about ECW events. Notwithstanding the
Speaker 2: expiration of the term. Wrestler further acknowledges that this license
Speaker 2: shall continue to allow ECW in perpetuity the right to merchandise.
Speaker 1: Purchase a purchase, produce, sorry.
Speaker 2: Produce, produce right, oh yeah, to merchandise, produce, programming, or
Speaker 2: any other such ECW products created and recorded during the term,
Speaker 2: but soul distributed and or other exploited thereafter, and any
Speaker 2: and all media now or herein after discovered by signing
Speaker 2: the agreement and this exhibit. Wrestler hereby special specifically agrees
Speaker 2: to the terms of the full rights buyout as defined above.
Speaker 2: The rights granted by to ECW by the full rights
Speaker 2: buyout shall survive the expiration and termination of this agreement
Speaker 2: as a continuing license.
Speaker 1: To e se tremendous. So there you go. You're exactly
Speaker 1: right about what's meant by rights buyout. I didn't even know.
Speaker 1: We were just about to define the term.
Speaker 2: Yeah, it's funny. That was really funny to think.
Speaker 1: When this renegade company that's flying by the seat of
Speaker 1: its pants and breaking all the rules and you know,
Speaker 1: conforming to none of the conventions of the wrestling business
Speaker 1: got to a point where they had to paper it
Speaker 1: like this, where they had to have a page and
Speaker 1: a half definition of full rights buyout.
Speaker 2: It's just it's kind of crazy, it is. It's hilarious.
Speaker 2: Like you do you think of this being a fucking
Speaker 2: you know, backyard, yep, you know whatever, But here they
Speaker 2: are trying to you know, they actually have to have
Speaker 2: all this legal shit contracts and rights and un rights and.
Speaker 1: Lefts as well lefts.
Speaker 2: That's right.
Speaker 1: So the complaint is filed and we'll talk about it
Speaker 1: now if we can go to the beginning of the document, boss,
Speaker 1: What was filed in court to make the case after
Speaker 1: all of these exhibits are taken into consideration. Well, we
Speaker 1: have United States just a court Southern District, and we
Speaker 1: know that district, well don't we, Yes, we do. HHG
Speaker 1: Corp aka c W plaintiff against Michael Alfonso a ka
Speaker 1: Mike Ausome World Championhip Wrestling, Inc. Ak W CW defendants
Speaker 1: take it away.
Speaker 2: The plaintiff HHC Corp aka c W, by and through
Speaker 2: their attorneys Hoffinger, Friedland, Dubrish and Stern PC respectively show
Speaker 2: respectfully showing the following the parties. Number One, the plaintiff
Speaker 2: h G Corp. Aka e c W is a corporation
Speaker 2: duly organized and existing under the laws of the State
Speaker 2: of New York, with offices located in the County of Westchester,
Speaker 2: State of New York. Two upon information and belief, the
Speaker 2: defendant Michael Alfonso aka Mike off Awesome is an individual
Speaker 2: who currently resides in the state of Florida.
Speaker 1: That is all, who's currently standing in the state of Florida, who.
Speaker 2: Is currently floating on a cloud somewhere above the state
Speaker 2: of Florida. It's right. Three Upon information and belief, the
Speaker 2: defendant World Championship Wrestling Incorporated AKAWCW is a corporation duly
Speaker 2: organized and existing under the laws of the State of Georgia,
Speaker 2: with a place of business located in Atlanta, Georgia jurisdiction.
Speaker 2: The jurisdiction of this Court is based upon the diverse
Speaker 2: citizenship of the parties entitled twenty eight USC. Section one
Speaker 2: two three to two, and the provisions of the written
Speaker 2: agreement preferred to in this complaint by in between ECW
Speaker 2: and Alfonso. The matter in controversy exceeds the sum of
Speaker 2: seventy five thousand dollars exclusive of interests and cost.
Speaker 1: Really does, it's actually one hundred million dollars.
Speaker 2: Yeah, right, the agreement on or about April nineteenth, nineteen
Speaker 2: ninety nine, earlier date. Yeah, so there was a pre
Speaker 2: existing contract to the one we just read. Yeah, five
Speaker 2: months earlier to the day ECW and Alfonso entered into
Speaker 2: a certain independent contractor agreement. The agreement, A true, complete,
Speaker 2: and accurate copy of the agreement is attached here to
Speaker 2: and incorporated herein by this reference as exhibit A. Exhibit
Speaker 2: A is not an April nineteenth, nineteen ninety nine contract.
Speaker 2: It is September nineteenth. Yeah, And if they made that mistake,
Speaker 2: shame on them. It is April nineteenth when they're working
Speaker 2: on this letter of two thousand. I think that's a
Speaker 2: typo on their behalf. It's a big typo, though.
Speaker 1: It's a big typo. It is, Yes, but they're rushing,
Speaker 1: you know, Yeah, but you don't say, Exhibit A shows
Speaker 1: an April nineteenth, nineteen ninety nine contract, and you look
Speaker 1: at the contract and at least to September on it.
Speaker 2: So, yeah, the agreement provides, among other things, that paragraph
Speaker 2: eight that quote during the disagreement.
Speaker 1: Oh, that's an eleveny okay, I'll just say, is that
Speaker 1: another one?
Speaker 2: Oh, that'd be fucking crazy. During this term of this agreement,
Speaker 2: Wrestler Alfonso shall perform the services as defined in the
Speaker 2: agreement exclusively for ECW, and shall not directly or indirectly
Speaker 2: be employed by, perform services for, or engage in any
Speaker 2: manner with any other individual entity or wrestling business unquote.
Speaker 2: The agreement provides, among other things, that it shall commence
Speaker 2: as of September nineteen, nineteen ninety nine, and shall continue
Speaker 2: until September eighteenth, two thousand and two, and shall automatically
Speaker 2: renew at the option of ECW for an additional term
Speaker 2: of two years.
Speaker 1: That's that's the difference between going bankrupt and not with WCW. Yeah,
Speaker 1: you know, WWIF didn't pick up the contracts, but they
Speaker 1: because ww existed on paper and had been bought, but
Speaker 1: existed on paper as Universal Wrestling Corporations separate from what
Speaker 1: WWF bought. These guys still got paid.
Speaker 2: You know.
Speaker 1: I love like the guys who they had contracts through
Speaker 1: twenty oh two and WIB closed in two thousand and one,
Speaker 1: you still got to pay me. Yeah yeah, Whereas if
Speaker 1: they had bankrupt these guys, these guys their contracts even
Speaker 1: though Mike Austin's lasted until September of two thousand and two,
Speaker 1: could not claim any money.
Speaker 2: Alfonso has not given ECW notification of termination of the agreement.
Speaker 2: ECW has not terminated the agreement. ECW has performed all
Speaker 2: of its obligations under the agreement. The acts of Alfonso
Speaker 2: constitute anticipatory breach and or breach of the agreement. So
Speaker 2: what's the difference between breach and or breach is what
Speaker 2: I want to know.
Speaker 1: Anticipatory breach is your plan to do it, which is
Speaker 1: just as bad as actually doing it.
Speaker 2: I think Alfonso has rendered services to ECW under the
Speaker 2: agreement since September nineteenth, nineteen ninety nine, and has received
Speaker 2: compensation during the same period of time. Likewise, during the
Speaker 2: same period of time, consistent with the agreement, Alfonso loaned
Speaker 2: his name, likeness and persona to ECW for use with
Speaker 2: Acclaim Entertainment spelled a kk lail.
