CM Punk-Colt Cabana-Chris Amann defamation case kicks off

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CM Punk-Colt Cabana-Chris Amann defamation case kicks off

Post by cero2k » May 30th, '18, 09:10

Source: f4wonline.com

Even though one of the legal combatants is set to compete in the UFC in less than two weeks, the trial of Phil Brooks (CM Punk) and Scott Colton (Colt Cabana) vs. WWE doctor Chris Amann began Tuesday in the Cook County courthouse in Chicago, IL.

Amann filed a defamation suit against Brooks and Colton in February 2015 following comments the two made on Cabana's podcast in November 2014. Brooks claimed, among other things, that Amann dismissed a growth on his back that eventually turned into a staph infection.

While there were no cameras, Chicago Tribune City Hall reporter Gregory Pratt dropped by to check out some of the proceedings. Below are some notes from his Twitter feed:

- There wasn't a crowd in the gallery. In fact, Pratt said he was the only one in attendance while he was there.

- The jury heard the entire episode of the podcast in question Tuesday including all of the plugs, etc.

- Pratt said that he was unsure how long the trial was going to last, but that both sides were very thorough.

- From what he heard, Pratt said he expected Amann to return to the stand Wednesday.

- Pratt said Brooks was serious and attentive for most of the day, but did appear "visibly amused" and laughed a bit at some parts of the podcast.

- Pratt thought Brooks appeared to be in shape and was wearing a nice suit.

Brooks is set to open up the PPV portion of UFC 225 against Mike Jackson on Saturday, June 9th.
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Re: CM Punk-Colt Cabana-Chris Amann defamation case kicks off

Post by cero2k » May 30th, '18, 20:45

SOURCE: https://411mania.com/wrestling/notes-da ... ann-trial/

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Here are some notes from day two of the trial between Dr. Chris Amann and CM Punk/Colt Cabana, which come from WrestleZone…

* 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

* Amann’s lawyer begins to question him about how Punk’s podcast appearance with Cabana affected him

* Amann says that he has been “harassed” 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 interpreted 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
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Re: CM Punk-Colt Cabana-Chris Amann defamation case kicks off

Post by cero2k » May 30th, '18, 20:49

If both Amann and Gorilla knew that Punk was concussed, why send Kane to chokeslam him into the announcers table, doesn't seem safe.

Also, Amann claiming that his status was not hurt in WWE, then this is all about twitter people hurt my feelings. Dude has zero case as of now, WWE is just throwing their weight around and trying to piss off Punk for a year long grudge
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Re: CM Punk-Colt Cabana-Chris Amann defamation case kicks off

Post by Big Red Machine » May 30th, '18, 21:20

cero2k wrote: May 30th, '18, 20:49 If both Amann and Gorilla knew that Punk was concussed, why send Kane to chokeslam him into the announcers table, doesn't seem safe.

Also, Amann claiming that his status was not hurt in WWE, then this is all about twitter people hurt my feelings. Dude has zero case as of now, WWE is just throwing their weight around and trying to piss off Punk for a year long grudge
It doesn't but he had to be eliminated somehow, and, if I remember correctly, Punk used the idea of him getting bumped as such as him essentially putting Kane over on the way out so that he wasn't going walking out in the middle of a program or without putting anyone over. Either way, 1) I don't think Kane could have done it without Punk's cooperation and 2) I don't think Kane would have done it without Punk's cooperation. Also 3) if there was no cooperation, we'd probably have heard about that, right? Wouldn't it have been pretty obvious to people in the building?
Basically, I assume Punk would have okayed it. This doesn't make it safe and doesn't make it a responsible decision for WWE to have made, but you could argue that it absolves them of some responsibility for implementing the bad decision if Punk went along with it.
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Re: CM Punk-Colt Cabana-Chris Amann defamation case kicks off

Post by cero2k » May 30th, '18, 21:30

Big Red Machine wrote: May 30th, '18, 21:20

It doesn't but he had to be eliminated somehow, and, if I remember correctly, Punk used the idea of him getting bumped as such as him essentially putting Kane over on the way out so that he wasn't going walking out in the middle of a program or without putting anyone over. Either way, 1) I don't think Kane could have done it without Punk's cooperation and 2) I don't think Kane would have done it without Punk's cooperation. Also 3) if there was no cooperation, we'd probably have heard about that, right? Wouldn't it have been pretty obvious to people in the building?
Basically, I assume Punk would have okayed it. This doesn't make it safe and doesn't make it a responsible decision for WWE to have made, but you could argue that it absolves them of some responsibility for implementing the bad decision if Punk went along with it.
There's a lot that can be built over this tho. Punk was concussed, he wasn't thinking straight yet WWE and Amann were in perfect condition to come up with eliminations. Lawyers could say this is unsafe working environments and that at that point Punk wasn't thinking of leaving and only followed orders as would anyone in their job. I think if they present this to non-wrestling connoisseurs, this doesn't look so good for Amann.
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Re: CM Punk-Colt Cabana-Chris Amann defamation case kicks off

