CM Punk & Colt Cabana v Dr Chris Amman Trial Day 3 Afternoon Notes

I was at the Cook County Courthouse for the third day of Dr. Chris Amman’s lawsuit against CM Punk & Colt Cabana. Here are the notes from the afternoon session of 5/31.

Court reconvened at 1pm CDT

Video testimony of Mark Carrano (recorded 5/3/2018) is played.

Carrano confirms he’s been Vice President of Talent Relations since 2/1/2015.
Carrano originally states that he became Senior Director of Talent Relations in 2014, but corrects himself and says he started a Senior Director in 2010.
Carrano confirms that he oversees all aspects of talent.
Counsel: “Is wrestling a competition?” Carrano: “Yes.”
Carrano describes wrestling a “Live Event Action Movie”
Carrano confirms he was at the 2014 Royal Rumble
Carrano, in describing the Rumble match, confirms that entrance intervals have “Creative Liberty”
Carrano confirms the Rumble is predetermined
Carrano started the Rumble in the Talent Relations office, but made a 4 minute walk to Gorilla Position, where he remained for the length of the match.
Carrano describes Gorilla containing Vince, Triple H, Billy Kidman, and Michael Hayes
Sometimes up to 10-15 Superstars are lined up in Gorilla during the Rumble.
Vince is on a monitor and headset, and is talking to announcers.
HHH was also on headset and monitor
Billy Kidman was the Rumble timekeeper.
According to Carrano the match was put together by Michael Hayes and Jamie Noble, but only Hayes was in Gorilla.
Carrano noticed Punk took a strike (can’t confirm clothesline or kick) from Kofi kingston and landed oddly.
At that point, Carrano, Triple H & Hayes all descended on Billy Kidman, all asking Kidman to ask the refs if Punk is hurt.
“Check on Brooks [Punk]. Is he ok? Is he hurt?” -Billy Kidman
Referee John Cone was the only one to signal to the back, and only signaled that he received their communications.
Carrano saw Punk and Cone talking. Counsel: “What did you observe?” Carrano: “An aggravated superstar.” Carrano doesn’t recall anyone but Cone talking to Punk.
Kidman told refs to get Punk out of the ring, multiple times.
Carrano confirms seeing Amann and Punk talk on camera. “He [Punk] seemed displeased.”
Counsel: “Did Mr. Brooks continue to wrestle after [Dr. Amann’s talk]?” Carrano: “Yes.”
Carrano says Punk never brought up a lump or infection.
Carrano says Punk brought up his concussion the next day, in Cleveland.
Carrano says Punk was in the arena until around 5pm.
Carrano says Punk voiced displeasure with Medical Staff.
Carrano says that Punk was concerned that future storylines were harmed by changing the elimination. Carrano also said that he had no knowledge of creative plans, so he didn’t know what change Punk was talking about. In the courtroom, Punk looked confused at this statement.
Carrano says Punk was upset with the testing, company, anything that involved Punk getting removed from the match early.
Carrano said Punk was mainly angry about medical staff changing creative plans.
Carrano says Punk never brought up his back during this conversation.
Carrano says he has not seen Punk, outside of text messages or email, since the night after the 2014 Rumble.
Carrano says he was not aware of any anti-biotic treatment.
Carrano was not made aware of any bump or infection.
Carrano confirms that he saw Punk with his shirt off.
Carrano confirms that he saw no lump or infection of any kind.
Carrano believes everyone in Gorilla Position was concerned.
After elimination, Carrano said Punk was “irate.”

