Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 1 of 19

D.C. Atlanta
THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OE GEORGIA
ATLANTA DIVISION

~/JAN I6 1001

Davis v . World Championship Wrestling, Inc . and Turner

DCpUtyCICfk
Sports, Inc . , Civ . File No . 1-00-CV-1716-CC ;
Saengsiphan v . World Championship Wrestling, Inc . and
Turner Sports, Inc . , Civ . File No . 1-00-CV-1719-CC ;
Speight v . World Championship Wrestling, Inc . and Turner
Sports, Inc . , Civ . File No . 1-00-CV-1718-CC ;
Worthen v . World Championship Wrestling, Inc . and Turner
Sports, Inc . , Civ . File No . 1-00-CV-1717-CC ;
Reeves v . World Championship Wrestling, Inc . and Turner
Sports, Inc . , Civ . File No . 1-00-CV-1720-CC ;
Easterling v . World Championship Wrestling, Inc . and Turner
Sports, Inc . , Civ . Pile No . 1-00-CV-1715-CC
Onoo v . World Championshi
Wrestlin g , Inc ., Turner Sports,
Inc ., Civ . File No :"1`:`0-CV-0368-CC
Norris v . World Championship Wrestling, Inc ., Turner
Sports, Inc . , Civ . File No . 1 :00-CV-0369-CC
Walker v . World Championship Wrestling, Inc ., Turner
Sports, Inc . , Civ . File No . 1 :00-CV-0367-CC ;
Patterson v . World Championship Wrestling, Inc ., Turner
Sports, Inc ., Turner Entertainment Group, Inc . Civ . File
No . Civ . File No . 1 :01-CV-1152-CC
PLAINTIFF SONNY ONOO'S STATEMENT OF MATERIAL FACTS TO WHICH
THERE EXIST GENUINE ISSUES TO BE TRIED
Pursuant
Defendants'

to Local Rule

Motion

56 .1(b)(2),

for Summary Judgment,

in response to
Plaintiff Sonny Onoo

hereby files this his Statement of Material

Exist Genuine

Issues to be Tried,

Facts to Which There

showing the Court the

following :

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 2 of 19

I .

WCW'S EXECUTIVES WERE EXCLUSIVELY CAUCASIAN

1 .
Throughout

its history,

WCW did not have any non-Caucasians

work in any of the executive positions .

("Goodly Dep ." at 32-

33) .
2 .
No Asian-American ever held an executive position,
WCW department head was Asian
I2 .

(Myers

Dep .

and no

at 79) .

WCW'S MANAGERS WERE VIRTUALLY ALL CAUCASIAN

3 .
With the exception of Valerie Ragsdale,

Webmaster from 1997

to 1999,

and Pie Smith,

at WCW's merchandising warehouse,

American managers .

WCW's Senior
a mid-level manager

WCW did not

(Goodly Dep . at 34,

have any African-

37-39 ; Loretta Walker

Dep . at 18, 49-50) .

4 .
WCW's

Human Resource Manager,

Timothy Goodly,

that there were few minorities at WCW,

diverse working environment .

and that WCW was

(Goodly at

-2-

acknowledges

40-45) .

not a

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 3 of 19

5 .
When testifying about the issue of minority representation
at WCW,

stated,

"That was not acceptable to me .

to bring in people ."

(Goodly Dep .

I wanted to try

at 48-49) .

6.
Mr .

Goodly further testified that minority representation

at WCW "was not,

HR practice ."

guess,

consistent with what

(Goodly Dep .

knew to be good

at 49) .
7.

WCW never had an Asian person work as the WCW creative

director or as a member of the Booking Committee .

(Myers Dep .

at 80) .
III . WCW DID NOT MAINTAIN ANY HUNAN RESOURCE PROFESSIONAL (OR
ANYONE TRAINED IN HUMAN RESOURCE MANAGEMENT OR EMPLOYEE
RELATIONS) TO ENSURE THAT WCW WAS NOT DISCRIMINATING
AGAINST WCW TALENT

8.
Human Resource Manager Timothy Goodly was only concerned with
WCW

"employees"

Human

Resources

in fulfilling his
for WCW ;

as related to talent ."

job duties as

Goodly didn't have

(Goodly Dep .

at

Director of

"any official duties

63) .

