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CM Punk & Colt Cabana v Dr Chris Amma

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CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por Ribeiro em Sex Jun 01 2018, 01:05

D2 Manhã

I have been in the Cook County Courtroom in downtown Chicago this morning observing the second day of trial between Dr. Chris Amann and CM Punk/Colt Cabana on behalf of WrestleZone.

Below are my notes from this morning’s proceedings. I will have another post up later today with a recap of what happens in the afternoon.

There are several large boxes of documents scattered around the room
Cabana arrived the earliest, by almost an hour, wearing a nice suit and was very cordial
Dr. Amann arrived about thirty minutes early and immediately took his place at the witness stand
Punk was the last to arrive, looking to be in good shape for him upcoming UFC fight and wearing a blue suit
Punk also seemed tired and like his right eye might have been slightly red, possibly from training
Punk and Cabana do not exchange any words before the trial begins for the day
I was formally announced to the room as covering the trial for WrestleZone which got a smile from both Punk and Amann, maybe due to the novelty
Amann’s lawyer begins to question him about how Punk’s podcast appearance with Cabana affected him
Amann says that he has been “harrassed” and “ridiculed” by Punk fans on social media
Screen shots are shown of various tweets and Instagram posts by Amann with fans making snide comments to him
Including one where a fan called him a “Z Pak Retard” on 12/15/14
A 12/1/14 tweet from Marissa Payne is shown featuring a fan made sign on RAW that read “Can Someone Check My Staph Infection?”
Amann says that he recalls the sign and the night of that RAW because it was right after the podcast
Amann says the fan made sign made him “angry and embarrassed” as well as “humiliated
Another tweet was shown from a fan calling Amann “#DrZPak”
Amann begins to recall the 2014 Royal Rumble
Amann describes how a Royal Rumble match works to the jury and lets them know that the winner is scripted and pre-determined
Amann claims he did not know who was going to the win the match, who would be eliminated or anything like that
Amann recalls that about 29-30 minutes into the match he came to Punk’s side while Punk was laying in the ring and Amann knelt on the ground outside the ring
Amann says that before he joined Punk he was sitting alongside Mark Yeaton (bell keeper), Timothy Gang (Audio Tech) and Justin “Roberts” Frazen (Ring Announcer)
Photographer John Giamondo first relayed to Amann that Punk wanted to talk to him
Amann asked Punk, “What’s happening? What’s going on?”
Punk responded, “I got rocked,” which Amann interpretted as meaning he had a head injury
Amann claims Punk told him he was rocked by “a clothesline from Kofi,” which leads to Amann describing a clothesline to the jury
Punk allegedly tells Amann that he was, “seeing zig zags and squiggly lines”
Amann claims to have informed Punk of a concussion and asked him to eliminate himself from the match to which Punk replied, according to Amann, “Nah, I am just going to collect myself and get back in the match”
Amann then approached Yeaton to ask him to inform “Gorilla” that Punk was concussed and needed to leave the ring
Amann describes “Gorilla” as the nerve center where the show is produced
Amann says that Punk was unwilling to listen to him
Amann didn’t have the same headset as Yeaton to talk to “Gorilla” in the back but did have an IFB so that he could hear Gorilla but not speak to them
Yeaton then told Gorilla that Punk was concussed and needed to leave the match
Amann heard Michael Hayes, the producer, give the order for Punk to roll out of the ring
Amann did not talk to Punk any further in the match
Amann did have a walkie talkie so that he could communicate with the EMTs and contacted Larry Heck the Athletic Trainer
Amann observed the refs several times try to relay the message to Punk over a 1-2 minute period
Punk began listening more intently that at any other point in the trial today
Michael Hayes then gave the order for Punk to “just eliminate himself” before sending Kane out to eliminate him
Punk never rolled out of the ring and Kane eliminated him
Amann claims to have only prescribed antibiotics to Punk between 2012-2014 for a sinus infection
A 1/16/14 medical report is reviewed where is says, “Phil says his shoulder has been bothering him since last Monday. No specific injury.”
