Mike McCarthy and Bill O'Brien will be deposed or be presented as witnesses in Colin Kaepernick's grievance case after their recent comments and quarterback choices.

O’Brien publicly said Kaepernick is a “good football player” but went on to express concern over him because he “hasn’t played football in a while,” yet signed Josh Johnson, who hasn’t attempted a pass since 2011.  

McCarthy was angered by a reporter's question about signing Kaepernick following the injury to Aaron Rodgers.

Kaepernick's team is also in the process of consulting with statisticians and experts who specialize in discriminatory hiring practices.

Sources say experts will be able to conclude it is statistically impossible that Kaepernick wouldn't have been signed by now if the free market were operating normally.