Parrish et al v. National Football League Players Incorporated

Filing 114

Letter from Eamon O'Kelly incl. Players Inc Brief. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Wetzel, Joseph) (Filed on 8/15/2007)

Parrish et al v. National Football League Players Incorporated

Doc. 114 Att. 1

Case 3:07-cv-00943-WHA

Document 114-2

Filed 08/15/2007

Page 1 of 3

DEWEY BALLANTINE
1301

LLP

AVENUE OF

TILE

AMERICAS

NEW YORK NEW YORK 100196092
TEL
212

2598001

FAX

212

2596333

DAVID CREENSPAN
212 259 6438 DGREENSPANDEWEYBALLANTINECOM

JULY

27 2007

BY EMAIL
RYAN
MANATT
1001

HUBERT
PHELPS PHILLIPS

LLP

PAGE MILL ROAD BUILDING PALO ALTO CA 943041006

RE
DEAR

PARRISH

ET

AL

PLAYERS

INC

ET

AL

RYAN AM
WRITING
IN

RESPONSE

TO YOUR JULY

20 2007

LETTER

ADDRESS
FIRST

IN

TURN THE
SET OF

YOU HAVE RAISED REGARDING OUR RESPONSES AND OBJECTIONS DOCUMENT REQUESTS
ISSUES

TO PLAINTIFFS

DOCUMENT RIUEST

NO NO
BECAUSE AMONG OTHER THINGS
LEGAL

WE OBJECTED
REPRESENT
DEFINING
AS

TO

REQUEST

THE TERM

USED BY

PLAINTIFFS TO

CALLS FOR

CONCLUSION

IN

LIGHT

OF YOUR

NOW

THE TERM REPRESENT

MEAN ACTING

FOR OR ON BEHALF
THAT IT IS

OF

PLAYERS INC WILL

PRODUCE ALL
RETIRED

DOCUMENTS IN WHICH PLAYERS INC HAS STATED FURTHER IN GLAS IN WHICH
LIGHT

ACTING FOR OR ON BEHALF OF

PLAYERS

OF YOUR STATEMENT THAT REQUEST PLAYERS AUTHORIZE THE

NO

CALLS FOR CONTRACTS TO

INCLUDING
ENTER INTO

RETIRED

NFLPA
WILL

ANDOR PLAYERS INC PRODUCE ALL SUCH

LICENSING

AGREEMENTS

ON THEIR

BEHALF PLAYERS INC

DOCUMENTS

DOCUMENT REUUEST

NO
DOCUMENTS RESPONSIVE
TO

WE WILL

PRODUCE ALL

REQUEST

NO

DOCUMENT REUUEST
SUBJECT PLAYERS INC WILL

NO
SET FORTH

TO THE QUALIFICATIONS
ALL

ABOVE WITH RESPECT

TO

REQUEST

NO

PRODUCE
RETIRED

DOCUMENTS
PLAYER

THAT REFER TO OR CONSTITUTE

AN OFFER TO

ACT

FOR OR

ON BEHALF

OF

NFL

WHETHER BY LICENSE

GLA

OR IN

ANY OTHER MANNER

NEW YORK

WASHINGTON 13G LONDON WARSAW

LOS ANGELES

EAST PALO IIIO MILAN

AUSTIN IIEIJIN

IIARIOTTI

FRANKFURT

ROME

Dockets.Justia.com

Case 3:07-cv-00943-WHA
RYAN
JULY

Document 114-2

Filed 08/15/2007

Page 2 of 3

HUBERT

27 2007

PAGE

DOCUMENT REQUESTS

NO 46
DOCUMENTS
RELATING SOLELY TO

PLAYERS INC OBJECTS TO PRODUCING ADMINISTRATIVE

MATTERS BECAUSE OF THE

SUBSTANTIAL

BURDEN ASSOCIATED WITH PRODUCING
OF ADMISSIBLE

SUCH

DOCUMENTS WHICH ARE NOT REASONABLY EVIDENCE

CALCULATED TO LEAD TO THE DISCOVERY

FOR EXAMPLE REQUEST NO CALLS FOR ALL DOCUMENTS THAT SUMMARIZE DESCRIBE OR REFER TO COMMUNICATIONS WITH ANY RETIRED NFL PLAYER CONCERNING LICENSING MATTERS AN EMAIL THAT MERELY INSTRUCTED PLAYER ABOUT THE TIME HE SHOULD ARRIVE AT
PARTICULAR