Amann’s diagnosis was that he had shoulder pain and asked for a radiologist to check him out
Amann ordered x-rays with four views
Amann did not prescribe antibiotics at this time
12/17/13 meeting with Punk is revisted where Punk sustained an in-ring elbow injury, was treated with ice and anti-inflammatory but did not prescribe antibiotics
Another medical report is reviewed where Amann says he evaluated Punk, without a shirt on, and did not notice a cyst on his back or buttocks
Text exchanges between Amann and Punk are shared
10/22/13- Punk made no reference to back lump and never brought up lump beyond this
12/4/13- Punk reveals he is coughing like a maniac and his ribs hurt
Amann says any number of conditions could cause this and doesn’t recall doing anything at the time while he was awaiting lab results
Amann states that Punk’s comments on Cabana’s podcast have not affected his job with WWE
Amann again says he’s felt “humilated and embarrassed” since the podcast
Following the Rumble match Amann says he saw Punk in the locker room, alone, here is the exchange Amann remembers:
Punk, “What was that bullshit?”
Amann, “I felt you had a concussion and needed out of the match.”
Punk, “Fu*k that”
Punk went on to describe symptoms including a bulging eye
Several photos from the Rumble were shown of Punk’s back with no cyst or back bulge
No further questions from Amann’s team and we go to break
Cabana/Punk’s team begin cross examination
Amann is asked about an e-mail to the “TR Team” which is an e-mail group consisting on the WWE Medical Director, Medical Assistant, Stacy Depolo, Medical Staff and Mark Carrano
In the email Amann prescribes antibiotics for pharyngitis
Several e-mails are shown between Amann and fellow WWE doctor Michael Samson
Samson jokes in one e-mail that, “We’re talking to Punk about a medical dose pack but we have to let AJ think about it
This was apparently a joke about how AJ Mendez, aka AJ Lee, who was Punk’s girlfriend at the time was sitting in on medical meetings
A text exchange is shown between Amann and Punk where Punk complains of stiff ankles and sore ribs
Punk jokes about feeling, “lovely,”
11/5/13 e-mail from Amann to Samson is shown stating Punk feels nauseated and has a headache
11/14/13- DePolo to Amann e-mail has her telling Amann that Punk has been fatigued, nauseated and vomiting for days
11/15/13 e-mail from Samson to DePolo and Amann says that Samson had a long talk with Punk and Punk is reporting no energy, fatigue, appetite, mild diarrhea and headaches after wrestling for three days
Punk appeared to be working matches as normal
11/16/13 e-mail from Samson to TR Medical says that Punk is still reporting fatigue and headaches, especially after taking “bumps”
Amann describes “bumps” as any kind of fall with some contact
11/17/13 e-mail from Samson to DePolo and Amann says “Punk is the same”
11/18/13 e-mail from Samson to Amann and Amann responds saying that Punk is having some symptoms of fatigue but physically he is okay with him being physical
Amann then debates what the word “wrestle” means in the context of what “being physical” is in WWE and that it’s not always a “match”
11/19/13 e-mail from Samson to Amann says Punk is the same and that he is getting and MRI for his head and bloodwork done
Depression issues for Punk are also brought up but Amann notes they didn’t have a time or place to address them
11/21/13 e-mail from Samson to DePolo and Amann says Punk still has headaches and fatigue
11/27/13 e-mail from Samson to Amann says that Punk is suffering from lower back pain and rib contusion
12/1/13 e-mail from WWE trainer Larry Heck to Samson and Aman says Punk feels horrible and has been in bed for three days
12/2/13 text message from Punk to Amann (9:30 pm) “My head is killing me. Why do I have these headaches?”
Amann responds with lengthy text about explaining how they will reach a diagnosis
Punk requests antibiotics to which Amann says “Yes” and they go back and forth about where to meet up around Gorilla
Amann denies he was meeting Punk to give him antibiotics
12/4/13 text exchange:
Punk can’t sleep and he is coughing like a maniac and ribs are killing him
Amann asks him when his flight is and if they can talk
Punk says he can’t talk now and finds this all ridiculous before saying he wants to go to a hospital when he gets home
Amann claims he didn’t know what the problem was but wanted to help him figure it out
Then we broke for lunch