Post by Bob-O » May 31st, '18, 11:35

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Re: CM Punk-Colt Cabana-Chris Amann defamation case kicks off

Post by cero2k » May 31st, '18, 12:16

Day 3

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-Chris Amann defamation case kicks off

Post by cero2k » May 31st, '18, 12:50

Bob-O wrote: May 31st, '18, 11:35
1. So Illegal distribution of medication without prescription or records? that can open a can of worms for the doctor, god knows what else he distrubutes

2. HIPPA violation, that could also lead to license suspension down the line.

4. if nothing comes out of this whole deal, at least Punk and Cabana seem to be on friendly terms again

Amann is shotting himself on the foot with a machine gun. Are these really WWE's lawyers?
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Re: CM Punk-Colt Cabana-Chris Amann defamation case kicks off

Post by cero2k » Jun 1st, '18, 13:27

Day 4, seems bad for Punk

I was down at the Cook County Courthouse for day 4 of the Dr. Chris Amman vs. CM Punk & Colt Cabana trial.

Here all the full notes from the morning session

After pre-trial discussion between counsel about suits, “Do you remember when suspenders were in?” “No,” the plaintiff’s side rested. This led to defense motioning for a Direct To Verdict, on the grounds that the Plaintiff has yet to prove any defaming statements. Judge denies the motion. The trial resumed at 9:45am.

Testimony of Scott Colton (Colt Cabana)

Defense tries to get Cabana to talk about his childhood and early days of wrestling but a series of objections derails this line of questioning.
Colt talks about wrestling being a “different, niche world.”
Colt says he wrestles, “[does] YouTube,” produce podcasts, sew costumes, “comedian, kind of.”
Colt says he met Punk at Steel City Domain Wrestling School in 1999 and they became fast friends.
“Two of the ones who really loved wrestling the most.”
Colt confirms that their friendship continued after wrestling school.
Punk gives a history of the ways he and Punk have stayed in contact, (text, email, applications, etc.)
“How often did you see each other?” “All the time.”
Colt describes Punk as “passionate,” before counsel objects to the line of questioning.
Colt confirmed that he was introduced to WWE through Dr. Tom Pritchard, and would try and get booked as an extra any time they were within 8-10 hours driving.
Colt signed his contract in 2007, while plaintiff’s lawyers start to object to the relevance of the statements.
SIDEBAR, Colt is left on the stand, Punk goes into a side room. Leading to a tense moment as Amman and Colt tried not to make eye-contact.

Colt confirms employment with WWE from Apr. 2007-Feb. 2009.
Colt confirms that Art of Wrestling started in 2010.
Colt describes Art of Wrestling as having an intro, a middle, and a conclusion.
Colt says he “gives [his] friends an outlet in the world of wrestling that fans don’t hear.”
Colt describes learning to podcast as a “trial and error” process.
When asked how he books his podcast he says, “I ask them if they’d like to be on my podcast.”
“I bring my recorder, plug it in, give my friend a microphone, hit record…hit stop when it’s done.”
Colt confirms that Punk was the one to bring up the idea of Punk being on AoW.
Cabana says he was “well aware” of Punk’s situation.
“The wrestling community wanted to hear what he had to say.”
“At the time we were living 4 blocks from each other.”
Colt describes riding his bike to Punk’s, entering through the back entrance, and recording the podcast on Punk’s couch.
AJ Mendez-Brooks might’ve been present but Colt cannot confirm.
“Phil and I talked everyday.”
“I was living the situation as he was living it.”
Colt believes he met Dr. Amman prior to podcast.
Colt doesn’t remember Dr. Amman’s name coming up during recording, and didn’t call Dr. Amman afterwards.
Colt says Punk showed him the lump, “Hey wanna see this thing?” This is met with an objection.
Colt confirms he heard about the lump, and saw it before the 2014 Royal Rumble.
At this point, an entire class of 8th graders enter the courtroom.

Colt says he saw Punk shirtless in his house in 2013. Punk was shirtless and “wearing the camo shorts he always wears.”
Defense produces Punk’s camo shorts from seemingly under the desk, as Exhibit 117.
Colt identifies the shorts as Punk’s.
Colt, on the lump: “It was disgusting.”
Colt says the lump was on the left side of Punk’s waistline, and that it was raised, discolored, gross.
Colt talked to Punk “every day that I was home.”
Colt saw the lump “at least more than once.”
“It was my understanding that he was constantly asking WWE-” [cut off by an objection]
Colt confirms he didn’t see the Royal Rumble until after the podcast, had no way of knowing Amman was ringside.
Colt does not believe Punk brought up Amman.
The only part where Colt thinks Punk brought up Amman had to do with an unrelated story about Punk’s elbow.
Colt believes that the “they” in “They Z-Packed me to death” was general WWE Medical Staff.
Colt says the same for every comment in podcast.
Counsel is stopped from asking about getting emails from listeners.
“I knew it was gonna be a big episode.”
Colt confirms he never received an email from Amman.
SIDEBAR

