Parrish et al v. National Football League Players Incorporated

Filing 158

Declaration of Joseph R. Wetzel in Support of 148 Memorandum in Opposition, filed byNational Football League Players Incorporated, National Football League Players Association. (Attachments: # 1 Exhibit A (Stip. P.O.))(Related document(s) 148 ) (Wetzel, Joseph) (Filed on 10/11/2007)

Parrish et al v. National Football League Players Incorporated

Doc. 158

Case 3:07-cv-00943-WHA

Document 158

Filed 10/11/2007

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Mark Malin (Bar No. 199757) [e-mail] DEWEY & LEBOUEF LLP 1950 University Avenue, Suite 500 East Palo Alto, CA 94303 Tel: [phone] Fax: [phone] Jeffrey L. Kessler (pro hac vice) [e-mail] David G. Feher (pro hac vice) [e-mail] Eamon O'Kelly (pro hac vice) [e-mail] DEWEY & LEBOUEF LLP 1301 Avenue of the Americas New York, NY 10019 Tel: [phone]; Fax: [phone] Kenneth L. Steinthal (pro hac vice) [e-mail] Claire E. Goldstein (Bar No. 237979) [e-mail] WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Tel: [phone]; Fax: [phone] Bruce S. Meyer (pro hac vice) [e-mail] WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, NY 10153 Tel: [phone]; Fax: [phone] Attorneys for Defendants National Football League Players Association and National Football League Players Incorporated d/b/a Players Inc UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BERNARD PAUL PARRISH, HERBERT ANTHONY ADDERLEY, and WALTER ROBERTS, III, Plaintiffs, v. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a/ PLAYERS INC, Defendants.
DECLARATION ISO MISCELLANEOUS ADMINISTRATIVE REQUEST PURSUANT TO CIVIL LOCAL RULES 7-11 AND 79-5 TO SEAL DOCUMENTS

Case No. C 07 0943 WHA DECLARATION OF JOSEPH R. WETZEL IN SUPPORT OF MISCELLANEOUS ADMINISTRATIVE REQUEST PURSUANT TO CIVIL LOCAL RULES 7-11 AND 79-5 TO SEAL DOCUMENTS Date: Time: Ctrm: Judge: William H. Alsup

CASE NO. C 07 0943 WHA

Dockets.Justia.com

Case 3:07-cv-00943-WHA

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DECLARATION OF JOSEPH R. WETZEL I, Joseph R. Wetzel, based upon personal knowledge or following reasonable investigation, declare as follows: I am admitted to practice before this Court, and I am an associate at the law firm of Weil, Gotshal & Manges LLP, which is counsel of record for Defendants National Football League Players Association and National Football League Players Incorporated d/b/a/ Players Inc (collectively, "Defendants"). I submit this declaration pursuant to Civil Local Rule 79-5(d). If called upon as a witness, I could competently testify to the truth of each statement herein. 1. Defendants are filing concurrently herewith Defendants' Opposition to

Plaintiffs' Motion for Leave to File a Third Amended Complaint ("Defendants' Opposition") and Defendants' Miscellaneous Administrative Request Pursuant to Civil Local Rules 7-11 and 79-5 to Seal Documents. 2. Attached as Exhibit A hereto is a true and correct copy of the Stipulated

Protective Order, approved by this Court subject to stated conditions on July 31, 2007, which governs the exchange of confidential information in the above-captioned action. 3. Defendants' Opposition includes information that qualifies for protection

as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because it contains commercially and competitively sensitive information related to Defendants' licensing business. A copy of this document has been lodged with the Clerk. 4. The Declaration of Andrew Feffer in Support of Defendants' Opposition to

Plaintiffs' Motion for Leave to File a Third Amended Complaint ("Feffer Declaration") filed on October 11, 2007, includes information that qualifies for protection as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because it contains commercially and competitively sensitive business information related to Defendants' licensing business, including discussion of the terms of confidential agreements and the amounts of payments made pursuant to confidential agreements. A copy of this document has been lodged with the Clerk.

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a.