Speaker 1: Are you sure that's not how it was spelled.
Speaker 2: That's not how it's spelled. It's acc. I'm pretty sure
Speaker 2: I saw it.
Speaker 1: Spelled that way on logos. But I also remember when
Speaker 1: I was a kid at being acc.
Speaker 2: So I don't know.
Speaker 1: I don't know which is right.
Speaker 2: I need to know. I need to look. I mean,
Speaker 2: let's see here. Well, okay, so no, it was never
Speaker 2: it was never done that. But if you look at
Speaker 2: the logo, it could be. It could. It looks like ks.
Speaker 2: Oh really, I see look at the low do you
Speaker 2: have the logo?
Speaker 1: I'm trying to find it here because that's why I thought.
Speaker 2: It was on the Wikipedia. Look at the Wikipedia, and
Speaker 2: then Nasdaq actually has it as aklm O. Interesting, but
Speaker 2: it doesn't.
Speaker 1: It does look like two ks, you know, it does.
Speaker 2: It never is like that. Those are two SE's, but
Speaker 2: they just look weird.
Speaker 1: And when they styled it in that ECW barbed wire
Speaker 1: font for the video game, it looks even more like
Speaker 1: a couple of k's. Actually, yeah, yeah, fascinating.
Speaker 2: So I knew it's not.
Speaker 1: I mean, they have the contracts, you know, like doubt,
Speaker 1: they're just spelling it based on a logo. I'm sure
Speaker 1: they're spelling based on what's written down anyway to appear
Speaker 1: in an ECW video game. During the period April sixth
Speaker 1: through April eighth, two thousand, Alfonso failed to appear as
Speaker 1: scheduled at ECW events on April sixth and Cleveland, Ohio.
Speaker 1: On April seventh and Warren, Ohio, and April eighth in Buffalo,
Speaker 1: New York without justification or explanation. I mean, honestly, Mike,
Speaker 1: if you're gonna do this, you know, in the cloak
Speaker 1: of darkness, why why missshots?
Speaker 2: Like?
Speaker 1: Why don't just make the shots? Like Lex Luger didn't
Speaker 1: show up on Monday? Right, what are you doing?
Speaker 2: I mean? Even more to that, I mean, I don't know.
Speaker 2: Why does he just fucking tell Paul he wants out?
Speaker 1: Well, that's I'm sure what he did. But by that
Speaker 1: point it's too late to make this Nitro. They want
Speaker 1: him in part to deliver, you know, a Nitro esque
Speaker 1: ship jump on this big night one. I'm sure. I'm
Speaker 1: sure after that they would still like to use him,
Speaker 1: but the enthusiasm would be dampened, you know.
Speaker 2: Yeah. On April eighth, two thousand, Alfonso was put on
Speaker 2: written notice by a CWV four did I say that
Speaker 2: of the the foregoing failures to appear in a letter
Speaker 2: form from the law firm of Buffer Chalgian at all,
Speaker 2: A true, accurat and complete copy of the April eighth,
Speaker 2: two thousand letter is attached here to and incorporated herein
Speaker 2: by this reference as a B. In the April eight,
Speaker 2: two thousand letter, Alfonso was advised that a lawsuit could
Speaker 2: be commenced against him, and that ECW could file an
Speaker 2: injunction precluding him from rendering services to any other individual
Speaker 2: entity or wrestling business, either directly or indirectly. A telephone
Speaker 2: conversation with Steve Carell Carrel, how about of acting K
Speaker 2: and I don't mean act I N G by the way,
Speaker 2: A K T O N A C, A representative of ACW,
Speaker 2: conducted on April eight, two thousand, Alfonso stated he did
Speaker 2: not intend to appear at the ECW Buffalo event and
Speaker 2: that other things were going to happen. Other things Alfonso
Speaker 2: was unwilling to discuss.
Speaker 1: Picks up the phone, it says other things that just
Speaker 1: k faving the phone calls. You know, I got other
Speaker 1: things going on, like what Mike, Oh, you know other things.
Speaker 1: I gotta listen.
Speaker 2: I gotta go. Then I gotta go, I gotta, I gotta,
Speaker 2: I gotta take a ship right now. It's hard. It's
Speaker 2: real hard.
Speaker 1: I guess I'm thinking it through. If you just totally
Speaker 1: favor the calls, they could like call police and be
Speaker 1: like we're worried about him.
Speaker 2: Yeah. Yeah. It has been widely reported in the wrestling
Speaker 2: media that and on the Internet that Alfonso would be
Speaker 2: appearing on a live WCW Wrestling broadcast on April tenth,
Speaker 2: two thousand. Specifically, yeah, specifically. This appearance was reported on
Speaker 2: Friday morning, April seventh, two thousand, on a radio show
Speaker 2: we Go originating from Tampa, Florida, upon Information and Belief
Speaker 2: and titled give it to Me.
Speaker 1: Sobody's Saba, the Hot Saba, the Boots, daddling Cock come
Speaker 1: and sat so by by the Lave Splanch Show. So
Speaker 1: Hogan's not only yo, bro, you need to come over
Speaker 1: here and you know, make some real money. Stop playing
Speaker 1: in the playpen those extremists. Dude, He's going on Bubba's show,
Speaker 1: probably like you know, on paid rollers and talking about it.
Speaker 2: I'll tell you, dude, you gotta come on. I'm just
Speaker 2: gonna go on. I'm gonna go on, Bubba the list biz, dude,
Speaker 2: We're going to talk it out.
Speaker 1: Brother, Could you even cover pro wrestling in ninety nine
Speaker 1: in two thousand without living in Tampa? Like all the
Speaker 1: news is on Tampa radio and it's not like you
Speaker 1: could stream it fucking Tampa what hoody up? We had
Speaker 1: Nitro tonight, hoodie, and you can anything and tell us
Speaker 1: about what's going to happen.
Speaker 2: Now, well, brother, I'll tell you right now, dude. I'll
Speaker 2: tell you. I can guarantee you this. Dude. I don't
Speaker 2: want to say too much. I don't want to, like,
Speaker 2: you know, I don't want to, you know, put it
Speaker 2: all out there. Brother, I want to keep some surprising.
Speaker 2: But I can tell you right now, dude, it is
Speaker 2: going to be an awesome show.
Speaker 1: Extremely awesome, one might say.
Speaker 2: In fact, you might say that Mike Awesome is going
Speaker 2: to be on this show. Oh dude, he goes.
Speaker 1: I can't say too much, brother, I can't be too specific,
Speaker 1: but I think it's safe to say it's going to
Speaker 1: be an awesome show. It's going to be an extremely
Speaker 1: awesome show. Mike is going to be on Nitro tonight.
Speaker 1: Why you did it? Beat around the bush exactly in
Speaker 1: the first place, I was beating around the bill bush, dude, Hey,
Speaker 1: what do we have here? Additional factors regarding Alfonso's breach.
Speaker 2: MM Additional factors regarding Alfonso's breach and or anticipatory breach
Speaker 2: of the agreement. On April ten, two thousand, the letter
Speaker 2: was forwarded by Affecsimile to WCW from the offices of
Speaker 2: Hoffinger Friedland at all a true.
