James Nederlander.

James Nederlander to the stand. Examination by For IRS Donna Hubert For Estate Avram Salkin Q: Good afternoon, Mr Nederlander, first I want to thank you for being here. ?????????????????????????????????????????? A.???? Los Angeles, New New York, Chicago.??? Chicago.????? ?? And I grew up in>>>>>???? in>>>>>???? Q. So after you education, did you become involved in the family business A. Yes Q. And so erm, Tell me a little bit about your grandfather and what he did? A: My grandfather grandfather ran ran a theater theater in Detroit. Detroit. And he produce produced d plays. Q: And did move to the east coast or did he stay in Detroit A: He stayed stayed in Detroit. Detroit. Q: Okay. And then did he start the Nederlander Organization? A: He started the Nederlander Nederlander organizat organization, ion, yeah. Q: Okay. And then did other family members become involved in the business? A: Correct. Q. Siblings or other family memebers A/ No, my grandfather grandfathers s siblings siblings no, My father father was the primary one and his his brothers brothers

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were involved, as well. Q: What was your father involvement would have been? A: He ran everythin everything. g. From working working under my grandfather grandfather to expandin expanding g the company, company, moving it to New York, producing shows. He would go the New york to get show to come to Detroit,, extend to Los Angeles and Chicago. Q: Did your organization acquire ownership of theaters? A: Yes. Q: In what cities. A: Chicago, Los Los Angeles, Angeles, New York, York, San Diego, Diego, London. London. Q: And today, how many theaters does the Nederlander Organization own? A. laughs Q. Approximate Approximately ly A. About, twenty twenty seven. seven. Q: And the Nederlander Organization produces shows? A: Yes Q: Okay, And so are these shows on Broadway? A: Most of them them are. Some Some of them them are no longer longer with us.







Q: Either your father or yourself. A: Annie, A: Annie, In In Sympathy, Sympathy, Movin' Out, Out, On Your Your Feet!, Feet! , (????), Romeo and Juliet...more, Juliet ...more, and others, as well. Q: Okay thank you. Can you tell us a little about the process of deveopng a braodway play or show? A: Well there's there's a lot of of different different ways to do that. One, One, you can can go see see a show at a particular venue around the world and say this is something I realy want to bring to New York. ..Or you can create it from the beginning. Q: And have you done both of those? A: Yes. Q: Can you give some examples of some of those. A: Umm, I saw The Man Bradley cooper up in Williamstown...went up there and told Bradley , “This is an amazing show production. Please come to New York”. We talked Nickleby in London, about it, six months later he decided 'yes'. ..My father saw Nicholas Nickleby in he thought it was something that may never make money but yet America probably should see it..and it did come to New York and it was a masterpiece. Umm, I have approached certain artists to ask to see if their catalog might be available to make a musical, or certain books that may be interesting as a play or a musical. So, it really expands from finding something that you really like, to creating something that you







A: Yes. Q: Do you remember any of the names of the musicals? A: On Your Feet! Q: And what is On Your Feet! ? Feet! ? A: On Your Feet! is Feet! is the story of Emilio and Gloria Estefan. From where they began to where they are now. Q: Okay. And is that show is still playing? A: It is. Q: Now, did there come a time in 2008 where you were approached to do a Michael Jackson-themed Broadway show? A: Correct. Q: And who contacted you? A: Peter Lopez. Lopez. Q: And who is Peter Lopez? A: He was the attorney for Michael Jackson Jackson..at ..at the time. time. Q: Okay, and did you know him from before? A: Yeah, I knew knew him periodically periodically,, on and off, off, you we'd we'd be in sort sort of places places but I cant







A: Yeah. Q: And what did he tell you when he called.. did he call you? A: Yes, he did. did. Q: Okay, and what did he say? A: He said would would you like to make a musical out of Michael Jackson’s music? Q: And what did you say? A: Sure! Q: Okay, then what happened after that? A: Well uhh, eventua eventually lly I met Michael. Michael. And we talked a little bit about an idea. And then...nothing, basically. Q: It didn't come to pass? A: No. Q: No. Okay. Did you come to Los Angeles to discuss a possible project this..for a Broadway show? A: Yes. Q: And did you have a meeting or meetings- A: With?