Exhibits D through F of the Feffer Declaration have been

designated "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because they contain commercially and competitively sensitive business information related to Defendants' licensing business. A copy of these documents has been lodged with the Clerk. 5. The Declaration of David Greenspan in Support of Defendants' Opposition

to Plaintiffs' Motion for Leave to File a Third Amended Complaint ("Greenspan Declaration") filed on October 11, 2007, includes information that that qualifies for protection as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because it contains commercially and competitively sensitive business information related to Defendants' licensing business, including discussion of the terms of confidential agreements and the amounts of payments made pursuant to confidential agreements. A copy of this document has been lodged with the Clerk. a. Exhibit A to the Greenspan Declaration, the Affidavit of Andrew

Feffer, dated September 21, 2007, includes information that qualifies for protection as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because it contains commercially and competitively sensitive business information related to Defendants' licensing business, including discussion of the terms of confidential agreements and the amounts of payments made pursuant to confidential agreements. A copy of this document has been lodged with the Clerk. i. Exhibits A through K of the Affidavit of Andrew Feffer

have been designated "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because they contain commercially and competitively sensitive business information related to Defendants' licensing business. A copy of these documents has been lodged with the Clerk. b. Exhibits B and G through K to the Greenspan Declaration have

been designated "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated

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Protective Order because they contain commercially and competitively sensitive business information related to Defendants' licensing business. A copy of these documents has been lodged with the Clerk. c. Exhibits C through F to the Greenspan Declaration have been

designated "Confidential" pursuant to the Stipulated Protective Order because they contain Retired Player Group Licensing Forms executed by retired players. A copy of these documents has been lodged with the Clerk. d. Exhibit L to the Greenspan Declaration, attaching portions of the

September 7, 2007 Doug Allen Deposition transcript, includes information that qualifies for protection as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because it contains commercially and competitively sensitive business information related to Defendants' licensing business, including discussion of the terms of confidential agreements and the amounts of payments made pursuant to confidential agreements. A copy of this document has been lodged with the Clerk. e. Exhibits M through R and U through W to the Greenspan

Declaration have been designated "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because they contain commercially and competitively sensitive business information related to Defendants' licensing business. A copy of these documents has been lodged with the Clerk. f. Exhibits S and T to the Greenspan Declaration include information

that qualifies for protection as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because it contains commercially and competitively sensitive business information related to Defendants' licensing business. A copy of these documents has been lodged with the Clerk. 6. The Declaration of Doug Allen in Support of Defendants' Opposition to

Plaintiffs' Motion for Leave to File a Third Amended Complaint ("Allen Declaration"), filed on October 11, 2007, includes information that qualifies for protection as "Highly Confidential ­

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Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because it contains commercially and competitively sensitive business information related to Defendants' licensing business, including discussion of the terms of confidential agreements and the amounts of payments made pursuant to confidential agreements. A copy of this document has been lodged with the Clerk. a. Exhibits A through I of the Allen Declaration have been designated

"Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because they contain commercially and competitively sensitive business information related to Defendants' licensing business. A copy of these documents has been lodged with the Clerk. b. Exhibit J to the Allen Declaration, attaching portions of the

September 7, 2007 Doug Allen Deposition transcript, includes information that qualifies for protection as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because it contains commercially and competitively sensitive business information related to Defendants' licensing business, including discussion of the terms of confidential agreements and the amounts of payments made pursuant to confidential agreements. A copy of this document has been lodged with the Clerk. 7. The Declaration of Joel Linzner, filed on October 11, 2007, includes

information that qualifies for protection as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because it contains commercially and competitively sensitive business information related to Defendants' licensing business, including discussion of the terms of confidential agreements and the amounts of payments made pursuant to confidential agreements. A copy of this document has been lodged with the Clerk. a. Exhibits A and D through F to the Declaration of Joel Linzner have

been designated "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because they contain commercially and competitively sensitive business information related to Defendants' licensing business, including the terms of confidential agreements. A copy of this document has been lodged with the Clerk.

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b.

Exhibits B and C to the Declaration of Joel Linzner qualify for

protection as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because they contains commercially and competitively sensitive business information related to Defendants' licensing business, 8. The Declaration of Warren Friss, filed on October 11, 2007, includes

information includes information that qualifies for protection as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because it contains commercially and competitively sensitive business information related to Defendants' licensing business, including discussion of the terms of confidential agreements and the amounts of payments made pursuant to confidential agreements. A copy of this document has been lodged with the Clerk. a. Exhibits A through D to the Declaration of Warren Friss have been

designated "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order because they contain commercially and competitively sensitive business information related to Defendants' licensing business, including the terms of confidential agreements. A copy of this document has been lodged with the Clerk.

I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct.

Dated: October 11, 2007

WEIL, GOTSHAL & MANGES LLP

By:

/s/ Joseph R. Wetzel Joseph R. Wetzel (Bar No. 238008) Counsel for Defendants

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