APPEARANCE OR PROVIDED
TO

PLAYER WITH DIRECTIONS

TO AN

WITHIN

THE SCOPE OF YOUR REQUEST BUT WOULD BE CLEARLY

IRRELEVANT

APPEARANCE WOULD AND UNNECESSARILY

FALL

BURDENSOME

PRODUCE REQUESTS
PLAYERS INC WILL

NO

AND

SUFFER

FROM THE SAME DEFICIENCIES DOCUMENTS OTHER
DESCRIBE OR

PRODUCE

AS

IT

HAS ALREADY AGREED

ALL

THAN DOCUMENTS RELATING
REFER TO

SOLELY

TO ADMINISTRATIVE

MATTERS

THAT

SUMMARIZE

COMMUNICATIONS
OR APPEARANCE

REFERRING

TO THE GROUP LICENSING

PROGRAM
PLAYERS

FOR RETIRED

PLAYERS

LICENSING

OPPORTUNITIES

AVAILABLE
RETIRED

TO RETIRED

THE LICENSEES OF THE THE TERMS OF LICENSING OR FINANCES OF THE GROUP

NFLPA
LICENSING

ANDLOR PLAYERS INC THAT LICENSE
FOR RETIRED

NFL

PLAYER RIGHTS

PROGRAMS

NFL

PLAYERS

AND THE PERFORMANCE REVENUES
PLAYERS

PROGRAM

FOR RETIRED

NFL

DOCUMENT REQUEST

NO

11

PLAYERS INC OBJECTS TO REQUEST NOT LIMITED
TO EXPENDITURES

NO

11

BECAUSE AMONG OTHER REASONS
TO RETIRED

IT

IS

INCOME AND PAYMENTS

RELATING

NFL

PLAYERS

MOST OF RATHER REQUEST NO 11 SEEKS DOCUMENTS RELATING TO PLAYERS INCS ENTIRE BUSINESS WHICH HAS NOTHING TO DO WITH LICENSING THE RIGHTS OF RETIRED PLAYERS OR ANYTHING ELSE AT ISSUE IN THIS LAWSUIT PLAYERS INC IS WILLING TO PRODUCE ANY DOCUMENTS THAT SUMMARIZE OR
DESCRIBE
RIGHTS

THE INCOME

ANDOR LICENSE
PLAYERS

FEES

THAT PLAYERS

INC RECEIVED

FROM THE LICENSING
PLAYERS INC
IS

OF THE
ALSO TO THE

OF RETIRED
TO

NFL

AND HOW SUCH MONEY WAS DISTRIBUTED
REFERRING SPECIFICALLY

WILLING

PRODUCE ANY DOCUMENTS
OF THE RIGHTS OF RETIRED

TO EXPENDITURES

ATTRIBUTABLE

LICENSING

NFL

PLAYERS IF SUCH DOCUMENTS EXIST

PLAYERS INC WILL

NOT HOWEVER PRODUCE COMPANYWIDE DOCUMENTS RELATING TO EXPENDITURES TO RETIRED PLAYERS AND THAT PROVIDE NO BASIS PAYMENTS THAT ARE NOT SPECIFIC ANY
SPECIFIC

INCOME

OR

FOR ATTRIBUTING

AMOUNTS

TO RETIRED

PLAYERS

DOCUMENT REQUEST

NO 12

PLAYERS INC OBJECTS TO REQUEST NO 12 BECAUSE IT IS OVERLY BROAD AND SEEKS DOCUMENTS OUTSIDE THE SCOPE OF PERMISSIBLE DISCOVERY IN THE SAME MANNER AS REQUEST NO 11 THE REQUEST CALLS FOR FINANCIAL DOCUMENTS RELATING TO PLAYERS INCS ENTIRE BUSINESS REGARDLESS OF WHETHER SUCH DOCUMENTS RELATE TO RETIRED PLAYERS PLAYERS INC
IS