9.
As to the persons who were supposedly ensuring that WCW did
not discriminate against the wrestling performers,

-3-

Goodly

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 4 of 19

testified that Bischoff was primarily responsible,

and "possibly

Diana Myers and Bill Busch as well ."

at

(Goodly Dep .

65-67) .

10 .
When asked why WCW did not have a lot of diversity with
respect to its talent,

Goodly testified that

"I just didn't

think we had strategies in place to market diverse talent,

market all talent

as well as

the competition ."

to

(Goodly Dep .

at

176) .
11 .

WCW did not have any policies or procedures to ensure that

wrestlers were not discriminated against .
Smith Dep .

at

95 ;

Loretta Walker

Dep .

(Ferrara

Dep .

at 52 ;

at 21) .

12 .
Ed
that

Ferrara,

a Booker,

was not aware of any WCW official

had communicated that WCW needed not

against wrestlers .

(Ferrara Dep .

at

to discriminate

52-53) .

13 .
Loretta Walker,

who replaced Timothy Goodly as the person

responsible for providing human resource

testified that she did not know who,

support to WCW,

if anybody,

was

responsible

for ensuring that the wrestlers did not suffer discrimination .

(Loretta Walker Dep .

at 6-13) .

-9-

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 5 of 19

19 .
Loretta Walker agreed that she did not have any duties with
respect to the wrestlers because

it was Turner's practice

not

to

provide assurance that persons who were classified as

independent contractors would be treated
discriminatory manner .

in a fair and non-

(Loretta Walker Dep .

at

12-13) .

15 .
Although Loretta Walker testified that an

"independent

contractor" who had an issue regarding discrimination could have

reported it to WCW's attorney,
aware of any actions

Diana Myers,

Ms .

Walker was

taken by Diana Myers to ensure that

not

the

persons performing on a contract basis at WCW were not

discriminated against based on their race .
at 74-75,

(Loretta Walker

Dep .

79) .
16 .

Diana Myers stated that if an "independent

WCW
J .J .

felt he was discriminated against,

Dillon ."

(Myers Dep .

at 175) .

-5-

contractor at

he should complain to

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 6 of 19

IV .

EVIDENCE THAT WCW OFFICIALS AND PERSONS RESPONSIBLE FOR

SELECTING AND PROMOTING WRESTLING TALENT USED RACIAL SLURS,
INCLUDING SLURS AGAINST ASIAN-AMERICANS
17 .
Ric

Flair used racial slurs,

(Sullivan Dep .

including "nigger" and "jap ."

at 50) .

18 .
Terry Taylor used racial slurs including "nigger ."
used the

term "nigger" to refer to wrestlers .

Taylor

(Sullivan Dep .

at

51) .
19 .
Vince Russo frequently used the word "jap" and the word
"spic ."

(Kearce Dep .

at

35) .

20 .
Vince Russo used other racial slurs,
(Sullivan Dep .

at 55-56) .

called African-Americans
Sullivan)
Sicilians .

including "nigger ."

According to Sullivan,
"Moolions," which

Russo also

(according

to

refers to a tribe from Africa that battled with

(Sullivan Dep .

at

56) .
21 .

Ed

Ferrara also used racial

slurs

-6-

(Sullivan Dep .

at

58) .

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 7 of 19

zz .
Ric
Slap ."
V.

MR .

Flair referred to a particular maneuver as a

(Sullivan Dep .

at

73 ;

Myers Dep .

at

"Jap

163) .

ONOO AND/OR JAPANESE-AMERICANS

23 .
Bill Busch stated that he "didn't give a shit about
Japanese business or new Japan ."

(Onoo Cep .

at

186) .

29 .
WCW attorney Myers,

in October,

informed wrestler Perry Satullo that

gook," referring to Sonny Onoo .

1999,

acted peculiar and

she was "hiding from the

(Satullo Aff .

9[3,

Tab 0) .

25 .
Terry Taylor often referred to Sonny Onoo as a "Jap" and
also as

a "gook ."

(Snakovsky Aff .

91 B,

Tab T) .

26 .
Terry Taylor often made comments such as "Jap" or "gook"
when he was
such

as

referring to Sonny Onoo .

He would make statements

"you f'ing Jap or something like that ."

(Bayens

Dep .

at

69) .

27 .
On one occasion,

when Sonny Onoo was

scheduled to appear as

the manager for African-American wrestler Ernest Miller,

-7-

Terry

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 8 of 19

Taylor asked,

"how could this be a good draw?

and there is a Jap .