Speaker 1: I love how drawyers can make the faxing of a
Speaker 1: piece of paper. This like event, I know, I know right,
Speaker 1: Like it's a fucking thing. There was life before the facts,
Speaker 1: and now there's everything is different after this fact.
Speaker 2: It's like, think about think about life, what life is
Speaker 2: like in any office where there was a fax machine,
Speaker 2: and it's like nobody gives a shit, you know, It's
Speaker 2: like it's a simple fucking Hey.
Speaker 1: He facts his thing for me, but not in a
Speaker 1: law fund to a lawyer that proof of delivery is
Speaker 1: all they need.
Speaker 2: Forwarded by fic Simile. A true, complete and accurate copy
Speaker 2: copy of the April ten, two thousand letter directed to
Speaker 2: WCW is attached here too and incorporated herewith by this
Speaker 2: reference as Exhibit C. Among other things, the April ten,
Speaker 2: two thousand letter directed to WCW makes reference to the
Speaker 2: actions of WCW regarding ECW wrestlers and performers, and of
Speaker 2: Alfonso's possible appearance on WCW's wrestling broadcast schedule for the
Speaker 2: evening of April tenth, two thousand. The full and complete
Speaker 2: content of the April ten, two thousand letter is incorporated
Speaker 2: herein by this reference. Additionally, the April ten, two thousand
Speaker 2: letter addressed to WCW advised ECW would seek a temporary
Speaker 2: restraining order or preliminary injunction precluding Alfonso from appearing on
Speaker 2: WCW's wrestling broadcast on April tenth, two thousand, emanating from Denver, Colorado,
Speaker 2: and from using the ECW Heavyweight Championship Belt in any
Speaker 2: manner if WCW failed to provide ECW the written notice
Speaker 2: by one pm Eastern Standard Time on April tenth, two
Speaker 2: thousand that WCW would not be using Alfonso or the
Speaker 2: ECW Heavyweight Champion Belt on the program. ECW has received
Speaker 2: no written denial from WCW or confirmation from WCW regarding
Speaker 2: the non appearance of Alfonso. As and for a first
Speaker 2: claim that sounds like the title of like a chapter
Speaker 2: of a bad book. ECW repeats, reiterates, and realleges the
Speaker 2: allegations contained in paragraphs one through twenty above, as if
Speaker 2: more fully set forth hereat at length by virtue of
Speaker 2: the foregoing Alfonso is in breach of the agreement. As
Speaker 2: a result of the foregoing breach, ECW has been damaged
Speaker 2: in an amount not presently ascert ti, but in excess
Speaker 2: of seventy five thousand dollars. As and for a second
Speaker 2: claim chapter.
Speaker 1: Two, Just quickly, do you know why they would say
Speaker 1: seventy five thousand like that of all numbers? No, because
Speaker 1: if it is less than it should be in a
Speaker 1: different court. I see anyway, Okay, that makes sense. ECW repeats, reiterates,
Speaker 1: and realleges. The allegation is contained in paragraphs one through
Speaker 1: twenty three above, as if more fully set forth here
Speaker 1: at at length by virtue of the foregoing WCW has
Speaker 1: acknowledged has knowledge of the existence of a valid agreement
Speaker 1: and business relationship by and between ECW and Alfonso. Notwithstanding
Speaker 1: WCW's actual knowledge of the existence of the agreement WCW
Speaker 1: has set upon a plan, scheme, or design to tortiously
Speaker 1: interfere with ECW's contractual relationship and business relationship with alphonsphasis
Speaker 1: on scheme of course. Of course, that's their scheme of things.
Speaker 1: This part.
Speaker 2: Yes, as a result of the foregoing breach, ECW has
Speaker 2: been damaged in an amount not presently ascertainable, but in
Speaker 2: excess of seventy five thousand dollars.
Speaker 1: Expectfully, if it's not ascertainable, how do you know it's
Speaker 1: not less than seventy five? That sounds ascertaining. I can't
Speaker 1: tell you.
Speaker 2: I can tell you this, all right. We don't know
Speaker 2: the exact number right now, but it is way above
Speaker 2: seventy five grande okay.
Speaker 1: Sounds like the guy who I can guarantee you that
Speaker 1: the guy who the girl buys the train ticket from.
Speaker 1: And Frosty are Bori Alice.
Speaker 2: ECW repeats, reiterates, and re alleges the allegations contained in paragraphs.
Speaker 2: I hate then they fucking do this.
Speaker 1: Me too, I hate it so much. Why do they
Speaker 1: do this because they're different?
Speaker 2: Why do they need to like let us know that?
Speaker 1: Oh yeah, different claims? So you see a third claim?
Speaker 1: Fourth claim and you have to include everything that's relevant
Speaker 1: to the claim each time. But by just making reference
Speaker 1: to it instead of repeating every single line of it,
Speaker 1: it's a way to keep it brief. But you don't
Speaker 1: want someone to come around and say, hey, on your
Speaker 1: third claim, which is the only claim the judge cares about.
Speaker 1: As it turns out, as this plays out, all those
Speaker 1: other clauses, you didn't state that that's part of this claim.
Speaker 1: I mean, you have to do it, and we have
Speaker 1: to read it. And that's life.
Speaker 2: It's like I just say, from here, from the top
Speaker 2: of this page to the bottom of this page, to
Speaker 2: the bottom of the from the top of this complaint
Speaker 2: to the bottom of the complaint, everything counts.
Speaker 1: Everything counts, I know. Can you just put a clause
Speaker 1: like that in there?
Speaker 2: Now?
Speaker 1: You have to state enumerated clause.
Speaker 2: Yes. ECW repeats, reiterates, and real edges. The allegation is
Speaker 2: contained in paragraphs one through twenty seven. Is above as
Speaker 2: if more fully set forth here at at length, by
Speaker 2: virtue of the foregoing and the acts jointly or severe severe.
Speaker 1: Severally severally.
Speaker 2: Of W. CW and Alfonso, the good will, name and
Speaker 2: representation of E. C W has been and continues to
Speaker 2: be damaged.
Speaker 1: Goodwill, good name, good name, the good name of w Yeah,
Speaker 1: please joke and can they spell Alfonso any more ways
Speaker 1: than they do? Jesus, You guys have the contract in
Speaker 1: front of you. You got his like documentation? Is it
Speaker 1: a z or an as? For Christ's sake?
Speaker 2: Next next it will be E L P H O
Speaker 2: N T S O Alfonso.
Speaker 1: I don't know what. I don't know what I expect
Speaker 1: from a cracked team that fucking got the data the
Speaker 1: contract wrong in the first sent I'll tell.
Speaker 2: You what you got the you said it right there.
Speaker 2: The crack team.
Speaker 1: My god, I know you got the fucking fifth ab
Speaker 1: in the address or whatever the fuck it is. But
Speaker 1: I'm not the best. And these lawyers the first one
Speaker 1: to pick up the phone and scream at a reporter
Speaker 1: for getting a little small fact wrong. By the way,
Speaker 1: could I have a crock team, I mean, your honor.
Speaker 1: He didn't even spell the defendants name right in the article?
Speaker 1: Well you didn't either, counselor I.