Read more at http://www.mandatory.com/wrestlezone/news/959505-cm-punk-colt-cabana-v-dr-chris-amann-trial-day-2-morning-notes#CTsxs0IP86ltqEP9.99

D2 - Tarde

I have been in the Cook County Courtroom in downtown Chicago this afternoon observing the second day of trial between Dr. Chris Amann and CM Punk/Colt Cabana on behalf of WrestleZone.

Below are my notes from this afternoon’s proceedings. WrestleZone will be back in the courtroom tomorrow with more recaps of what happens throughout the trial.

Amann concedes that he would prescribe antibiotics, including Z Paks, as part of his job with WWE
Text exchange between Amann and Punk:
Punk, “I swear to christ I’m sick again, you got a Z Pak?”
Amann, “Yes, I’ve got them on me”
Exchange also includes text of Amann telling Punk to find a pharmacy and that he’ll phone in a prescription request for Punk
Amann says Punk never showed him a skin infection but would have evaluated him if he had
Amann does not recall treating any non-WWE performers between 2013 and 2014
Punk’s WWE medical record is shown and it says that Punk was never prescribed medication
No medication history recorded
Amann says he did give Punk Z Paks without recording them
Amann says he would give wrestlers meds in an envelope with the name and the dosage on it
Amann describes the separate RAW and Smackdown brands and how they are “different teams” with different stories and wrestlers
Amann says he and Dr. Samson were not always together because of the brand split and that he did not always see the way Samson was treating talent
A slide show Amann had made and shown to talent in 2012-2014 called “What Is MRSA” was put on the screens
MRSA is a type of staph bacteria
“These infections can usually be treated with antibiotics”
If not treated MRSA can lead to loss of limbs
Amann instructed wrestlers to contact a ringside physician if they were infected
Amann says that after February 2014 he never treated Punk again
A slide show Amann had made and shown to talent about concussions was put on the screen
Some of the symptoms of concussions listed included headache, nausea, fatigue, dizziness and sadness
Also notes that concussions make you more susceptible to more concussions
Amall refers to the Royal Rumble as “a simulated match”
Amann believes fans knew it was he that Punk was referring to on the podcast because he was the doctor seen on camera talking to him
Amann did not see the clothesline that Kofi threw that concussed Punk
A long rehash of Amann’s ringside conversation with Punk was laid out
The judge and jury seemed bored by Punk’s lawyer’s line of questioning
A sidebar was taken and the lawyers left the room with the judge
At this time Punk grabbed his notebook and went to sit down directly next to Cabana to speak quietly
Punk returned to his chair and then Cabana walked over to him, leaned over and the two continued talking
Amann says Punk was upset and agitated backstage at the Rumble and that he “stormed off angrily”
Amann says that he does want compensation for emotional damage
He has not visited a doctor due to his issues and has not sought counseling
Has not taken medication to deal with emotional damage
Amann sleeps an average of 8 hours every night
No work place damages by his employer, WWE, regarding the podcast
Amann is not saying WWE wrestlers’ view of him has changed as a result of the podcast
A text exchange between Amann and former WWE security guard Murial Powell is shown where Amann says, “I promise not to give you a Z Pak lol”
A group text was shown for a group called “NXT Wannnabee Club”
The group text included Chris Jericho, Zack Ryder and Dolph Ziggler (all under their real names, not ring names)
Ryder asked when he was going to be cleared to which Amann wrote, “Sergeant Hulka, you’re our big toe. Broski is too young to get that reference. #ZPak”
Amann has no reason to believe that Punk or Cabana tweeted about Z Paks, just several fans
A variety of negative tweets from fans are shown, some referencing Z Paks and other didn’t
One of the Twitter accounts was under the name “Mike Litoris” which got a soft laugh around the room
Amann agrees that no one in his immediate life has changed their opinion of him, just strangers on social media
Cabana’s lawyer begins cross examination
Amann met Colt around 2010
Amann became aware of Colt’s podcast on Thanksgiving morning via a tweet referencing the Art of Wrestling
Amann spend most of Thanksgiving day researching tweets about the podcast in his home guest room and library
Amann was concerned and angry and couldn’t focus on his Thanksgiving with family
Amann claims to have only responded to one negative tweet from a fan by saying, “Your tweet is very offensive.”
Amann never responded to any of the tweets by saying they were wrong
Amann listened to the podcast during the late morning of Thanksgiving day while his family arrived
Cabana’s lawyer is far more forceful and direct, he seems to be waking up the jury
