Parrish et al v. National Football League Players Incorporated

Filing 111

Declaration of Ryan S. Hilbert in Support of 110 Memorandum in Opposition, filed byBernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Related document(s) 110 ) (Hilbert, Ryan) (Filed on 8/9/2007)

Parrish et al v. National Football League Players Incorporated

Doc. 111 Att. 2

Case 3:07-cv-00943-WHA

Document 111-3

Filed 08/09/2007

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Exhibit 2 to the Declaration of Ryan S. Hilbert in Support of. Plaintiffs' Consolidated Opposition to Defendants' Motions to Dismiss

Dockets.Justia.com

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Jeannine Y. Sano (SBN: 174190) DEWEY BALLANTINE LLP 1950 University Avenue, Suite 500 East Palo Alto, California 94303-2225 Telephone: [phone]

Facsimile: 650 845-7333
Jeffrey L. Kessler (pro hac vice) [e-mail] David G. Feher (pro hac vice) Eamon O'Kelly (pro hac vice) DEWEY BALLANTINE LLP 1301 Avenue of the Americas New York, New York 10019-6092 Telephone: [phone] Facsimile: 212 259-6333 Kenneth L. Steinthal ro hac vice pending) Joseph R. Wetzel (SBN: 238008) WEIL. GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Bruce S. Meyer (p ro !Lac vice pending) WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: [phone] Facsimile: [phone]

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Attorneys for Defendant NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC, a Virginia corporation. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNJA SAN FRANCISCO DIVISION
BERNARD PAUL PARRISH, HERBERT ANTHONY ADDERLEY, and WALTER ROBERTS Ill, on behalf of themselves and all others similarly situated, Civil Action No. IC07 0943 WHA Honorable William H. Alsup

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Plaintiffs,
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NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC, a Virginia corporation,

} } DECLARATION OF GENE UPSHAW IN SUPPORT O F DEFENDANT'S MOTION FOR ANCTIONS

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Defendant.

Declaration of Gene Upshaw

aiv. Action No. C07 0943 WHA

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Case 3:07-cv-00943-WHA

Document 111-3

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C ase 3:07-cv-00943-WHA Document 30 Filed 04/04/2007 Page 2 of 3

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DECLARATION OF GENE UPSHAW Gene Upshaw, hereby declares, under penalty of perjury, as follows:

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I make this declaration in support of the rnotioq for sanctions of Defendant

National Football League Players Incorporated d/b/a Players Inc ("Players Inc"). I am over twenty-one years of age, and 1 have personal knowledge of each of tho facts stated herein. If

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called upon to testify, I could and would testify completely thereto. 2. action. 3. Players Inc is incorporated in Virginia. It is a for-profit licensing, 1 am the Chairman of Players Inc, the Defendant in the above captioned

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sponsorship, marketing, and content development company affiliated with and primarily owned by the National Football League. Players Association ("NFLPA"), the bunion representing athletes
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who play in the NFL.
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Players Inc is not a union and does not represent retired players (or any

other players) in collective bargaining. 5. The NFLPA' s practice has been to sign current land former NFL players to

group licensing agreements ("GLAs"), whereby a player agrees to assign rights to his name, image, and other attributes to the NFLPA for licensing in groups of sick or more players to entities such as video game companies, trading card companies, and sports merchandise

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companies. The NFLPA, in turn, assigns the GLAs to Players Inc for [group licensing activities. 6. Individual retired players may also enter into al hoc licensing agreements

with Players Inc from time to time, whereby a player licenses rights toy his name or image to Players Inc for use in a specific group licensing program.

-2Declaration of Gene Upshaw iv. Action No. C07 0943 WHA

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Case 3:07-cv-00943-WHA

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Document 111-3

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7. If a retired player did not sign a GLA or ad hoq licensing agreement, Players Inc did not license the retired player's name or image and didl not include the retired

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player in its group licensing program. Plaintiff Bernard Parrish ("Parrish") has never Oigned a GLA and did not

5 participate in any Players Inc programs despite the fact that he, like alil retired NFL players, was
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eligible to do so. Plaintiff Walter Roberts III ("Roberts") has nee er signed a GLA and did not participate in any Players Inc programs despite the fact that lie w4s eligible to do so. 10. In contrast to Parrish and Roberts, Plaintiff Her'^bert Adderley ("Adderley") has signed GLAs and has participated in certain Players Inc licensing programs for which he has

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received more than $13,000 in payments. Adderley's last GLA expirld at the end of 2005.
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I declare under penalty of perjury under the laws of the Unites States of America that the foregoing is true and correct. Dated: April, 2007

Gene Upshaw

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