Speaker 2: Got two or three? Can I can we can we
Speaker 2: clarify one thing? The last name of the is it
Speaker 2: Alfonso or is it awesome? Can we get clarification, please,
Speaker 2: because I don't understand. I'm just well, you give them
Speaker 2: fake named in wrestling, is it? I don't get it?
Speaker 2: Name is hul Cogan, He's not. So what's his name?
Speaker 1: Terry Boles? What's There's no way.
Speaker 2: It's absolutely insane. There's no way that that that a
Speaker 2: guy at that size is named Terry. Okay, it's not
Speaker 2: fucking possible. Can we please? What is you know? What
Speaker 2: is wrong with your business? What is wrong with your business?
Speaker 2: You gotta you gotta sign these asinine names. Look, I'm
Speaker 2: reading I'm reading here. You know the the transcript of
Speaker 2: Vince mcmhon's trial on some of the paperwork there for
Speaker 2: the Pat Patterson one hundred times times.
Speaker 1: That's his real name right right now? Actually that's not
Speaker 1: his real name.
Speaker 2: What's his name?
Speaker 1: So you're gonna tell me that we have to put
Speaker 1: Alfonso in our ship instead of awesome, But you can
Speaker 1: list his fake name all over every legal document in
Speaker 1: the world, and you can call Seawan Michaels Shawn Michaels
Speaker 1: in every document of the world. And that's honestly, So, yeah,
Speaker 1: what does it deal with?
Speaker 2: I mean, who the fuck are these people? Now? I
Speaker 2: just I woke up this morning. I didn't realize that
Speaker 2: this was what this is all about.
Speaker 1: And it's great, that's a great line. They're just like
Speaker 1: this run of the mill litigator who like doesn't want
Speaker 1: to like this is not the case that he wanted
Speaker 1: to land on his desk.
Speaker 2: Yeah, yeah, And you know what, if.
Speaker 1: Fucking Jim hadn't been on vacation this week, which he
Speaker 1: didn't even give enough notice to the office that he's
Speaker 1: going to take this time off, he would have been
Speaker 1: next in Q and he would have gotten this fucking case.
Speaker 1: So I'm doubly pissed because that fucking asshole is in
Speaker 1: Bermuda again. How many times can one guy go to Bermuda,
Speaker 1: by the way, let's say it, Leven, tell you this
Speaker 1: all the same ship.
Speaker 2: Every time ship like this comes up. He's always in BERMEI.
Speaker 2: He goes every times, like he fucking knows. But one
Speaker 2: of these cases is gonna come up, and and then
Speaker 2: I get stuck with it and I gotta listen to
Speaker 2: assholes like you.
Speaker 1: I gotta figure out if your last name is Awesome
Speaker 1: or Alfonso, and I'll tell you what, just I'll give
Speaker 1: you another a ford Awful. Right, You're Mike, awful, all right,
Speaker 1: you fucking suck, and you what is this fucking suck?
Speaker 1: The lawyer frees, Debby tells Mike, awesome, he fucking sucks. Awesome, Well,
Speaker 1: you fucking suck, he says to him. The lawyer says
Speaker 1: that that's awesome. He doesn't even know this guy. He
Speaker 1: doesn't know this guy, he doesn't no wrestling, but he says,
Speaker 1: you fucking suck. And Mike just stands there with his
Speaker 1: mullet and takes it.
Speaker 2: He's this fucking championship belt. I mean, you don't even
Speaker 2: what are you about? You're gonna tell me this is
Speaker 2: a big deal of this case. I gotta put this
Speaker 2: in the complaint, that they're gonna have this fucking phone.
Speaker 2: I gotta talk. I gotta put in this complaint that
Speaker 2: that that this at this stupid belt, that you didn't
Speaker 2: even win, that you were given right, he was giving it.
Speaker 2: He didn't fucking do anything. You didn't compete to win it.
Speaker 1: You want me to put it in this complaint that
Speaker 1: ECW is gonna suffer real harm if this pretend trophy
Speaker 1: shows up on another wrestling TV show. That's what you're
Speaker 1: trying to tell me.
Speaker 2: I mean, who who fucking gives a shit?
Speaker 1: I mean, you just had this thing made like a
Speaker 1: year ago, right, it's not even the original design, and
Speaker 1: and you decided that he was gonna win it, right, Paul,
Speaker 1: you just said one day, Hey, you're gonna win.
Speaker 2: You said, you said, Hey, you're gonna Mike, Mike dipshit
Speaker 2: over here. You're gonna fucking win the belt.
Speaker 1: So this, this trinket that I hold in my hand,
Speaker 1: represents no actual accomplishment, does it?
Speaker 2: What if I? What if I? Right now? I mean,
Speaker 2: let me tell you this. You're talking about how you
Speaker 2: brought it on TV, and all of a sudden it's
Speaker 2: it's worthless and in effect that damages your fucking stupid company.
Speaker 1: All right, Oh, this guy's gonna represent Paul real well,
Speaker 1: there's definitely not gonna be an emotion for a new
Speaker 1: attorney in this case.
Speaker 2: What happens if I take the belt right now out
Speaker 2: of your hand, I put on the floor.
Speaker 1: And I sh exactly exactly.
Speaker 2: What kind of damage we're talking about that you're gonna
Speaker 2: fucking sue me over a fake belt.
Speaker 1: This guy did not want this case. He's trying actively
Speaker 1: to get thrown off the case. Now I just I
Speaker 1: just exactly said, you don't look it's not your fault,
Speaker 1: but it's just been an awful year. Listen, Paul, I
Speaker 1: thought i'd be a lot further along than I am.
Speaker 2: Do you understand you understand how much paperwork this whole
Speaker 2: thing is gonna be for me understanding exactly what I
Speaker 2: have to go through to get through this kind of.
Speaker 1: A ship and of all the things that I could
Speaker 1: have ever imagined on my bucket listed when I became
Speaker 1: a lawyer, was arguing to a judge of the United
Speaker 1: States Federal Court System that this title belt represents actual
Speaker 1: value when it's a completely made up accomplishment.
Speaker 2: Listen, Paul, I hate I hate wrestling, I do, all right.
Speaker 2: I hate this draw. I think it's a fucking joke, exactly,
Speaker 2: all right. It's like a it's a complete fucking it's
Speaker 2: it's it's a it's a loony to the literally, Paul,
Speaker 2: I have a reaction like I cannot believe either in
Speaker 2: this audience. Paul, I get hives, all right. I get
Speaker 2: hives on my arm, on my legs. Sometimes I'm my genitals.
Speaker 2: And I'm not not to degrade you guys. Do I'm
Speaker 2: sure you work hard. It's just not my cup of tea,
Speaker 2: and so, you know, help, but let that be known.
Speaker 2: I do degrade. I degrade. I degrade because you know,
Speaker 2: it's actually an embarrassment for the whole country.
Speaker 1: I went to law school for this. I mean, I
Speaker 1: didn't that that little toy over there is actually worth something.
Speaker 1: I didn't go to law school to represent frauds. It's
Speaker 1: that simple, in clowns, all right, Like, I went to
Speaker 1: make a fucking difference in the world, and now I
Speaker 1: gotta represent you, you and your fucking damages you've suffered
Speaker 1: because this guy with the mullet is going to bring
Speaker 1: this fucking, this children's toy onto another TV show.