Amann says that WWE trainer Larry Heck has referred to other WWE physicians as “doctors” who are not really doctors
Amann is not positive that Punk’s line in the podcast, “They Z-Pak’d me to death,” was about him
Cabana’s lawyer hammers the use of the word “they” as opposed to “he” and whether or not his comments could even be about Amann
Amann was worried what the WWE office would think after hearing the podcast
Amann was under the understanding that the fans at shows were chanting “z-paks” and “CM Punk” at him in regards to the podcast
Amann admits that he does not know if Colt knew what Punk was saying was false
Amann says Colt never told him that Pink holds ill-will towards him
Amann says he didn’t contact Colt about Punk’s real health issues because he worried it would violate HIPAA law
Amann says he did feel an obligation to protect the wrestlers in the 2014 Royal Rumble match
Cabana’s lawyer ends and Amann’s lawyer resumes questioning
Amann never heard a “Z Pak” chant directed at him before the Art of Wrestling podcast with Punk
Amann never received harassing tweets about “killing Punk” before the AOW podcast
Amann was the only doctor working ringside for the 2014 Royal Rumble
Amann claims to have never prescribed a Z Pak for depression, concussion or sore ribs
On 12/2/13 Amann refers Punk to Oklahoma Diagnostic Imaging
Clinical History: 35 year old male who complains of right lower rib pain and is coughing up yellow sputum
Amann’s diagnosis was that he had symptoms of sinusitus
Prescribed Punk augmentum
Amann says he only prescribed Punk a Z Pak for sinusitus
Amann’s lawyer ends their questioning and Punk’s resumes
Amann again says HIPAA is why he couldn’t openly denounce the claims
A sidebar is taken and the judge and lawyers leave the room
Punk and Cabana again move to sit closely next to each other and discuss the trial
Punk then walks over to the candy dish in front of the jury box
Punk and Cabana both gave me peppermints, I gave one to the guy behind me
11/27/14 text exchange between Jericho and Amann is shown
In the text Amann says that Punk’s health was nothing like he described leading Punk’s lawyer to ask why he had decided to disregard HIPAA law in the texts
11/27/14 text exchange between Justin Roberts and Amann is shown
Amann says that Punk’s comments were a fabrication of the truth
Also state that there are extensive records of everything Punk has been diagnosed with and prescribed in WWE
Amann also claims that Punk tarnished his professional reputation, “whether the claims are true or false.”
A pre-recorded interview from 4/23/18 with former WWE time keeper Mark Yeaton is shown
Yeaton worked for WWE from 1984-2014 and, “wore many hats”
Yeaton says his official title was “production manager”
The video feed got dropped and Punk softly booed and then apologized
Yeaton referred to the area he sits at ringside as “Yeaton Corner”
Yeaton wears double muff headphones to block out the crowd noise and be able to hear directions from the back
Yeaton always knew that Vince and Kevin Dunne were able to hear him but others on the line would mute him
Yeaton would use hand signals to communicate cues to the refs
Yeaton admits his memory is foggy, “Because I thought I’d put the whole company out of my mind.”
Punk laughed pretty loud at that line
If a ref would give the “X” signaling a wrestler was injured his job was to make sure the camera would cut away and then communicate directly with the ref about what to do
Refs do not have mics to communicate with Gorilla
Except in the case of Falls Count Anywhere matches
Yeaton can’t recall if Amann communicated with him at the 2014 Royal Rumble
Yeaton does recall Amann communicating to him a Punk injury but doesn’t remember the specific show
Yeaton’s only recollection of Amann asking about a Punk concussion only happened once, so it had to be the 2014 Royal Rumble
Yeaton recalls Amann telling him Punk was concussed and to get him out of the match
Vince, Dunne, Triple H and Stephanie probably heard his call in the Gorilla position
Yeaton says it was probably Vince who told him to, “Get him out of there.”
Yeaton remembers telling Punk to leave the ring but Punk playfully laid on the mat in the corner and held the ropes
Punk’s lawyer takes over the questioning in the video
Yeaton says he was expected to follow Vince’s orders
Yeaton notes that there have been times Vince has had him ring the bell to end a match early
Yeaton does not recall how long it took Amann to go tell Punk to eliminate himself after the order came in
Yeaton notes that Punk loved performing in the ring
Cabana’s lawyer takes over the questioning
Yeaton doesn’t recall Amann using a flashligh to check Punk’s eyes in the corner
Punk’s lawyer takes questioning back over
Yeaton says he knows that Vince watches the matches from the back but doesn’t know if he was watching right then
The court then adjured for the day.


