Case 5:12-cv-00836-DEP Document 97-2 Filed 09/30/15 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF NEW YORK
-----------------------------------LAURIE J. FINE,
Plaintiff,
-againstESPN, Inc., a subsidiary of Walt Disney, Inc.; MARK
SCHWARZ, in his individual capacity and as an
employee of ESPN, and ARTHUR BERKO, in his
individual capacity and as an employee of ESPN,
Defendants.
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DECLARATION OF THOMAS CURLEY

I, Thomas Curley, under penalty of perjury and pursuant to 28 U.S.C. 1746, declare that
the following is true and correct:
1.

I am a partner in the law firm of Levine Sullivan Koch & Schulz, LLP, counsel

for defendants in the above-captioned action and am admitted pro hac vice in this action. I
submit this declaration in support of Defendants Motion For An Order Finding Plaintiff To Be
A Public Figure.
2.

Attached as Exhibit A is a true and correct copy of excerpts from the deposition

of Plaintiff Laurie J. Fine in this action taken September 3, 2014.

3.

Attached as Exhibit B is a true and correct copy of a compilation of the excerpts

of the Bridge Street television programs referenced in Defendants Memorandum of Law. Those
excerpts, in the order in which they appear in Exhibit B, are as follows:

Bridge Street program broadcast by WSYR-TV on April 12, 2010, specifically

the segments at 3:23-5:40 and 34:39-39:07 of the program;

Case 5:12-cv-00836-DEP Document 97-2 Filed 09/30/15 Page 2 of 4

Bridge Street program broadcast by WSYR-TV on May 12, 2010, the segment at
48:25-51:10;

Bridge Street program broadcast by WSYR-TV on April 28, 2010, the segment at
30:55-34:19;

Bridge Street program broadcast by WSYR-TV on June 1, 2011, the segment at

31:03-32:14;

Bridge Street program broadcast by WSYR-TV on November 12, 2010, the

segment at 7:00-12:24; and

Bridge Street program broadcast by WSYR-TV on June 9, 2011, the segments at

12:00-12:43 and 14:01-15:50.

4.

Attached as Exhibit C is a true and correct copy of two news reports broadcast by

Time Warner Cable News on June 6, 2006 and July 1, 2006.

5.

Attached as Exhibit D is a true and correct copy of two articles published by the

Syracuse Post-Standard on May 10, 2006 and May 5, 2008.

6.

Attached as Exhibit E is a true and correct copy of news reports broadcast by

WSYR-TV on March 19, 2010 and March 23, 2010.

7.

Attached hereto as Exhibit F is a true and correct copy of the Bridge Street

television program broadcast by WSYR-TV on April 12, 2010.

8.

Attached hereto as Exhibit G is a true and correct copy of the Bridge Street

television program broadcast by WSYR-TV on May 12, 2010.

9.

Attached hereto as Exhibit H is a true and correct copy of the Bridge Street

television program broadcast by WSYR-TV on June 9, 2011.

Case 5:12-cv-00836-DEP Document 97-2 Filed 09/30/15 Page 3 of 4

10.

Attached hereto as Exhibit I is a true and correct copy of the Bridge Street

television program broadcast by WSYR-TV on November 12, 2010.

11.

Attached hereto as Exhibit J is a true and correct copy of excerpts from the

deposition of defendant Mark Schwarz in this action taken September 15, 2014.
12.

Attached hereto as Exhibit K is a true and correct copy of the Bridge Street

television program broadcast by WSYR-TV on April 28, 2010.

13.

Attached hereto as Exhibit L is a true and correct copy of a webpage offering

teddy bears for sale with voice recordings that say Go SU-this is Bernie Fine This is Laurie
Fine.
14.

Attached hereto as Exhibit M is a true and correct copy of excerpts from

Plaintiffs Document Responses in this action.

15.

Attached hereto as Exhibit N is a true and correct copy of articles published by

the Syracuse Post-Standard on May 20, 2011 and May 27, 2011.
16.

Attached hereto as Exhibit O is a true and correct copy of the Bridge Street

television program broadcast by WSYR-TV on June 1, 2011.

17.

Attached as Exhibit P is a true and correct copy of an article published by the

Syracuse Post-Standard on May 16, 2012.

18.

Attached hereto as Exhibit Q is a true and correct copy of a news report broadcast

on WSYR-TV on May 16, 2012.

19.

Attached hereto as Exhibit R is a true and correct copy of excerpts from the

deposition testimony of Deborah Gaetano in this action taken December 9, 2014.

20.

Attached hereto as Exhibit S is a true and correct copy of excerpts from the

deposition testimony of Drake Gaetano in this action taken December 9, 2014.

Case 5:12-cv-00836-DEP Document 97-2 Filed 09/30/15 Page 4 of 4

I declare under penalty of perjury under the laws of the United States that the foregoing
statements are true and correct.

September 30, 2015

/s/ Thomas Curley
Thomas Curley