(Bayens
VI .

Dep .

at

There is a nigger

Who is going to want to watch that?"

67) .

WCW TREATS ASIAN AND HISPANIC WRESTLING TALENT LESS

FAVORABLY THAN CAUCASIANS

28 .
A Hispanic wrestler observed that non-Caucasian wrestlers
were treated differently than Caucasian wrestlers at WCW .
(Ashenoff Aff .

4L 2,

Tab W) .

29 .
On occasion,
wrestlers,

WCW provided transportation to the Caucasian

but denied the same benefit to Hispanic wrestlers .

(Ashenoff Aff .

9[ 6,

Tab W) .

30 .
When Hispanic wrestler Konnan was trying to leave WCW and
wrestle for a competitor he was
WCW ;

meanwhile,

suspended for trying to

a Caucasian wrestler,

Peter Gruner also

threatened to leave but was not similarly suspended .

Aff .

7,

leave

(Ashenoff

Tab W) .

31 .
When Hispanic wrestlers
Caucasians and were not

were injured,

kept by WCW ;

-8-

they were replaced by

in contrast,

WCW maintained

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 9 of 19

Caucasian wrestlers
(Ashenoff Aff .

on payroll even when they were injured .

9f4 8,9,

Tab W) .

32 .
When Hispanic wrestler Konnan complained to
that WCW was

Diana Myers

treating Hispanic wrestlers differently than

Caucasian wrestlers, Ms .

Myers stated,

"do what you have to do,

but it will take you more money to get it from us,"

Aff . 1 5,

(Ashenoff

Tab W) .
33 .

On occasions, WCW had Hispanic wrestlers

snare a

room,

oftentimes having two or three persons sleep in the same room

in contrast,

Caucasian wrestlers each had their own room and

J . J.

Dillon stated "they were lucky to get that ."

Aff .

of

11,

(Ashenoff

Tab W) .

34 .
On one occasion,

when Mr .

Onoo protested to Myers for

unfairly firing a Japanese wrestler who happened to be

at the time,
Mexico ;

Myers stated,

"here is a Japanese guy who

how in the hell is he going to sue us?

full of attorneys ."

(Onoo Dep .

at

-9-

75-77) .

injured
lives

We have a

in

room

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 10 of 19

VII . VINCE RUSSO BECOMES THE CREATIVE TALENT FOR WCW AND
EXPRESSLY STATES HIS RACIAL BIAS AGAINST JAPANESE TALENT

35 .
On or about September 30,
an

1999,

Vince Russo participated

in

Internet discussion with a wrestling professional analyst,

Ben Miller who maintained a website devoted to discussions and

communications

regarding the wrestling industry .

interview,

which was published over the

Interview,

Tab B),

Internet

In the
,(Russo

Russo stated :

"2'm going to tell you something right nor that you will
absolutely not agree with, but I've been a wrestling fan my
whole life and I will live and die by this-it is hard
enough, believe me I write this shit, it is hard enough to
You will never ever, ever, ever see the
get somebody over .
wrestler
or
the Mexican wrestler over in American
Japanese
And the simple reason for that is,
mainstream wrestling .
even myself, I'm an American . . .if I'm watching wrestling
here in America, I don't give a shit about a Japanese guy .
I'm from America,
I don't give a shit about a Mexican guy .
I
want
to
see
.
Now
there
are
the smart
and that's what
fans that love that type of shit, like you ."

36 .
Despite Russo's racist comments,
its

creative director on October

10,

WCW hired Russo to work as

1999 .

(Russo at

15) .

37 .
In his capacity as
the booking committee,

creative director,

and as

the head of

Russo decided which wrestlers would

receive television exposure and which ones would not .

at 14-18) .
-10-

(Ferrara

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 11 of 19

38 .
At or about the time that Russo became

the creative

director,

he once again expressed his belief that Asians and

Hispanics

should not

succeed at WCW .

(Sullivan Dep .

57) .

at

39 .
Vince Russo also made various
Caucasians

controlled WCW ;

Russo stated that wrestling was a

"white man's sport" and "whites

9[ 12,

statements suggesting that

rule wrestling ."

(Williams Aff .

Tab D) .

40 .
Russo further stated that he was going to run things the
way that he wanted and he was going to have a "white champion
because that's the way he wanted it ."

(Williams Aff .