Speaker 2: Yeah, yeah, my neighbors kids have this fucking exactly. You know,
Speaker 2: you fucking piss on it and shove it in the mouths.
Speaker 2: After that, Well, let me ask you a question. Do
Speaker 2: you have permission to use the lights and songs on
Speaker 2: all your broadcasts? Yeah? I don't think about that.
Speaker 1: Actually, let me say, yeah, so in this case, unless
Speaker 1: we find a way to part weighs amicably, I might
Speaker 1: have to file a little motion myself. So what you're
Speaker 1: saying here, Paul, you don't have enough. You don't have
Speaker 1: enough money to fucking pay these guys. And you don't
Speaker 1: pay for your royalties. What do you pay for? Exactly?
Speaker 2: Exactly where's the money going, Paul? You know, what is
Speaker 2: it doing is go in your pocket? Huh.
Speaker 1: I need to know about Steve Carroll. Paul, you're getting
Speaker 1: known from the neighborhood that what you're doing getting whos
Speaker 1: huhn's getting cores Paul, exactly. Silence, Hey, hey, hey, like
Speaker 1: you're asleep or what your eyes open? You fucking this
Speaker 1: is serious business. You're going down. Wow, And I'm gonna even.
Speaker 1: What I love about every lapped character like this, because
Speaker 1: it's a type, is that they never wait for the
Speaker 1: person to respond before escalating. You notice that it just
Speaker 1: gets more and more and more crazy, and the person's
Speaker 1: sitting there silent the entire time, and the other one
Speaker 1: is act like it's a conversation exactly right, like he's
Speaker 1: justified and getting more angry. It's a complete verbal attack.
Speaker 1: So it's good to get to know that guy. I
Speaker 1: think he belongs on the bench for sure. The last
Speaker 1: character bench.
Speaker 2: Oh god, oh yeah, I guess that came from Goodwill
Speaker 2: name representation severally too. Rise they come against Oh God,
Speaker 2: the acts of the acts of WCW and Alfonso jointly
Speaker 2: and severally rise to the level of conspiracy. Hey, there
Speaker 2: is that word again.
Speaker 1: Oh my goodness, it does.
Speaker 2: Hey, I heard that. I believe that w c W. Hey,
Speaker 2: you know what, I worked there, my shoal, I was
Speaker 2: under contract to WCW. I worked for Ted Turner. I
Speaker 2: can guarantee there is conspiracy going on in the High Office.
Speaker 1: Our ECW's attorney's about to argue that WCW is conspiring
Speaker 1: to defraud the FDA like someone else I could mention.
Speaker 2: Leve look conspiracy and in the furtherance of a plan, scheme,
Speaker 2: or design of WCW to seek to raid ECW and
Speaker 2: steal the talent of ECW and steal the talent of
Speaker 2: ECW by exhibiting a pattern of interference, an indifference with
Speaker 2: and of ECW in its relationship with its wrestlers. As
Speaker 2: a result of the foregoing breach, ECW has damaged in
Speaker 2: an amount not presently ascertainable, but in excess of seventy
Speaker 2: five thousand dollars. As for the fourth claim, ECW repeats, reiterate,
Speaker 2: and re alleges the alleges the allegations contained in paragraphs
Speaker 2: one through thirty one above, as if more fully set
Speaker 2: fourth here at at length upon information and believe w
Speaker 2: CWN Alfonso's use of vcw's heavyweight Champion belt, which is
Speaker 2: the soul an exclusive property of VCW, constitutes misappropriation of
Speaker 2: w CW's property, ECW's property in the wrestling industry, and
Speaker 2: the organization's champion belt is an indicia of achievement. And
Speaker 2: it's the objection right there, right, objection, what is this?
Speaker 1: I'm not going to write that in the complaint. You
Speaker 1: can write. I'm not going to write that.
Speaker 2: What I can't. I can't fucking sit here and.
Speaker 1: An indicia of achievement, this thing and you decided he's
Speaker 1: going to get you.
Speaker 2: He had nothing to do with Listen, listen. He didn't
Speaker 2: achieve anything. It was decided that something was given to
Speaker 2: the thing.
Speaker 1: I achieved something because my mom decided to name me Bill.
Speaker 2: Like, let me saying this is I This is no
Speaker 2: different than telling you idiots that they're gonna get fucking
Speaker 2: presents from Santa Claus because they behaved. Well, it's your choice.
Speaker 2: A miracle on thirty fourth Street here, right, You know,
Speaker 2: I don't have fucking time for Santa Claus and clowns.
Speaker 1: My wife's on me, the kids. I'm not doing well
Speaker 1: right now in school.
Speaker 2: Look, I could have my wife needs me, and instead
Speaker 2: I got to give twenty four to seven to this
Speaker 2: fucking bullshit. You know this is this is a problem
Speaker 2: with America right here, all right. The Constitution states that
Speaker 2: you are deserving of the best, you know, defense or
Speaker 2: of defense at least entitled to something. Get not entitled
Speaker 2: anything with this fucking horsesh. This guy is not entitled.
Speaker 2: This is not a real time. Now listen, I'm gonna
Speaker 2: tell you something. I'm gonna tell I have a cousin
Speaker 2: who works for a newspaper. Okay, I almost went there,
Speaker 2: and I'll tell you this guy he knows what you're
Speaker 2: all about. He calls you guys. He says, you're deceived.
Speaker 2: In the public of the United States of America.
Speaker 1: Facts comes in, Facts comes into the newsroom. All it
Speaker 1: is is the the docket, like the number of the case.
Speaker 1: And this clause highlighted. In the wrestling industry, any organization's
Speaker 1: champion belt is an indissia of achievement and is coveted
Speaker 1: and is coveted honor to represent a particular wrestling franchise.
Speaker 2: Somebody get over.
Speaker 1: Here right now.
Speaker 2: I need somebody get down a fucking courthouse and cover
Speaker 2: this ship. My cousin's there, he's representing a piece of boat.
Speaker 1: What is that, boss? What does that say on that
Speaker 1: piece of paper? It says that a.
Speaker 2: Belt. It says that a fucking bullshit wrestling organization's belt
Speaker 2: is an indissia of achievement.
Speaker 1: And that's fucking kid me.
Speaker 2: Down, Shut the funk down, all right. What we've been
Speaker 2: waiting for. This is a big day and I'm rolling
Speaker 2: on my sleeves right now. I'm gonna tell you right now,
Speaker 2: all right, I want you to get down. I want
Speaker 2: you to get down to the courthouse. Okay, you get
Speaker 2: down there right now, all right, and I'll need you.
Speaker 2: I'm gonna tell you what I'm gonna call my cousin.
Speaker 2: All right, I'm gonna have them. You're gonna get up
Speaker 2: on the stand and just declare that wrestling is a fraud.
Speaker 2: Witness the stand.
Speaker 1: This reporter is going to insert himself into this such
Speaker 1: that he takes the stand.
Speaker 2: I'm you're gonna be admitted as a witness, all right.
Speaker 2: You're gonna get up there, and you're gonna fucking say
Speaker 2: all this is bullshit. Wrestling is a fraud achievement, all right,
Speaker 2: This is not indiss of achievement. This is not fucking
Speaker 2: a coveted on coveted all right? Are you fucking kidding me?