Read more at http://www.mandatory.com/wrestlezone/news/959537-cm-punk-colt-cabana-v-dr-chris-amann-trial-day-2-afternoon-notes#217gpArPBcd4Rp7d.99

D3

I have been at the Cook County Courthouse, covering Day 3 of the trial between CM Punk, Colt Cabana & Dr. Chris Amman for WrestleZone.

Here are all of the notes from before the trial broke for lunch.

Amman arrives just before 9:05am CDT, Cabana arrives shortly after.
Punk arrives around 9:10
Punk and Cabana are very friendly before the trial.
Video testimony of Timothy Gaeng (recorded 4/26/2018) is played.

Gaeng was the Audio Tech (A2) for the 2014 Royal Rumble
Gaeng was responsible for setting up “pertinent equipment,” which would’ve been ringside during the 2014 event
Works “televised events,” “RAW shows, SmackDown shows,” and then PPVs as well.
Gaeng says “I was responsible for setting up the announce headsets and ringside headsets” for the 2014 Royal Rumble
Gaeng establishes that Gorilla Position is approx. 30-40 yards from the ring.
“I was in the ring announcers corner.”
Gaeng says he was “20 feet at most” from the ring during 2014 Royal Rumble
Gaeng was able to hear any communications from the production truck.
“I was able to hear anyone talking on [ring channel]”
Gaeng was able to speak with any A2s or his A1 [supervisor] over his audio system.
Gaeng confirmed Punk’s participation in 2014 Rumble and was aware of an incident, though he did not see the injury occur
Gaeng heard ring channel communications ask referee if Punk was ok.
When asked, “Who was the doc?” Gaeng responded “That would be Dr. Chris Amman”
Gaeng heard, “All I heard over the headset ‘is he hurt? Get him out of there,'” and said this likely came from Gorilla Position. Gaeng recognized the voice as Paul Levesque (HHH), “that’s the voice I remember distinctly.”
Gaeng says he heard HHH say “If he’s hurt- Check on him if he’s hurt, get him out of there.”
Gaeng says he heard the above more than once, but not more than 5 times.
Gaeng can’t recall any communications about Punk after that.
Gaeng states that Audio Techs wear a different audio device than referees.
Medical Staff and Referees wear same communication device.
Gaeng saw a ref, or possibly multiple refs, checking on Punk
Gaeng says HHH or possible Vince McMahon said “If he’s hurt, check on him.”
“It kept going on for minutes,” Gaeng said. When pressed, he estimated it lasted “several minutes.”
Gaeng didn’t see Punk get treated by Amman, didn’t hear any conversations
It is possible that Amman or other medical staff checked on Punk but Gaeng says his primary concern was his audio duties.
Video testimony of Larry E. Heck (recorded 5/22/2018)