9[

12,

Tab

VIII . AFTER VINCE RUSSO BECAME THE CREATIVE DIRECTOR AT WCW,

STOPPED PROMOTING ASIAN WRESTLERS

WCW

D) .

91 .
Kevin

Sullivan testified that he brought in Asian wrestlers

and he was using their talent at WCW .

(Sullivan Dep .

at

70) .

92 .
When Russo became the Creative Director,
anything with them

[Asian wrestlers] ."

-11-

"he didn't do

(Sullivan Dep .

at

70) .

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 12 of 19

93 .
According to Sullivan,

the Asian wrestlers

sidelines and they weren't used ."

"sat or the

(Sullivan Dep .

at 7U) .

49 .
Soon after Vince Russo became Creative
stopped using its cruiser weight wrestlers,
Asian and Mexican .

(Kearce Dep .

at

191-142,

Director,

WCW

who were primarily

162) .

95 .
According to Assistant

Producer Kearce,

the Asian wrestlers "back ."

(Kearce Dep .

at

Russo sent most

of

162) .

96 .
Some time after Vince Russo became Creative Director,
stopped using wrestlers

such as Mr .

Asai,

WCW

Kaz Hayashi .

(Williams at 259-256) .
IX .

IMMEDIATELY AFTER AUSSO BECAME CREATIVE DIRECTOR,

SONNY ONOO

WCW FIRED

47 .
In its response to
Interrogatories,

Plaintiffs'

Consolidated Third

Defendant WCW/UWC stated that

made the decision to terminate Sonny Onoo's

"Eric Bischoff

contract with WCW

and that decision was affirmed by Bill Busch and Vince Russo
(See WCW/UWC Response to
Interrogatories

(#8),

Plaintiff's Consolidated Third

Tab I) .

-12-

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 13 of 19

as .
WCW's counsel,
recommended Onoo's

Diana Myers,
termination .

testified that Eric Bischoff

(Myers Dep,

at

132) .

49 .
Eric Bischoff,

testified that he had nothing to do with Mr .

Onoo's termination and that

roster listing Mr .

Onoo as a talent

WCW event at or about

termination .

in fact he had approved of a talent

to be used in an upcoming

the time immediately prior to Mr .

(Bischoff

Dep .

at 218,

Onoo's

290-243) .

50 .
Kevin Sullivan informed Mr .
Russo

Onoo that Diana Myers,

and Bill Busch had terminated Mr .

Onoo .

Vince

(Onoo Dep .

at

141-192) .

51 .
Eric Bischoff testified that he was not
way in the decision to terminate Sonny Onoo .

involved,

in any

(Bischoff

Dep .

218-219) .
52 .
Bischoff emphasized that it was

not his decision to

terminate Sonny Onoo and indeed the decision was made after
Bischoff stopped working at WCW .

-13-

(Bischoff Dep .

at

218-220) .

at

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 14 of 19

53 .
In or about August,
was

1999,

prior to Bischoff

leaving WCW,

he

involved in providing the list of WCW stars that would

participate in the Warner Brothers film entitled "Ready to

Rumble,

and he included Onoo in the

list ."

(Bischoff

Dep .

at

238-242) .

54 .
Along with various

talent,

Eric Bischoff

listed Sonny Onoo

as one of the WCW persons who would participate .

Bischoff

testified that he would not have listed Onoo had he intended to

fire Onoo .
X.

(Bischoff Dep .

at 238-242) .

WCW CONTINUED TO USE MALES IN THE POSITIONS OF ON-AIR NONWRESTLING TALENT AND AGENTS AFTER WCW FIRED SONNY ONOO

55 .
An agent essentially coordinated,

and communicated the need

of the producers of the program to the talent .

at

29 ;

Ferrara

(Bischoff Dep .

at 26) .

56 .
According to Bischoff,

as an agent for WCW .

Sonny Onoo had

functioned in a role

(Bischoff Dep . at 30) .

-19-

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 15 of 19

57 .
After Sonny Onoo was

fired by WCW,

in the role of an on air talent manager .

WCW used Eric Bischoff

(Bischoff Agreement,

Tab G) .

58 .
After Sonny Onoo was terminated,

WCW entered into a

contract with a Caucasian male named John Riker .

Supp .

Resp .

to Pls .'

First

Interrogatories,

(Def .

Tab N) .

performed as a manager/valet named "Ralphus ."