Speaker 2: And I'll tell you what. If they don't let you
Speaker 2: on the fucking stand, I'm gonna go down there. How
Speaker 2: can it be a coveted honor if it's not real, Jim,
Speaker 2: I'll shoot my fucking ways exactly, all right, I'm gonna
Speaker 2: met they got metal, you know what they got. I
Speaker 2: don't give a ship. Throw my gun right at that
Speaker 2: fucking face. This ends today, coveted honor. That's the last straw.
Speaker 1: I have set for ye.
Speaker 2: Yes, And I have watched these these pieces of shit,
Speaker 2: these these low level insects. I have watched them infiltrate.
Speaker 1: I have watched them inject our country with poison, falsity,
Speaker 1: pulling the wool of everybody's eyes, convincing, And this is real,
Speaker 1: and this is worthy of respect.
Speaker 5: I am tired of being blind. I am tired of
Speaker 5: this fucking country playing blind. If it means I gotta
Speaker 5: go down and choke every single motherfucking.
Speaker 2: One of them.
Speaker 1: I'm gonna do it because tonight you're gonna write the
Speaker 1: fucking story because tonight we see.
Speaker 2: Tonight a rise opened, the blind does go off, and
Speaker 2: we piss on fraudulents.
Speaker 1: Well, there's an early bid for the TLFX tournament. Jesus Christ.
Speaker 1: This guy's getting his reps in good luck on the
Speaker 1: promo battle stage, my friend. That's right.
Speaker 2: Is an indicia of achievement is coveted honor to represent
Speaker 2: a particular wrestling franchise. WCW's and Alfonso's use of the
Speaker 2: ECW Heavyweight Champion Belt and their renunciation jointly and severally
Speaker 2: in any manner of ECW or the wise disrespect OFVCW
Speaker 2: and the belt is without permission, consent, or approval of
Speaker 2: ECW and the specific notice afforded to each of them,
Speaker 2: as set forth an exhibit c the April tenth, two
Speaker 2: thousand letter to WCW. As a result of the foregoing breach,
Speaker 2: ECW has been damaged in an amount not presently ascertainable,
Speaker 2: but in excess of seventy five thousand dollars.
Speaker 1: Two more claims to go.
Speaker 2: As and for a fifth claim ECW or piece reiterates
Speaker 2: and realleges the allegations contained in paragraphs one through thirty
Speaker 2: six above, as if more fully set forth here at
Speaker 2: at length, ECW owns the registered trademarks Extreme Championship Wrestling
Speaker 2: and ECW Wrestling. The last one is redundant. Among others,
Speaker 2: use of any ECW registered trademark and or of the
Speaker 2: ECW Heavyweight Champion built by Alfonso and or WCW is
Speaker 2: unlawful and without the permission of ECW, and in direct
Speaker 2: contravention of the written notice to WCW. ECW has gone
Speaker 2: to great lengths to publicize its name, using its valuable
Speaker 2: property in its trademark, to the wrestling industry and to
Speaker 2: the public. By virtue of the foregoing Alfonso and WCW
Speaker 2: have infringed upon and misappropriated the trade name and service
Speaker 2: more ark of ECW. As a result of the foregoing breach,
Speaker 2: ECW has been damaged in an amount not presently ascertainable,
Speaker 2: but in excess of seventy five thousand dollars. As and
Speaker 2: for a sixth claim, ECW repeats, reiterates, and re alleges
Speaker 2: the allegations contained in paragraphs one through forty two above,
Speaker 2: as if more fully set forth. Hereat at length ECW
Speaker 2: will be, has been, and continues to be irreparably harmed
Speaker 2: by virtue of the foregoing ECW has no adequate remedy law.
Speaker 2: ECW is entitled to an injunction and joining Alfonso from
Speaker 2: performing service for WCW, in joining WCW from continuing its plan,
Speaker 2: design or scheme to raid ECW's talent, and joining Alfonso
Speaker 2: from using the ECW Heavyweight Champion Belt in any event
Speaker 2: not approved by or sanctioned by ECW. Wherefore, ECW demands
Speaker 2: with the following relief on the first, second, third, fourth,
Speaker 2: and fifth claims of relief in a sum not presently
Speaker 2: ascertainable but in excess of seventy five thousand dollars each,
Speaker 2: and a preliminary injunction as a as a force stated
Speaker 2: and reasonable attorney's fees, and such other and further relief
Speaker 2: as the Court deems just and proper just incredible. That's right.
Speaker 1: April tenth, two thousand, New York. There is a complaint
Speaker 1: attempt to stop Mike Ausam from appearing on Nitro, And
Speaker 1: of course you got to file affidavits the people who
Speaker 1: can swear to what happened and brought us to this point,
Speaker 1: have to make representations before the court about what they
Speaker 1: knew and when there's always money there. I mean, it's
Speaker 1: not quite a transcript, but it's it's the next best
Speaker 1: and closest thing, and we'll get into those here in
Speaker 1: a moment. If you can bring your attention down to
Speaker 1: page let's see thirty six thirty seven of the document.
Speaker 1: This first up, Steve Carell. Steve Carroll introduces this affidavit,
Speaker 1: this sworn affidavit to the court. I am a representative
Speaker 1: of the plaintiff HHG Group AKAE c W. On April eight,
Speaker 1: two thousand, I had a telephone call at approximately three
Speaker 1: pm with the defendant, Michael Alfonso aka Mike Awesome. Prior
Speaker 1: to the conversation, I left one telephone message at his
Speaker 1: home and one message on his mobile telephone. I stated
Speaker 1: that he had already failed to appear on April six,
Speaker 1: two thousand, at Warren, Ohio, and on April seventh, two
Speaker 1: thousand at Cleveland, Ohio ECW shows, each of which non
Speaker 1: appearances constituted breaches of the agreements to find in the
Speaker 1: complaint he were in. I also asked him whether he
Speaker 1: would appear in Buffalo, New York in April eight, two thousand.
Speaker 1: He responded that he would not be appearing in Buffalo.
Speaker 1: Alfonso stated other things were in the works and that
Speaker 1: would be hearing from his peace. I requested that Alfonso
Speaker 1: return the ECW Championship belt, advising him it was ECW property,
Speaker 1: and offered to send a messenger to pick up the belt.
Speaker 1: Alfonso advised that he was at an airport in Florida
Speaker 1: and that a pickup was not possible. Why not, You
Speaker 1: can't get into the airport. I'm sorry, No, I'm actually
Speaker 1: in a completely enclosed area of the airport right now.
Speaker 1: They won't let anybody in. Yeah, I advised we could
Speaker 1: arrange this Prety nine to eleven too, is the security
Speaker 1: I arrive in there? I advised we could arrange for
Speaker 1: pickup at any place. Alfonso advised he would call me
Speaker 1: upon arrival at his next destination, which was not identified.
Speaker 1: On April nine, two thousand, not hearing from him, I
Speaker 1: left messages on both his home telephone message machine and
Speaker 1: his mobile telephone message machine stating that the belt could
Speaker 1: be picked up at any location as to the date
Speaker 1: of this affidavit, that is, April tenth, two thousand. I
Speaker 1: have not heard from him, signed Steve Carroll. Next before
Speaker 1: the court, Paul Hayman. I am the president and majority
Speaker 1: shareholder of the plaintiff group HHG CORP AKAC double Q.
