Wisconsin Interscholastic, et al v. Gannett Company, Incorporated, et al

Filing 26

Original record on appeal filed electronically. Contents of record : 20 vol. of pleadings. [26] [6274573] [10-2627]

Wisconsin Interscholastic, et al v. Gannett Company, Incorporated, et al

Doc. 26 Att. 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ WISCONSIN INTERSCHOLASTIC ATHLETIC ASSOCIATION, AMERICAN-HIFI, INC. Plaint iffs, Case No. 09-CV-0155 v. GANNETT CO., INC., and WISCONSIN NEWSPAPER ASSOCIATION, INC., Defendants. ______________________________________________________________________________ DECLARATION OF AUTUMN N. NERO IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ I, Autumn N. Nero, am an attorney with the firm of Perkins Coie LLP, counsel for Plaint iffs, Wisconsin Interscholastic Athletic Association ("WIAA") and American-HiFi, Inc. ("WWWY"). I make this declaration in support of Plaintiffs' Motion for Summary Judgment. I state that the following is true to the best of my knowledge and belief: 1. Attached hereto as Exhibit 1 is a true and correct copy of a complete list of

materials that James L. Hoyt relied upon in reaching the opinions expressed in his Expert Report dated September 28, 2009. (Hoyt Expert Report, Ex. A). 2. Attached hereto as Exhibit 2 is a true and correct copy of excerpts of the WIAA

2008-2009 Senior High School Handbook. (Hoyt Expert Report, Ex. C). 3. Attached hereto as Exhibit 3 is a true and correct copy of excerpts of the WIAA

2009-2010 Senior High School Handbook. (Hoyt Expert Report, Ex. D).

70205-0001/LEGAL17520911.1

Dockets.Justia.com

4.

Attached hereto as Exhibit 4 is a true and correct copy of excerpts of the WIAA

2008-2009 Media Policies Reference Guide. (Hoyt Expert Report, Ex. E). 5. Attached hereto as Exhibit 5 is a true and correct copy of excerpts of the WIAA

2009-2010 Media Policies Reference Guide. (Hoyt Expert Report, Ex. F). 6. Attached hereto as Exhibit 6 is a true and correct copy of a May 26, 1989 news

release indicating that the University of Wisconsin's initial estimate was that an exclusive license agreement would triple radio broadcast revenue. (Hoyt Expert Report, Ex. G) 7. Attached hereto as Exhibit 7 is a true and correct copy of a Radio and Television

Broadcast Rates and Requirement document that indicates in 1988-89, the rental rate was a minimum of $550 per game. (Hoyt Expert Report, Ex. H) 8. Attached hereto as Exhibit 8 is a true and correct copy of an Exclusive Radio

Broadcast Rights document dated April 12, 1989. (Hoyt Expert Report, Ex. I) 9. Attached hereto as Exhibit 9 is a true and correct copy of a June 21, 2006 Big

Ten Official Athletic Site press release which indicates the Big Ten currently licenses Big Ten Football coverage to Disney, i.e., ABC and ESPN, for a substantial (but confidential) fee. (Hoyt Expert Report, Ex. J) 10. Attached hereto as Exhibit 10 is a true and correct copy of a Big Ten Official

Athletic Site press release indicating that for the past two years, since the advent of the Big Ten Network, games that are declined by Disney are carried on the Big Ten Network. (Hoyt Expert Report, Ex. K) 11. Attached hereto as Exhibit 11 is a true and correct copy of the 2008-09 Western

Collegiate Hockey Associat ion Radio and Television Policies. (Hoyt Expert Report, Ex. L)

70205-0001/LEGAL17520911.1

2

12.