WILLING

TO

PRODUCE ANY DOCUMENTS THAT SUMMARIZE OR DESCRIBE THE INCOME ANDOR LICENSE FEES THAT PLAYERS INC RECEIVED FROM THE LICENSING OF THE RIGHTS OF RETIRED NFL PLAYERS AND HOWSUCH

Case 3:07-cv-00943-WHA
RYAN
JULY

Document 114-2

Filed 08/15/2007

Page 3 of 3

HUBERT

27 2007

PAGE

MONEY WAS
SPECIFICALLY

DISTRIBUTED

PLAYERS INC

IS

ALSO

WILLING

TO

PRODUCE ANY DOCUMENTS
OF THE RIGHTS OF RETIRED

REFERRING

TO EXPENDITURES

ATTRIBUTABLE

TO THE LICENSING

NFL

PLAYERS IF SUCH DOCUMENTS EXIST

DOCUMENT REQUESTS

NO 1314
THE EARLIEST APPLICABLE
STATUTES

THE COMMENCEMENT OF
CLAIMS ANY OF PLAINTIFFS CONDUCT BY PLAYERS INC PERMISSIBLE
IS

OF LIMITATIONS
TO

FOR

FEBRUARY

14 2003

PRIOR

TO FEBRUARY
IS

THUS DOCUMENTS RELATING 14 2003 IS CLEARLY BEYOND THE
TO YOUR CONTENTION TO JANUARY THAT

ANY ASSERTED

SCOPE OF ARE

DISCOVERY
TO

THERE

NO MERIT

PLAINTIFFS

NEVERTHELESS ENTITLED

DOCUMENTS DATING BACK
IT IS

1997

PURSUANT TO THE OF FRAUDULENT
IN

FRAUDULENT CONCEALMENT DOCTRINE

BEYOND DISPUTE
OF WHAT

THAT ALLEGATIONS

CONCEALMENT MUST BE

STATED

WITH PARTICULARITY
FALL

HOWEVER THE
IS

CONCLUSORY ALLEGATIONS
FOR THE DOCTRINE TO

THE

SECOND AMENDED COMPLAINT

FAR SHORT

REQUIRED

APPLY

DO NOT ALLEGE WHICH CAUSES OF ACTION WERE FOR EXAMPLE PLAINTIFFS WHICH DEFENDANT PURPORTEDLY CONCEALED SUCH CLAIMS WHEN OR PURPORTEDLY CONCEALED WHERE SUCH CLAIMS WERE PURPORTEDLY CONCEALED HOWSUCH CLAIMS WERE PURPORTEDLY CONCEALED OR WHETHER AND HOW PLAINTIFFS ACTUALLY FRAUDULENT ACTS IN FACT PLAINTIFFS HAVE MADE NO ACCORDINGLY PLAYERS INC
APPLICABLE
STATUTES INTO WILL RELIED SPECIFIC

ON THE DEFENDANTS
ALLEGATIONS TO THE

PURPORTEDLY

ON

THIS

POINT THE

NOT PRODUCE DOCUMENTS PRIOR PLAYERS INC WILL

COMMENCEMENTOF
AGREEMENTS

OF LIMITATIONS
PRIOR TO

HOWEVER PRODUCE

THAT

WERE ENTERED
OF LIMITATIONS

FEBRUARY 14 2003

BUT WHICH WERE IN EFFECT DURING

THE STATUTE

PERIOD

DOCUMENT REQUESTS

NO

15

AND 1722
TO

WE WILL
REQUESTS NO

PRODUCE ALL

DOCUMENTS RESPONSIVE

REQUEST

NO 15

AND

17 THROUGH

22
EARLY

WE ARE

AVAILABLE

NEXT

WEEK TO
VERY

FURTHER

MEET AND CONFER BY TELEPHONE

TRULY

YOURS

GREENSPAN

CC

EAMON OKELLY ESQ
CLAIRE GOLDSTEIN

ESQ