Heck is the SmackDown Athletic Trainer, and has been with WWE for 17 years.
Heck is in charge of setting up the mobile training center at all SmackDown events (Sat.-Tues.)
Heck describes the difference between RAW and SmackDown.
Heck knew Punk as a WWE Employee, “I believe he was on SmackDown.”
From 10/2013-1/2014 Heck helped Punk “as needed, per show”
“At times, I would tape his ankles, tape his knees, stretch him.”
“It would be nightly, per request.”
Always done in arena, prior to event, in training room.
From 10/2013-1/2014 Heck provided Punk with Hot Packs.
Heck kept a direct treatment log, that he’d fill out day of treatment an electronically sign. These logs would then be added to Punk’s medical report.
System gives Heck access to previous records.
Heck describes his services to punk (ankle taping, knee taping, lumbar stretching)
Heck says stretching was focused on lower back and lower extremities, hips, etc.
Heck primarily applied 12″x12″ hot packs to Punk’s bare lower back, below the beltline. Punk would go through multiple hot packs a night, often not removing them until he was “seconds” from going through the curtain.
Heck is shown CM Punk’s entrance from the 2014 Royal Rumble and points out where the hot pack would be applied.
From 10/2013-1/2014 Heck noticed no infection, lump, or irregularity on Punk’s lower back.
Heck never saw Punk bring up a lump or infection to Amman, nor did he see Punk ask any other medical staff to cut out a lump or infection.
Heck was radioed directly by Amman about Punk’s concussion during the 2014 Royal Rumble
Heck said Amman told him Punk was “concussed.”
Heck went to Gorilla Position, where he was five feet from HHH and Vince McMahon.
Heck told HHH that Amman said Punk was concussed.
Heck doesn’t remember any other conversations, other than telling Punk to “stay with the doctor.”
Billy Kidman was on the radio chatter.
Kidman was the one telling Punk to “stay down.”
Heck helped Punk backstage and witnessed him cuss people out and leave.
Heck said he and Amman tried to get punk to stay.
Punk was angered that they stopped him from what he was supposed to do in the match.
Heck confirms that anger, confusion and nausea are signs of concussion.
Heck did not hear or witness any further communication.
Cabana recognized a fan in the Royal Rumble video that is now a wrestler.

Video testimony of Referee John Cone (recorded 5/3/2018)

Cone describes himself as “Essentially, an actor in the play we put on.”
Cone was one of four referees involved in 2014 Royal Rumble
Cone can only hear Michael Hayes and Billy Kidman over his earpiece during Royal Rumble.
Cone can only communicate through hand signals, “Yes” is a closed fist, “No” is a shake of the head, “X” is an injury.
Cone describes selling, said Punk was selling to the corner.
First communication about Punk came after Amman had already talked with Punk at ringside.
Cone: “Are you ok?” Punk: “I’ve got a fucking concussion.” Cone: “Stay down.”
Cone is told “Tell Punk to stay down, we’re gonna send Kane to take him out early.”
Cone relayed the message to Punk. Punk responds “If you make me leave this fucking match, I’ll fucking quit now.”
Cone repeated the direction, but Punk pie-faced him.
Cone describes a pie-face.
Royal Rumble footage is shown and Cone identifies himself in the footage.
Cone confirms that he refereed matches for CM Punk between 10/2013-1/2014
Cone confirms that Punk wrestles shirtless.
Cone was never made aware of, and never saw, a lump, infection or anything unusual on Punk’s lower back.
Cone had no way to hear Amman talking with Punk or any communications afterwards.
Video testimony of Glenn Jacobs (recorded 5/2/2018) is played

Kane identifies himself as an in-ring performer.
Kane discusses how wrestlers will plan out a match, or in this case, a Royal Rumble elimination.
Kane says Punk never made him aware of any lump or infection
Kane says he cannot recall wrestling Punk between 10/2013-1/2014.
Kane confirms he eliminated Punk “illegally” from the Royal Rumble, eliciting a chuckle from Punk in the courtroom.
Kane says the elimination occurred as planned, though possibly earlier.
Kane was not privy to Amman and Punk’s conversations.
Break For Lunch