Attached hereto as Exhibit 12 is a true and correct copy of an April 13, 2007

UWBadgers.com site press release regarding the contract extension between UW-Madison and Learfield Sports. (Hoyt Expert Report, Ex. M) 13. Attached hereto as Exhibit 13 is a true and correct copy of a map indicating that

Learfield Sports alone has agreements with more than 50 universities and conferences related to radio sports coverage. (Hoyt Expert Report, Ex. N) 14. Attached hereto as Exhibit 14 is a true and correct copy of excerpts of the 2007-

2008 Wisconsin Interscholastic Athletic Association 85th Annual Yearbook. (Hoyt Expert Report, Ex. O) 15. Attached hereto as Exhibit 15 is a true and correct copy of 2008 payments to the

WIAA: $75,000 for the Boys and Girls Basketball State Tournaments and Hockey State finals, $20,000 for Football State finals, and $60,000 from When We Were Young Productions for all other tournament events. (Hoyt Expert Report, Ex. P) 16. Attached hereto as Exhibit 16 is a true and correct copy of the 2008-09 WIAA

State Tournaments ­ Events/Distribut ion spreadsheet. (Hoyt Expert Report, Ex. Q) 17. Attached hereto as Exhibit 17 is a true and correct copy of the description of

InsideBADGERSPORTS.com offerings and pricing. (Addendum to Expert Report of James L. Hoyt, Ex. AA) 18. Attached hereto as Exhibit 18 is a true and correct copy of Gannett Co., Inc.'s

Responses to Plaintiff Wisconsin Interscholastic Athletic Associations First Set of Interrogatories, served August 19, 2009 but signed October 2nd and 5th 2009.

70205-0001/LEGAL17520911.1

3

19.

Attached hereto as Exhibit 19 is a true and correct copy of Wisconsin Newspaper

Association, Inc.'s Responses to Plaintiff Wisconsin Interscholastic Athletic Associations First Set of Interrogatories, dated August 12, 2009. 20. Attached hereto as Exhibit 20 is a true and correct copy of excerpts of the WIAA

2008-2009 Senior High School Handbook. I declare under penalty of perjury, under the laws of the United States, that the foregoing is true and correct to the best of my knowledge.

Dated this 22nd day of January, 2010.

s/ Autumn N. Nero Autumn N. Nero

70205-0001/LEGAL17520911.1

4

EXHIBIT 1

Wisconsin Interscholastic Athletic Association, et al. v. Gannett Co., Inc., et al. Dr. Hoyt - Materials Considered Complaint with Exhibits A - G Defendants' Answer, Defenses and Counterclaim Answer to Defendants' Counterclaims First Amended Complaint with Exhibits A ­ E Defendants' Answer to Plaintiff's First Amended Complaint Wisconsin Newspaper Association's Responses to Plaintiff's First Set of Requests for Production of Documents dated 8-12-09 Wisconsin Newspaper Association's Responses to Plaintiff's First Set of Interrogatories dated 8-12-09 Gannett's Responses to Plaintiff's First Set of Requests for Production of Documents dated 8-19-09 Gannett's Responses to Plaintiff's First Set of Interrogatories dated 8-19-09 2-19-09 Letter from John Skilton to Dreps regarding WIAA Internet Streaming Policy 2008-09 Media Policies and Reference Guide 2009-10 Media Policies and Reference Guide 2008-09 Senior High School Handbook 2009-10 Senior High School Handbook Excerpts of 2007-08 WIAA Yearbook Big Ten Conference on Television (http://www.bigten.org/mulimedia/big10-television.html) The Big Ten Conference Announces Media Agreements Increasing National Coverage of Big Ten Sports, June 21, 2006 (http://www.bigten.org/genrel/062106aad.html) Receipts (3) rights fees in 2008 2008-09 Calendar of WIAA Tournament Events 2008-09 Western Collegiate Hockey Association May 26, 1989 University of Wisconsin Sports News Service article, Subject: UW Athletic Department and WTMJ-Radio to Negotiate Exclusivity Rights Radio and Television Broadcast Rates and Requirements Effective Fiscal 1988-89 Exclusive Radio Broadcast Rights with Attachment #1 Map of Learfield partners Affidavit of Todd C. Clark

EXHIBIT 2

EXHIBIT 3

EXHIBIT 4