Colt recalls receiving the Cease & Desist but objections aplenty derails the line of questioning.
Colt restates that his pre-podcast knowledge of Amman was limited, if at all.
Plaintiff’s counsel takes over.
Colt was aware that Amman “had beefs” (plaintiff’s counsel’s words) regardless of not getting email.
Colt did not know that the “doc” from the podcast quotes were Amman, or even if they were talking about an actual doctor.
Colt confirms seeing lump because Punk had his shirt off.
Colt recalls seeing the lump a second time, but couldn’t recall in original deposition.”
Cabana: “I think there’s a long answer.” Counsel: “You answered in about six words.”
Colt can’t recall how many times he saw the lump.
Colt can’t recall seeing the lump change size.
Colt confirms being in Japan in fall of 2013, but gets confused on dates.
Colt confirms Punk in Europe until 11/17/2013
Colt can’t confirm if Punk told him he was on anti-biotics.
“I don’t want to say anything wrong.”
When pressed, Colt can’t remember any of Punk’s comments about anti-biotics.
Colt confirms he has never been treated by Amman.
Counsel plays podcast clip, in which Cabana says he wants the story to be heard by “as many ears as possible.”
“I thought it was a wild story.”
Counsel tries to get Cabana to define what he meant by as many ears as possible, but Cabana keeps the definition at “whoever was listening.”
Colt expected people to talk about the story. “I just wanted people to listen.”
Colt’s lawyer takes over.
Colt confirms that he saw the lump a “variety” of times.
Colt confirms he didn’t believe Amman was the doctor.
BREAK

Before court resumes, the attorneys get in a fight over how much footage from the 2014 Royal Rumble can be shown. Amman is on screen, but his lawyers do not want footage of Kane chokeslamming Punk through the announce table shown to the jury.

Judge: “I don’t know who Kane is.” Counsel: “The big man without a shirt.”

Judge calls counsel into the hallway, where indistinct shouting is heard.

Court resumes.

Testimony of Phil Brooks (CM Punk)

Punk identifies himself as a UFC Fighter and freelance comic writer for Marvel Comics.
Punk says he didn’t listen to the podcast until just before the trial.
“I sure do swear a lot.”
Punk says he’s a different person.
“I sure was bitter.”
Punk almost starts crying, saying hearing who he was back then “brings up memories” of things he doesn’t care about anymore.
Punk confirms that he started wrestling at age 15, as The Punk.
Punk talks about hitting a wrestling with a roll of quarters and says, “Alls I’m saying is I’ve got a lot cents.” [possibly stating this is his first promo]
Punk confirms that being a member of a tag team The Chick Magnets is where his CM comes from, thus entering into public record that CM stands for “Chick Magnet”
Punk discusses growing up in Lockport, IL and his early friendship with Cabana.
Punk confirms signing with WWE in 2005.
He describes his character as “punk rock kid, what you see is what you get, straight edge.”
Punk describes the straight edge lifestyle.
Punk confirms he is still straight edge.
Punk describes tactics in playing a straight edge face vs. playing a straight edge heel.
“I like punk rock.”
Punk describes DIY [the movement, not the tag team]
“Everyone has guilty songs on their iPod, enjoy it.”
“Genesis of podcast was I’d left WWE. Up until that point I’d been silent, the other side…not so much.”
“I just wanted to set the record straight for my fans.”
Punk explains what a Shoot Interview, as well as the overall concept of “shooting” in pro-wrestling.
Punk says goal of podcast was to “paint a picture.”
“It’s my story. I’m just telling my story.”
Punk confirms Cabana’s testimony.
Punk cannot confirm AJ’s presence during podcast recording.
Punk says there was no formality, no difference between normal conversation.
Punk hated holding the microphone.
Punk had not seen his WWE Medical Report, was not copied on it.
Punk confirms feeling symptoms listed in Medical Report.
“I felt sick overall.” Headaches, lack of sleep, no appetite, vomiting after exaggeration. Narrowed vision, dizziness, neck couldn’t support head.
Punk defines taking bumps and running the ropes.
Punk confirms vomiting after every match.
“My head was a fishbowl.”
Punk discusses having crying spells.
“I’d be in catering, one sec fine, next welling up.”
I’m sure I wasn’t fun to be around.
Coughing started in September of 2014, subsided, and then came back in November.
Punk describes rib pain but can’t describe the initial injury.
Defense reads podcasts statements about concussion before Europe 2013.
Punk talks about “getting [his] bell rung” by Luke Harper.
Punk confirms no one but Dr. Samson treated him on European tour.
Punk confirms no one but Dr. Samson talked to Punk about concussion.
Punk confirms symptoms worsening in Europe.
Punk confirms Dr. Samson gave him a Z-Pack.
Break For Lunch


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Re: CM Punk-Colt Cabana-Chris Amann defamation case kicks off

Post by cero2k » Jun 5th, '18, 10:26

Day 5

I was down at the Cook County Courthouse for day 5 of the CM Punk/Colt Cabana/ Dr. Chris Amman trial. here are all of the notes from the afternoon session.