Q: Did you also fly to L.A.? A: Um-hum. Q: Did you go to the Bel-Air Hotel? A: Yes. Q: Did you have a meeting at the Bel-Air Hotel? A: Yes, I did. did. Q: Do you remember who was there? A: Michael Jackson Jackson and and Peter Pet er Lopez. Q: And did you..Was Tohme Tohme at the meeting? A: Yes, yes, yes, he was there, there, as well. well. I actually actually met him before I met Michael Michael through through Peter Lopez at the Bel-Air Hotel. Q: And did you work out a deal memorandum recording the proposed show? A: Eventually. Eventually. Donna Hubert: Exhibit-- may I approach the witness, Your Honor? Judge: Yes. Donna Hubert: Let the record reflect I have just given-Exhibit 19J. to the witness and it is also up there in front of you on the large screen.









A: Yes, I do. Q: Can you look at the page that's numbered page 10. A: Um-hum. Q: Is that your signature on the document? A: It is, yes. yes. Q: Is this the deal memorandum that you were working on with Michael Jackson? A: Yes. Q: Now I believe that when we met in New York ..you would ask about shows, correct? A: I do believe believe that one one should should talk to a neighbor neighbor or someone someone and try to explain explain to them them what a show's about because that gives you a decent sign whether they're interested in it or not. Q: And did you ever do that for this show? A: Uhhh, no because we didn't finish finish any deal deal so I (????). (????).







A: Sure. Yes. Q: And did it also require the use of his moniker: 'The King Of Pop'? A: Say that again, again, I'm I'm sorry. Q: Well, okay. Let me rephrase that. And was it required that all press releases include the moniker: 'The King Of Pop'? A: It says it here, but but you know, know, we never never had a deal so nothing nothing was was really authenticated from this. Q: Did any money change hands because of this deal memorandum? A: No. Q: At the time that you were talking to Michael Jackson, Tohme Tohme and Peter Lopez and signing this deal memorandum, did you have any concerns about Michael Jackson’s image? A: No. Q: And at the time that you were signing this deal memorandum, were you concerned







A: Um, I'm going going to quote quote my father father who is no no longer with with us. He would would always always say, “Son, no one can pick a hit or a flop”. So.. I have no idea if this would have been successful or not. HE would have no idea if it would be a success or not. He was alive when they were doing this and HE didn't know. No one knows. Q: What about with respect to other Broadway shows? Do you ever know? A: No. Q: What about something like Hamilton-Hamilton - A: (Congratulations? (Congratulations????) ???) Q: --were you (sure of????) of Hamilton? Hamilton ? (lots of laughter in court) Q: I didn't mean to cut off your answer, what did you say? A: No um, we were just an investor. investor. But I didn't didn't know what it was was going to be. Q: So there was no guarantee that Hamilton would Hamilton would be a success? A: No. ..Look, ..Look, no guarante guarantees. es. My father, father, again, again, would say, say, “How “How do you you become a







Q: At the time that you entered this deal memorandum, if you remember, was there anything going on in London that you needed to consider or think about? A: Yeah, there there was a Michael Jackson Jackson musical musical that that was going going on. Q: And were you concerned about that? A: A little bit, a little bit. bit. But then I saw it, and it was not really concerning concerning.. ***(Howard Weitzman sniggers)**** Q: So that didn’t deter you. A: No. Q: Alright. And did any complications arise as you started to consider this deal, were there any problems with Rod Temperton, or..? A: No, we were were just in the the negotiation negotiation process process with him. You know, know, how he feels, We were in the process of making deals. Q: Okay, so what happened after that? Did the deal proceed, did it consummate? A: After what? what?







A: I don’t actually remember, itit just, there there was.. was.. I don’t know. know. I don’t don’t remember, remember, it just just STOPPED. Q: Alright. After he died you were still interested in producing a Michael Jacksonthemed Broadway show? A: Yes. Q: Did Did you discuss it with with the Michael Jackson's Estate, at all? A: ..Not really, really, I mean, mean, no. Q: Did the Estate seem interested in moving forward with a Michael Jackson Broadway show? A: I don’t know don’t know if they did it or not, everything kind of just went to a standstill. ...A lot of this I don't remember anymore.. it just kind of (????). Q: Do you remember if your, if the Nederlander Organization fil ed a lawsuit against ag ainst the Estate? A: I think that that was our our attorney attorney at the time..and I don't recall recall exactly exactly what the lawsuit lawsuit









stipulation of fact. If you could just take a moment to look at the document and see if it refreshes your memory? A: It looks familiar but but I don’t remember any any details details here. Q: Do you know whatever the outcome was of this particular complaint? A: I don’t remember. Q: Okay. ..Would you still be interested in doing a Michael Jackson Broadway show today? A: Sure. Yes. Donna Hubert: Alright. I have no further questions. Judge: okay we go to cross examination







Judge: This broadway show was going to have songs and other performers? A: Correct. Voth: Your Honor, the witness is excused. Judge: Oh he is (Break)

James Nederlander.

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