Testimony of Scott Colton

Colt confirms that Art of Wrestling has been around since 2010.
Colt confirms that Art of Wrestling is taped in advance.
Colt confirms he has edited out parts of his podcasts in the past.
Colt confirms that he is responsible for promoting the podcast, using Facebook, Twitter, and his own website.
Colt confirms that he uploads the podcast to YouTube.
Colt confirms that it is on iTunes, through Soundcloud.
Colt confirms that episode 226, starring CM Punk was uploaded on 11/26/2014
Counsel brings up Colt saying the podcast has 3 million listeners but Colt only says “to the best of my recollection.”
Colt confirms that he told a childhood friend that the podcast has “almost 3 million listeners.”
Colt says he got that number through analytics.
Counsel brings up ep. 226 getting 1.5 million downloads in 4 days, but Cabana responds “I wouldn’t know.”
Counsel presents a text to the CEO of EarWolf in which Colt mentions “Well over 1.5 million downloads.”
Colt confirms that this was a new record for the podcast.
Colt confirms that YouTube user AJUniverse streamed ep. 226 on YouTube.
Counsel enters Exhibit 16, a screen capture of AJUniverses YouTube page, and the 1,041,409 views that said upload received.
At this point a juror’s phone went off.
Colt confirms that people had to click play on YouTube to listen to the podcast.
Colt confirms that AJUniverse outperformed Colt’s page due to Colt’s page suffering a server crash.
Colt confirms starting to use Soundcloud in 2014.
Colt confirms receiving a Cease & Desist from Dr. Amann.
Colt confirms that the letter asked him to post a retraction of the statements in ep. 226
Text messages between Cabana & Punk [confirmed by Colt]

Cabana: “I just got a physical letter from Amann.”

[Cabana confirms that Punk received a Cease & Desist as well]

Punk: “Poor guy, I almost feel bad I was mean.”
Colt refuses to confirm that he knew Punk was talking about Amann. Colt suggests that Punk might’ve been talking about the entire medical staff.
Text message from Punk: “But fuck him.”
Colt confirms that he continued to distribute ep. 226, w/o retraction or editing, for 2.5 years.
Colt confirms distribution through Soundcloud, website, etc.
Colt confirms that Art of Wrestling starts on Soundcloud.
Colt confirms that Soundcloud provides metrics that aren’t available to the public.
Colt confirms worldwide distribution, including listeners in United Kingdom, Canada & Saudi Arabia.
Colt cannot confirm that he has no reason to trust the analytics. Colt began to answer that EarWolf recently moved away from Soundcloud but it was struck from the record.
Colt says he understood the SC analytics to be “accurate enough.”
Colt says he made ep. 226 unlisted on YouTube Direct, and is not sure if it is still accessible.
Counsel gives Colt his phone and makes him enter the URL of ep. 226 on YouTube, proving that it is unlisted but ultimately playable.
Using the phone Colt confirms the current plays are at 789,630 on the “unlisted” version.
Colt confirms that he uploaded to YouTube Direct after the Cease & Desist.
Colt cannot confirm how close to 3million listeners he actually had.
Colt confirms that Punk showed him his back, but can’t confirm if it was 2013 or 2014.
Colt confirms that Punk’s lump looked like a “bubble” or “half an egg”
Colt confirms Punk showed the lump to Colt.
Amann’s attorney then realized he’d been reading from the wrong deposition and started again.
Colt is reprimanded by the judge for questioning the attorney.
Colt confirms that he never questioned Punk’s story about the lump.
Text from 12/1/2014:

Punk: “Like a zit that was golfball sized.”
Colt says it looked like “half an egg.”
Colt confirms that both an egg and a golfball are smaller than a baseball.
Colt confirms that he never saw paperwork proving MRSA or Staph diagnosis, same for paperwork regarding treatment.
Colt confirms he never contacted Amann, WWE, et al.
Colt confirms he didn’t know Amann’s name until the Cease & Desist.
Colt confirms that Punk called Amann “the most worthless piece of shit he’d ever met.”
Colt confirms that Punk was not unbiased.
Colt confirms that he never contacted Dr. Patrick Batemen.
Colt corrects counsel that the name was Patrick Duffy.
Colt confirms that he never met any Tampa doctor.
Colt’s lawyer takes over.
Colt cannot confirm that any of his listeners listen to his entire podcast, or what part to which they listened.
Colt’s lawyer attempts multiple times to get Colt to say that “one person pressing play a hundred times, counts as 100 plays,” but Amann’s lawyer shuts it down everytime until Colt’s laywer abandons the line of questioning.
Colt confirms that the server only crashed one time.
Colt says he didn’t think anything Punk said was false.
Colt says the Cease & Desist did not change his mind.
Colt says the letter gives no reason to doubt Punk.
Colt says Amann never contacted him.
Colt says he never saw a “baseball-sized” lump.