Continued Testimony of April Mendez Brooks (AJ Lee)

Defense turns over witness to the plaintiff.

AJ says trainer’s room meeting at 2014 Royal Rumble too place in early afternoon.
AJ can’t recall if Punk had received his heat pack treatment yet.
AJ confirms that, in August of 2013, The Lump looked like a pimple, “knuckle-sized.” Amman’s lawyer tries to get her to specify who’s knuckle, but is unsuccessful.
AJ confirms that Punk said The Lump was painless in August of 2018.
AJ originally felt The Lump, before seeing it.
AJ cannot recall some of her testimony, when pressed she responds “If it’s in there, I believe you.”
AJ describes The Lump at Royal Rumble as being like a “small fruit.”
Amman’s lawyer seem to be cherry picking their deposition quotes, leading to Punk’s team to call for the complete statements to be presented. AJ confirms that she didn’t know the size of The Lump.
AJ cannot specify when The Lump started to change colors. It occurred gradually.
AJ is presented with a text exchange that neither her, nor the defense recognizes as introduced. Counsel asked AJ if she recognized the exchange, to which she replied “This says Zack Ryder.” It is quickly understood that the wrong text messages have been presented. Amman’s lawyer corrects the error and presents the correct text exchange.

AJ, on saying Punk could give himself staph by poking The Lump, “I’m not a doctor. I don’t know what staph looks like. I was worried.”
Amman’s attorney again presents AJ with the wrong text exchanges.

AJ confirms the “don’t poke The Lump” texts.
Amman’s attorney yet again presents AJ with the wrong text exchanges.

AJ confirms the “I have a growth on my butt” text.
AJ confirms the “I’m gonna stab The Lump” texts, and refuses to say she thought The Lump was infected.
Amman’s attorney presents the wrong evidence again, and after correcting, AJ confirms the texts about Patrick Duffy.

AJ confirms the “doc” in texts is Amman.
AJ confirms texts about The Lump being a cyst or a lipoma.
AJ recalls the word “staph” being used, but can’t confirm the context.
AJ cannot recall conversations after the Duffy appt.
AJ cannot confirm the exact size of The Lump, and cannot give an exact measurement.
Plaintiff has no more questions

AJ confirms she doesn’t know the difference between Staph & MRSA.
AJ never measured The Lump with a ruler, fruit or sporting goods.
AJ confirms that her “small fruit” comparison was a “guesstimate”
Testimony of SpaSoak Massage Therapist (Corrine)

Corrine knows Punk as a client, has serviced him around 20 times.
Corrine learned about Punk’s profession through the receptionist before their first appointment.
Corrine defines Massage Therapy.
Corrine confirms Punk would be tastefully nude during massage (a towel is provided)
Corrine confirms being informed of a “suspicious spot” on buttock. She describes it as a “large, round lump,” “3” in diameter, 1″ raised,” and indicates it would’ve been on the left buttock.
Corrine confirms working on Punk in 2014. Confirmed by records that it was 1/30/2014.
“Still didn’t know what it was,” in regards to The Lump.
Corrine confirms discoloration of The Lump during 1/30/2014 visit.
Corrine indicates with her hands how big The Lump was, [roughly golfball or tennis ball sized]
Corrine confirms that at 4/24/2014 appointment The Lump was gone. Punk supposedly said it “turned out to be staph infection…lucky to be alive.” Corrine said he sounded relieved.
Defense ends questioning.
Corrine confirms there was initially no Lump when she started treating Punk, and that Punk was the one to bring The Lump to her.
Corrine confirms The Lump was sensitive.
Corrine can’t recall if she saw Punk in the “colder months.” Plaintiff tries to submit temperatures from the airport, but SpaSoak isn’t close enough to the airport for it to be relevant and a Sidebar is called.
SIDEBAR

Corrine doesn’t recall the weather in 2013.
Corrine is handed airport weather reports but it doesn’t refresh her memory.
No further questions from plaintiff.
No further questions from defense.
Judge briefly forgets about the other defense, but they also have no questions.
End of evidence.

The judge was in high spirits as she explained to the jury that they will hear closing arguments tomorrow and begin deliberation.


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I swear Amann's lawyer is Lionel Hutz
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