Speaker 1: I am the founder of ECW. I negotiated the agreement,
Speaker 1: as to find in the complaint in this action, with
Speaker 1: Alfonso and witnessed Alfonso initially the pages and changes in
Speaker 1: the agreement. I am aware of an interview by Jason Powell,
Speaker 1: torch assistant. Oh here we go. He's reading the torch
Speaker 1: and putting in his fucking complaints. Oh my god, torch
Speaker 1: assistant editor, which took place on February twenty fourth, two thousand,
Speaker 1: with Alfonso, during which interview Alfonso stated, I think I
Speaker 1: signed it the agreement. This pasted October, so that will
Speaker 1: keep me here at ECW until two thousand and two.
Speaker 1: So there is Alfonso saying the contract is from the
Speaker 1: fall of ninety nine and not April. This quote refers
Speaker 1: to the agreement in Alfonso's commitment to ECW until two
Speaker 1: thousand and two. A copy of the transcript of the
Speaker 1: interview is attached here too, and incorporated herein by this
Speaker 1: reference as Exhibit one. Attached here to and incorporated here
Speaker 1: in by this references. Exhibit too is an article authored
Speaker 1: by Bert Woodard which appeared on Wrestling dot Com and
Speaker 1: I think he means one wrestling dot Com. That could
Speaker 1: be wrong, and among other things, that attempts were made
Speaker 1: to contact Alfonso this past weekend and were not successful.
Speaker 1: I wonder who dropped the dime with that information. I
Speaker 1: wonder who told them about that. That Alfonso has signed
Speaker 1: a valid ECW contract, that Alfonso has confirmed the existence
Speaker 1: of a long term contract with the CUB and that
Speaker 1: Alfonso has the ECW World Title belt with him. ECW
Speaker 1: has performed all its obligations under the agreement. Moreover, not
Speaker 1: only did I witness Alfonso initially and modifying the text
Speaker 1: of the agreement in my presence, but I also signed
Speaker 1: the agreement in the presence of Alfonso. I believe these
Speaker 1: WCW has launched a plan design scheme my God to
Speaker 1: rate ECW of its talent and to interfere with ECW's talent.
Speaker 1: The acts and actions of w c d W have
Speaker 1: damaged and continue to damage the name of ECW, and
Speaker 1: if Alfonso appears on any WCW programming, ECW will suffer
Speaker 1: damages which are not presently ascertainable. I am aware of
Speaker 1: the full and complete content of the affidavit of Steve
Speaker 1: Carroll submitted with the papers in support of East CW's
Speaker 1: application for preliminary relief, and confirm that Alfonso failed to
Speaker 1: appear at scheduled DCW appearances, including April sixth, two thousand,
Speaker 1: at the Agora Theatre in Cleveland, Ohio, April seventh at
Speaker 1: the Packard Music Hall in Warren, Ohio, and on April
Speaker 1: eighth at the Burt Flickiner Center in Buffalo, New York.
Speaker 1: In addition, Alfonso is supplied with prepaid airline tickets for
Speaker 1: air transportation from his residence in Tampa, Florida to attend
Speaker 1: these events. I attempted to but was unable to contact
Speaker 1: Alfonso to determine the reason he did not appear on
Speaker 1: April sixth and seventh. I requested others to try to
Speaker 1: contact him, but they were also unsuccessful. On April eighth,
Speaker 1: when Alfonso was contacted by Steve Carroll, Alfonso advised that
Speaker 1: he would not appear at the Buffalo, New York ECW event.
Speaker 1: This is their champion, by the way, I'm not going
Speaker 1: to be there y fuck it. Mister Carroll advised Alfonso
Speaker 1: of the reports of Alfonso appearing on a live WCW
Speaker 1: program Nitro on April tenth, schedule to take place in Denver, Colorado,
Speaker 1: would pose a threat to and be a breach of
Speaker 1: his agreement with the c W. I believe these actions
Speaker 1: and the references and the complaints admitted here with evidence
Speaker 1: a continued plan or scheme on the part of WCW
Speaker 1: to interfere with ECW's business relationships. By virtue of the foregoing,
Speaker 1: ECW has been and continues to be irreparably harmed. That'd
Speaker 1: be a good pay per view name for them. Irreparable harm, ECW,
Speaker 1: irreparable harm, ECW, irreparable hard by the actions of WCW
Speaker 1: and Alfonso sworn to before me this tenth day of
Speaker 1: April two thousand, Paul Hayman. And they actually include something
Speaker 1: from the Pro Wresting Torch website, which was an interview
Speaker 1: than Mike Austin did in February of two thousand.
Speaker 2: Oh my god.
Speaker 1: As referenced, he talks about having signed the contract. So
Speaker 1: it was like, you know, here's public, here's not only
Speaker 1: you know, here's not only evidence in public that the
Speaker 1: contract exists. But here's Mike Awesome talking about understanding the
Speaker 1: terms of the contract and knowing full well and yeah,
Speaker 1: this looks like one Wrestling dot Com. Now I love
Speaker 1: this exhibit. Do you see the next thing here at
Speaker 1: ECW news by Buck Woodward? Yes, yes, you see what
Speaker 1: it is. What's written in that right margin there.
Speaker 2: See, this has been sent to Brad Seagell. He reads
Speaker 2: One Wrestling regularly.
Speaker 1: The Brad SEAgel that never really got involved in the
Speaker 1: minutia of the wrestling business. That you know, he, by
Speaker 1: his own admission on the death of w CW, never
Speaker 1: really got involved in the machinations and the actual mechanics
Speaker 1: of writing wrestling stories and putting together wrestling and and
Speaker 1: and and considering himself above the pathological lying lot that
Speaker 1: was the talent and actors and operators in the wrestling business.
Speaker 1: He's reading One Wrestling dot Com, Yes he is. I
Speaker 1: don't know. That doesn't sound to me like someone who
Speaker 1: was hands off and puppeteering World Championship Wrestling. I saw that.
Speaker 2: I was like, oh my god, what's going on?
Speaker 3: Brad?
Speaker 1: Brad, Brad, do you want to know what's on One
Speaker 1: Wrestling dot com. Really is this not also the website
Speaker 1: that Bob Ryder ran who turned around and wrote that
Speaker 1: famous blog post about Stu Snyder and Brad Siegel working.
Speaker 2: Yeah yeah, yeah, yeah yeah yeah.
Speaker 1: To effectuate a heavily discounted sale of WCW. Do the WWF.
Speaker 1: I love it very much. So now this is a
Speaker 1: letter from April tenth from a Tom Steele, who I
Speaker 1: believe is the attorney. It is dressed to Tom Steele
Speaker 1: from ECW's attorneys, and Tom Steele is my gossam's attorney.
Speaker 1: This will confirm our telephone conversation of approximately two twenty
Speaker 1: pm this afternoon the day of apparently that Nitro where
Speaker 1: in the following occurred one you telephone me and advised
Speaker 1: you represented Alfonso. So there was a phone call from
Speaker 1: Alfonso's lawyer to ECW, which he has referenced sort of
Speaker 1: intimated when they reached him that weekend that my people
Speaker 1: will be calling you. And apparently according to ECW's lawyers,
Speaker 1: this is what Austome's lawyer said. You telephoned me and
Speaker 1: advised me you represented Alfonso. You advised that whether Alfonso
Speaker 1: appeared on behalf of WCW on tonight's Nitro show was
Speaker 1: solely within the purview of w CW, and that you
Speaker 1: had not instructed your client to appear or not to appear,
Speaker 1: covering his ass. Tom Steel, Ladies and gentlemen, absolutely nerves
Speaker 1: of steel.
