Parrish et al v. National Football League Players Incorporated

Filing 129

Letter from Jeffrey L. Kessler. (Attachments: # 1 Affidavit Declaration of Andre Collins Re: Plaintiffs' Payment of NFLPA Retired Players Association Dues)(Wetzel, Joseph) (Filed on 9/4/2007)

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Parrish et al v. National Football League Players Incorporated Doc. 129 Case 3:07-cv-00943-WHA Document 129 Filed 09/04/2007 Page 1 of 2 DEWEY BALLANTINE LLP 1301 AVENUE OF THE AMERICAS NEW YO R K , NE W YORK 10019-6092 TEL 212 259-8000 FAX 212 259-6333 JEFFREY L. KESSLER 212 259-8050 jkessler@deweyballantine.com September 4, 2007 VIA ELECTRONIC FILING The Honorable William Alsup United States District Court, Northern District of California 450 Golden Gate Avenue San Francisco, CA 94102 Re: Parrish, et al. v. National Football League Players Ass'n, et al. Case No. 07-0943 WHA Dear Judge Alsup: We represent the Defendants in the above-captioned matter and make this submission in response to the Court's August 30, 2007 Order Re: GLA Signed By Adderley And Dues Paid By Plaintiffs. Enclosed is a sworn declaration from Andre Collins, the Director of the NFLPA Retired Players Department. As set forth in Mr. Collins's Declaration, while Mr. Parrish did not pay any NFLPA Retired Players Association dues during the period 2000 to 2004, in 2005, Mr. Parrish paid $50 in such dues. I apologize for making an inaccurate statement to the Court on this point. Based on initial investigation, I erroneously had been led to believe that Mr. Parrish had not paid any dues to the NFLPA Retired Players Association during the entire statute of limitations period. Mr. Collins's Declaration confirms, as discussed at the recent hearing, that Mr. Adderley did pay NFLPA Retired Players Association dues during the statute of limitations period ($50 payments in 2003, 2004, and 2005), and that Mr. Roberts did not pay any such dues at any time. We reiterate, however, as stated in our briefs in support of Defendants' motions to dismiss, that Plaintiffs have not alleged a cognizable nexus between the $50 dues payments of Messrs. Parrish and Adderley and any of their causes of action. Moreover, there is no allegation of California in-state conduct related to these dues payments, and such payments thus cannot possibly give rise to a Section 17200 injury claim with respect to non-California residents Messrs. Parrish and Adderley. NEW YORK WASHINGTON, D.C. WARSAW LOS ANGELES FRANKFURT EAST PALO ALTO MILAN ROME AUSTIN CHARLOTTE LONDON BEIJING Dockets.Justia.com Case 3:07-cv-00943-WHA Judge William Alsup September 4, 2007 Page 2 Document 129 Filed 09/04/2007 Page 2 of 2 Finally, to put to rest another question raised at the hearing, I confirm that the documents provided to Plaintiffs establish that during the limitations period, Players Inc and the NFLPA paid to Mr. Adderley all of the monies received from licensees on his behalf, i.e., Players Inc did not deduct any administrative or other fees from such payments. Moreover, no money at all was received by Players Inc and/or the NFLPA on behalf of Mr. Parrish or Mr. Roberts during this period, and their intellectual property rights were never licensed by Players Inc and/or the NFLPA during this period. Respectfully submitted, /s/ Jeffrey L. Kessler_________ Jeffrey L. Kessler Counsel for Defendants I attest that concurrence in the filing of this document has been obtained from the signatory, pursuant to United States District Court, Northern District of California General Order 45(X)(B). /s/ Joseph R. Wetzel Joseph R. Wetzel (Cal. Bar No. 238008) Weil, Gotshal & Manges LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Counsel for Defendants Enclosures

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