Parrish et al v. National Football League Players Incorporated

Filing 217

MOTION to Certify Class -- Plaintiffs' Notice of Motion and Motion for Class Certification and Brief in Support Thereof filed by Bernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. Motion Hearing set for 4/24/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order, # 2 Exhibit A to Proposed Order)(Hilbert, Ryan) (Filed on 3/14/2008)

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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW PALO A L T O

MANATT, PHELPS & PHILLIPS, LLP RONALD S. KATZ (Bar No. CA 085713) E-mail: [e-mail] RYAN S. HILBERT (California Bar No. 210549) E-mail: [e-mail] NOEL S. COHEN (California Bar No. 219645) E-mail: [e-mail] 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: [phone] Facsimile: [phone] McKOOL SMITH, P.C. LEWIS T. LECLAIR (Bar No. CA 077136) E-mail: [e-mail] JILL ADLER NAYLOR (Bar No. CA 150783) E-mail: [e-mail] 300 Crescent Court, Suite 1500 Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

BERNARD PAUL PARRISH, and HERBERT ANTHONY ADDERLEY, on behalf of themselves and all others similarly situated, Plaintiffs vs. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, a Virginia corporation, and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC, a Virginia corporation, Defendants.

CIVIL ACTION NO. C07 0943 WHA

[PROPOSED] ORDER GRANTING CLASS CERTIFICATION

Date: April 24, 2008 Time: 8:00 a.m. Place: Courtroom 9, 19th Floor Judge: Hon. William H. Alsup

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[PROPOSED] ORDER GRANTING CLASS CERTIFICATION CASE NO. C07 0943 WHA

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Having considered Plaintiff Bernard Parrish and Herbert Adderley's Motion for Class Certification Pursuant to Fed. R. Civ. P. 23 ("Plaintiffs' Motion"), Defendants' Opposition to Plaintiffs' Motion, Plaintiffs' Reply, all other papers filed herein, the records of the case, and any oral argument on the Motion, the Court hereby orders as follows: IT IS HEREBY ORDERED that Plaintiffs' Motion is GRANTED; and it is further ORDERED that this action shall proceed as a class action with a first class of members hereby certified, which class shall consist of retired NFL players who paid dues during the statute of limitations period to join the NFL Players Association as a retired member (the "Retired Member Class"); and it is further ORDERED that a second class of members is hereby certified, which class shall consist of all retired NFL players who at any time executed a particular form of licensing agreement (a sample of which is attached as Exhibit A hereto) in effect during the statute of limitations period (the "GLA Class"); and it is further ORDERED that Count IV (Breach of Fiduciary Duty) of the Third Amended Complaint is hereby certified on behalf of the Retired Members Class; and it is further ORDERED that Counts I (Breach of Contract), II (Breach of Fiduciary Duty), and III (Accounting) of the Third Amended Complaint are hereby certified on behalf of the GLA Class; and it is further ORDERED that Bernard Parrish and Herbert Adderley may act as representatives of the Retired Member Class and the GLA Class, respectively; and it is further ORDERED that Plaintiffs' counsel of record may act as counsel for the two classes.

IT IS SO ORDERED. Dated: ________________, 2008 _______________________________________ Honorable William H. Alsup Judge, United States District Court

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[PROPOSED] ORDER GRANTING CLASS CERTIFICATION CASE NO. C07 0943 WHA