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Re: CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por Ribeiro em Sex Jun 01 2018, 01:42

D3 - Tarde

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 Amman and Punk talk on camera. “He [Punk] seemed displeased.”
Counsel: “Did Mr. Brooks continue to wrestle after [Dr. Amman’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. Amman.
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 Amman.”
[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 Amman. 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.
Amman’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 Amman, WWE, et al.
Colt confirms he didn’t know Amman’s name until the Cease & Desist.
Colt confirms that Punk called Amman “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 Amman’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 Amman 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.
Court wraps. Still left to testify are CM Punk, Colt Cabana (again), and AJ Mendez-Brooks.

As all parties were leaving, a bald juror in a black shirt entered the elevator with Amman’s lawyers, Colt, and Colt’s lawyers.

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Ribeiro
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Re: CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por Chó em Sex Jun 01 2018, 12:43

tl;dr
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Re: CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por Ribeiro em Sex Jun 01 2018, 21:31

http://www.mandatory.com/wrestlezone/news/960325-960325#/slide/1
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Re: CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por Killer em Seg Jun 04 2018, 18:58

tl;dc.
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Re: CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por Renato em Ter Jun 05 2018, 21:41

Não tenho seguido nada do que se tem passado neste julgamento, mas o veredicto irá sairá ainda esta noite.
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Re: CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por Renato em Ter Jun 05 2018, 21:54


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Re: CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por Ribeiro em Ter Jun 05 2018, 22:54



Money in the Bank é em Chicago, vai esperando pelos chants Vince
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Re: CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por PoD em Dom Jun 24 2018, 15:49

resume aí sff
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Re: CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por Ribeiro em Sex Ago 10 2018, 01:14

– Colt Cabana has filed a lawsuit against CM Punk over the legal fees from the defamation lawsuit that they won earlier this year. The Chicago Sun-Times reports that Cabana filed the suit on Tuesday in Cook County, Illinois circuit court alleging breach of contract and fraud.

According to Cabana’s lawsuit, the text of which you can see below, Punk agreed to help Cabana out with the legal fees in fighting the defamation suit filed by WWE doctor Chris Amann over claims made by Punk on Cabana’s Art of Wrestling podcast. Cabana says that Punk told him that he would be “100% covered” in a text message. Based on that, the two of them retained legal representation for which Punk would be responsible. However, Punk suddenly demanded in April of 2016 that Cabana pay for half of the costs, emailing Cabana and saying:

“To date I have $513,376 in legal bills. My outstanding current bill is at least 300k. Half of all this is yours. Divide the $513,376 by 2 and that is what you owe me and what I expect you to pay me. Starting now I will no longer be paying your bills. You are on your own. Whatever my bill is currently, will be cut in half, and half will be yours. If you choose to make this all ugly, that’s fine too. I hope you won’t, but I gave up on you doing what is right a long time ago.”

Cabana then notified their joint representation that he would be retaining his own counsel as a result of the demand. The firm initially agreed, then a month later said that “despite your unwillingness to contribute to your legal fees, I am still prepared to represent you, and [Punk] is prepared to have me represent you and cover your legal fees going forward…” This lasted until the firm withdrew as Cabana’s counsel on March 10th, 2017 which Cabana says he has reason to believe Punk instigated. Cabana then retained his own counsel.

After the lawsuit came out in their favor, Cabana’s counsel notified Punk’s counsel that Cabana wanted reimbursement for the cost of about $200,000 in legal fees incurred by needing to get counsel on his own. Punk refuses to pay it. He is suing for $200,000 in general damages and $1 million in punitive and exemplary damages, arguing that Punk “acted with fraud, malice and oppression toward [Cabana], with the deliberate intention of causing Colton harm.”

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Re: CM Punk & Colt Cabana v Dr Chris Amma

Mensagem por Conteúdo patrocinado


Conteúdo patrocinado


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