Speaker 2: Not quite. He's in for the steel.
Speaker 1: Stop the steel.
Speaker 2: Yeah, look at that fucking Tampa, Florida address. By the way.
Speaker 1: Stop this.
Speaker 2: Oh geez, brother, I got a guy, dude, he's the
Speaker 2: strongest metal brother. I want to give you this Tom Steel, dude,
Speaker 2: He'll help you out.
Speaker 1: Perfect. That's exactly what happened. Three. You advised you had
Speaker 1: initiated a lawsuit in Tampa, Florida against ECW on behalf
Speaker 1: of Alfonso. No yet, we don't have any access to that.
Speaker 1: That was probably filed in a local court, and ECW
Speaker 1: turned around and filed it here in federal court, resting
Speaker 1: on that seventy five thousand or greater, which probably makes
Speaker 1: it federal and jurisdiction. I'm not sure, but thankfully for us,
Speaker 1: it was a federal complaint because that those are always
Speaker 1: easier to access. You requested a copy of Alfonso ECW contract.
Speaker 1: I took your request under advisement. I notified you that
Speaker 1: ECW would be seeking a temporary restraining order in preliminary injunction. Today.
Speaker 1: You advised you have retained New York Council, but did
Speaker 1: not identify them. You requested that I forward a copy
Speaker 1: of today's letter to WCW to your office. You advised
Speaker 1: you and forward by facts immediately a copy of the
Speaker 1: Florida lawsuit you commenced. You asked to be contacted by
Speaker 1: the judge, and I appeared in court today seeking the
Speaker 1: tro et cetera, and attached to a copy of the
Speaker 1: letter you have requested. And so that's the letter we
Speaker 1: read in which ECW's lawyers lay out the case to
Speaker 1: Ted Turner, Diana Meyers, Georgia Davidson, who is talent business
Speaker 1: manager for WCW, as well all the circumstances that led
Speaker 1: to them claiming that he's in breach. Now, again, we
Speaker 1: don't have the lawsuit that Mike Assom file, But that's
Speaker 1: interesting because, yeah, so whatever that lawsuit says, and it
Speaker 1: doesn't really matter because this results in a settlement anyway.
Speaker 1: And obviously Mike Assam goes to WCW. The fact that
Speaker 1: he filed the lawsuit tells me that Mike Ossam also
Speaker 1: thought he had a case that the contract had been
Speaker 1: violated on his side, and it wasn't just something he
Speaker 1: stupidly just thought people would take his word for and
Speaker 1: when he actually had a lawyer file a suit to
Speaker 1: make those claims. And I'm sure to your point it
Speaker 1: had to do.
Speaker 2: With not getting paid, Yeah, I would imagine.
Speaker 1: And the ultimate outcome of all of this, which is
Speaker 1: blazing through the courts on the day of the show,
Speaker 1: you know, because courts will take this up if it's
Speaker 1: that pressing, you know, if it's like okay, tonight, if
Speaker 1: you don't do something. So they kind of fast tracked
Speaker 1: the whole thing. And when a judge issues a order
Speaker 1: to show cause for a preliminary injunction and temporary restraining order,
Speaker 1: when a temporary restraining order is filed and a settlement
Speaker 1: is quickly reached, the judge writes, upon consideration of the
Speaker 1: summons and complain to ECW the affidavits of Stephen Sterns
Speaker 1: Carolyn Paul Hayman, it is hereby ordered that Michael L.
Speaker 1: Fonso and WCW show cause before this court on April fourteenth.
Speaker 1: So the judge sets a date to show cause, and
Speaker 1: it's like Okay, well, yes, we've got to not do
Speaker 1: anything until then, because why an order should not be
Speaker 1: issued preliminarily in enjoining Alfonso from rendering any services of
Speaker 1: any type of nature to WCW and preliminarily in joining
Speaker 1: WCW from engaging Alfonso to perform any services of any
Speaker 1: type of nature. So the judge is saying, you need
Speaker 1: to appear before me four days after this nitro and
Speaker 1: explain to me why I shouldn't issue an order that
Speaker 1: says by cousin cannot do anything for WCW. Now there's
Speaker 1: this included, and then it's crossed out. I don't know
Speaker 1: why it's crossed out, perhaps because the settlement is reached.
Speaker 1: But it's this term here from the judge that causes
Speaker 1: the settlement. I'd imagine discussions because a judge is kind
Speaker 1: of siding with ECW. It is hereby further ordered that,
Speaker 1: pending the determination of ECW's motion for a preliminary in junction,
Speaker 1: Alfonso is immediately stayed. Stayed is another word for band
Speaker 1: from rendering any services of any type or nature WW,
Speaker 1: including appearing on any WCW programming, including but not limited to,
Speaker 1: the Monday, April ten, two thousand Nitro program.
Speaker 2: What about working catering?
Speaker 1: It depends what do you mean by working scheduled to
Speaker 1: be air at eight pm Eastern Center Time, and WW
Speaker 1: is immediately enjoined, that is to say, banned and stayed
Speaker 1: from engaging Alfonso to perform any services of any type
Speaker 1: of nature for WCW, including engaging him to appear on
Speaker 1: the Monday, April ten, two thousand nitro program scheduled to
Speaker 1: be aired at eight pm Eastern Standard Time. It is
Speaker 1: hereby I ordered the bond the amount of one hundred
Speaker 1: thousand dollars to be filed by ecwbdems sufficient pursuit of
Speaker 1: the Federal Rules of Civil procedure. It is here by
Speaker 1: further order that the services disorder to show cause will
Speaker 1: be delivered by facts to Andy Velkoff, who is a
Speaker 1: WW attorney. Okay, and there it is. So when judge,
Speaker 1: what is the name, Well, it's signed, but it's not printed,
Speaker 1: and it's hard to make up the signature of the judge.
Speaker 1: But when the judge, when the judge issues that that
Speaker 1: series of orders, it's basically saying Mike Austom can't show
Speaker 1: up on Nitro, And so that brings the parties closer
Speaker 1: together to figure this thing out, and at that point
Speaker 1: the court ducket indicates that a settlement was reached and
Speaker 1: the judge didn't have to make a decision here. The
Speaker 1: parties figured it out. Undoubtedly. Ecwsaid, fine, will drop all
Speaker 1: of our contractual claims, will you know, nullify Mike Ausom's
Speaker 1: VCW contract in exchange for and then we start the
Speaker 1: negotiation presumably around having him come back to drop the championship,
Speaker 1: thus leading to that one of a kind moment where
Speaker 1: a WWF contracted wrestler in Taz submits a WCW contracted
Speaker 1: wrestler and Mike Awesome on an ECW show for the
Speaker 1: ECW title.
Speaker 2: Crazy.
Speaker 1: That's what That's what it's about, folks. That's what this
Speaker 1: whole thing is, and that's an important subtext to Living
Speaker 1: Dangerously two thousand and the final appearance on an ECW
Speaker 1: pay per view and in some ways the final appearance
Speaker 1: period of Mike Awesam as e CW champion