15 minute break

Video testimony of Physician’s Assistant Patrick Duffy (recorded 8/16/2017) is played.

Duffy has been practicing for 11 years, licensed in Florida.
Duffy is authorized to treat dermatological issues.
Duffy is certified by the NCCPA, and his license is, and has been, in good standing.
Duffy worked at Academic Alliance & Dermatology for 8 years. (where he saw and treated Punk and other wrestlers)
Duffy did not attend medical school, and is not an MD.
He never calls himself a doctor, only a physician’s assistant.
Has diagnosed MRSA in the past
Has treated MRSA in the past
Duffy explains the steps to diagnosing MRSA (can be done by eye, but a culture is usually done to confirm presence of bacteria)
Duffy confirms seeing Punk as a patient on 2/13/2014
Duffy goes over Punk’s medical report from the visit. While his original deposition is filled with “do not recalls,” he helps confirm that Punk told him he had the “spot” for two months. All symptoms suggested drainage as the best treatment.
Duffy confirms that Punk had a fatty, sore, tender, red lump on his lower back.
Duffy confirms treating inflammation and swelling.
Duffy describes the procedure, that requires using a scalpel to pierce and drain the lump.
The Jury’s eyes have begun to glaze over.
Duffy confirms that he would have cultured Punk, but Punk refused due to lack of insurance.
Duffy confirms the use of cortical steroid injection to treat inflammation.
Duffy indicates there was no “central pustule” that is usually an indicator of staph or MRSA.
Duffy claims that the lump was not “golfball” sized, or else he would’ve noted it in the records.
Duffy says “baseball sized” definitely would’ve been noted, had it been the case. It was not.
Duffy describes the procedure as unremarkable. None of the squirting and screaming that Punk talked about on the podcast.
Duffy prescribed an anti-biotic [monodox], as he’s done for everything ranging from skin infections to acne.
Duffy confirms scheduling Punk a follow-up for one week later. Punk does not go to the follow up.
Duffy sees Punk again on 3/20/2014, Punk still has a lump but Duffy doesn’t diagnose as anything other than a benign lump.
Punk was reportedly responding well to Monodox.
Duffy confirms that he wrote Punk an excuse note that mentioned possible Staph or MRSA, but the ICD code identifies that it was diagnosed as a cyst.
Duffy confirms that Punk asked for the excuse note.
Duffy was not aware of who Punk wrestled for on 3/20/2014.
Duffy says staph is common in wrestling.
Duffy confirms that MRSA is a subset of staph.
Duffy confirms that he has brought up staph to patients in the past.
A juror appears to briefly fall asleep, but wakes up soon after.
Duffy explains the drainage procedure.
Duffy says that the procedure can cause pus to discharge, hence eye protection, but that he did the procedure carefully.
Duffy confirms that a central pustule is not needed to diagnose MRSA or staph.
Duffy explains rationale and procedure for culturing.
Duffy confirms that a patient that does better on anti-biotics likely had or has an infection.
Duffy confirms he has never forged an excuse note to meet a patient’s wishes.
Duffy cannot recall discussing ICD codes with patients.
At follow up, Duffy did not culture, as Punk was responding to anti-biotics.
Duffy confirms that he wore a white coat with his name embroidered on it during the appointment.
Duffy confirms that staph infection doesn’t respond to Z-Pack antibiotics.