WCW's

Riker

(Lunde Dep .

at

9-

12) .

59 .
Ralphus appeared as an on air

talent with Caucasian

wrestler Chris Jericho .

WCW entered into the contract with

Ralphus on May 1,

WCW classified Ralphus

- Other ."

(Def .

Interrogatories,

2000 .

WCW's Supp .

Resp .

to

Pls .'

as "Enhancement

First

Tab N) .

60 .
After Sonny Onoo was
agents at WCW,
(Ferrara

Dep .

terminated,

WCW continued to use

Ferrara worked as an agent at WCW in March,

2000 .

at 25-26) .

61 .
According to Ferrara,
Mike Graham,

David Finley,

in addition to himself,
Terry Taylor,
-15-

Arn Anderson,

Johnny Ace,

John

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 16 of 19

Laurinatis,

and Ricky Santana also worked as agents at WCW while

he was working at WCW .

Onoo,

(Ferrara Dep .

at 27),

no Asian ever worked as an agent

With exception of

(Onoo Aff .

9[

3,

Tab C) .

62 .
After Onoo was

fired,

Ferrara performed as

personality named Oklahoma .

(Ferrara Dep .

an on air

at 78) .

63 .
Ralphus worked as a manager for Chris Jericho .
at

(Lunde Dep .

11) .

64 .
Mike Sanders was the manager
as the Natural Born Thriller .
XI .

for a group of wrestlers

(Lunde Dep .

at

known

11-12) .

MISCELLANEOUS FACTS
65 .
Both Onoo and Hart

filled the

role as manager,

Sonny Onoo

also was able to speak Japanese and provided an additional

qualification in that he was able to communicate with the
Japanese talent .

(Bischoff Dep .

at

226-227) .

66 .
According to Bischoff,
because Hart

Jimmy Hart was made an employee

"was doing a lot of things

administrative work" .

(Bischoff

Dep .

-16-

at

that were borderline

227) .

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 17 of 19

67 .
According to WCW announcer Tony Schiavone,
worked as a manager on air,
performance as

Sonny Onoo

and was "very good" in his

an on air talent manager .

(Schiavone Dep .

at

92-

95) .
68 .
In 1995 through 1598,
talent manager .

Colonel Parker worked as an on air

Some time

in the nineties,

a manager of on air talent .

(Schiavone Dep .

worked as an on air manager as well

Jericho .

(Schiavone Dep .

at

`Janderberg worked as
at

41-43) .

Ralphus

as a "sidekick" for Chris

93) .

69 .
WCW announcer Tony Schiavone

recalls that at

times the

Asian wrestlers appeared on the WCW scene and then were not
around as much and then
that the Asian wrestlers
(Schiavone Dep .

reappeared ;

Schiavone further states

were to be used as the bookers

saw fit .

at 7U) .
70 .

According to Lunde,

Jimmy Hart would have been considered

an agent because "on the Saturday night tapings,

Jimmy was

basically in charge of that, so I guess he would be considered

an agent also ."

(Lunde Dep .

at

9-10) .

-17-

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 18 of 19

Respectfully submitted,

this ~~

day of January,

2003 .

Cary Ichter
O
Georgia Bar No . : 382515
Charles J . Gernazian
Georgia Bar No . : 291703
Michelle M . Rothenberg-Williams
Georgia Bar No . 615680
MEADOWS, ICHTER 6 BOWERS,
Fourteen Piedmont Center,
3535 Piedmont Road
Atlanta, GA
30305
(404) 261-6020

P .C .
Ste .

1100

Attorneys

-18-

for Plaintiffs

Case 1:00-cv-00368-CC Document 115 Filed 01/16/03 Page 19 of 19

CERTIFICATE OF SERVICE
This

is to certify that I have this date served opposing

counsel to this

action with the

foregoing PLAINTIFF SONNY ONOO'S

STATEMENT OF MATERIAL FACTS TO WHICH THERE EXIST GENUINE ISSUES

TO BE TRIED by hand delivering a copy of same,
of the

addressed to one

following :

1,y
This

Eric Richardson, Esq .

Evan Pontz, Esq .
Troutman Sanders LLP
Suite 5200, Bank of America Plaza
600 Peachtree Street, N .E .
30308-22165
Atlanta, Georgia

I~V Y\ day of January,

2002 .

Charles J . Gernaziffn
Georgia Bar No . 291703