Parrish et al v. National Football League Players Incorporated

Filing 218

Declaration of Jill Adler Naylor in Support of 217 MOTION to Certify Class -- Plaintiffs' Notice of Motion and Motion for Class Certification and Brief in Support Thereof filed byBernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X, # 24 Exhibit Z, # 25 Exhibit AA, # 26 Exhibit BB, # 27 Exhibit CC, # 28 Exhibit DD, # 29 Exhibit EE, # 30 Exhibit FF, # 31 Exhibit GG, # 32 Exhibit HH, # 33 Exhibit II, # 34 Exhibit JJ, # 35 Exhibit KK, # 36 Exhibit LL, # 37 Exhibit MM, # 38 Exhibit NN, # 39 Exhibit OO, # 40 Exhibit PP, # 41 Exhibit QQ, # 42 Exhibit RR, # 43 Exhibit SS, # 44 Exhibit TT, # 45 Exhibit UU, # 46 Exhibit VV)(Related document(s) 217 ) (Hilbert, Ryan) (Filed on 3/14/2008)

EXHIBIT BB
to the Declaration of Jill Adler Naylor in Support of Plaintiffs' Motion for Class Certification and Brief in Support Thereof

Herbert Anthony Adderley
Page 1
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --BERNARD PAUL PARRISH, : CIVIL ACTION HERBERT ANTHONY : ADDERLEY, and WALTER : ROBERTS, III, on : behalf of themselves : and all others : similarly situated, : Plaintiffs : : V. : : NATIONAL FOOTBALL : LEAGUE PLAYERS : ASSOCIATION; a : Virginia Corporation : and NATIONAL FOOTBALL : LEAGUE PLAYERS, INC., : d/b/a PLAYERS, INC., : a Virginia corporation: Defendants : NO. C07-0943-WHA --February 20, 2008 -

Videotape deposition of HERBERT ANTHONY ADDERLEY, held in the offices of Blank Rome, One Logan Square, 9th Floor, Philadelphia, Pennsylvania 19103, commencing at 8:30 a.m. on the above date, before Teresa M. Beaver, a Federally-Approved Registered Professional Reporter and a Notary Public in the Commonwealth of Pennsylvania. ---

JOB NO. 200714

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Herbert Anthony Adderley
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the 3500. Q. is? A. Q. 2500. Okay. Did anyone tell you Do you know what the number

that your claim now is only for people who have signed the same group licensing form as you've signed? A. Q. A. Q. A. Q. A. Yes. Did you know that? Yes. Do you have any idea what 2500. How do you know that, sir? My attorneys told me. MR. KATZ: Well, I'm going

that number of players is?

to instruct the witness not to -don't disclose communications you had with your attorneys. THE WITNESS: MR. KATZ: BY MR. KESSLER: Q. Let me show you next -All right. Okay.

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Herbert Anthony Adderley
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answers in this document with anyone before it was filed? A. No. MR. KATZ: object to that. BY MR. KESSLER: Q. Number 4. Request for Admission 4 says that "admit that Adderley did not know the specific terms of any GLA that he signed that was in effect within the statute of limitations until defendants could do such GLAs to Adderley in this action." Do you see that, sir? A. Q. Yes. And the answer your counsel Do you see that? A. Q. Yes. Please tell me, prior to Let me show you the Request I'm going to

filed is "denied."

filing this action, and receiving the copies of the GLAs produced by defendants ESQUIRE DEPOSITION SERVICES, LLC. 1-800-944-9454

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Herbert Anthony Adderley
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in this action, what specific terms of the GLA did you know or remember? A. That I signed the GLA, I remember, and I was under the impression that I would receive some compensation for signing it. Q. used? A. Q. at the time? A. Q. Yes. Let me direct your attention Request Number 6 in the response says that "Plaintiffs admit that Adderley has licensed certain rights, including but not limited to his name, to the HOF" -- which is Hall of Fame -"within the statute of limitations." Do you see that? A. Q. Yes. And you did license your If it was used. And that's all that you knew If I'm -- if your image was

next to Request Number 6.

image to the Hall of Fame within the ESQUIRE DEPOSITION SERVICES, LLC. 1-800-944-9454

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Herbert Anthony Adderley
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are seeking damages in this case? A. Q. sir? MR. KATZ: Object. By not THE WITNESS: Yes. How have you been damaged,

receiving any compensation from the group licensing agreement; the last one that I signed, that said that there have been escrow accounts set aside and to be shared with retired players, included. BY MR. KESSLER: Q. Other than the Reebok program, do you know of any program where your rights were utilized that you didn't get paid for? A. No. MR. KATZ: BY MR. KESSLER: Q. So, can you identify any other specific program that damaged you, other than the Reebok program? ESQUIRE DEPOSITION SERVICES, LLC. 1-800-944-9454 Object.

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Herbert Anthony Adderley
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know? A. Q. As far as I know, yes. Do you have an

understanding, sir, of your duties as a class representative? A. Q. those are? A. the class. Q. A. Q. A. In what area of endeavor? On compensation. On the licensing? On the licensing. MR. KESSLER: Leading. BY MR. KATZ: Q. And you have also been an advocate for retired players for pensions; is that right? A. Q. Yes. And what, if anything, does Objection. On what subject? As a class representative, I got to get the best deal that I can for Yes. And can you tell us what

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Herbert Anthony Adderley
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that have to do with this case? A. the lawsuit. Q. A. Q. A. lawsuit. Q. this case? A. Q. A. Yes. And why did you do that? Because I needed legal Couldn't Why did you -- did you authorize your lawyers to bring suit in And you've also been an Yes. And what, if anything, does Not a thing with the advocate for disability; is that right? Nothing at all to do with

that have to do with this case?

advice and legal help to do it. do it without it. Q. And what's your

motivation -- was it your independent decision to do that? A. Yes, after Bernie Parrish called and told me about it, it was my independent decision to be involved. ESQUIRE DEPOSITION SERVICES, LLC. 1-800-944-9454

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Herbert Anthony Adderley
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Q. A. Q. A. Q. A. Q. A. Q.

Did you do it because anyone No. Not Mr. Parrish? No. Not me? No. It was your -- it was Herb Yes, 100 percent. And before you brought the

else told you to do it?

Adderley's decision?

case, did your attorneys review all the facts and legal theories, et cetera, with you? A. Q. Yes. And were you satisfied that

that was a case that you wanted to associate your name with? A. Q. A. Q. Yes. And has the theory of the Yes. Okay. And do you have an

case changed over time?

understanding of why it changed over ESQUIRE DEPOSITION SERVICES, LLC. 1-800-944-9454

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Herbert Anthony Adderley
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What did you mean by that, sir? A. They boast about in the retirement directory and GLA agreements, that all retired players, they represent, all retired players. Q. To the best of your knowledge, sir, have you ever received any payments as a result of having signed the GLA, that Mr. Kessler showed you before, the two GLAs? A. Q. A. Q. A. No. And do you believe that you Yes. On what basis? Going by what the GLA

should be compensated?

states, that there would be, you know, money set aside in the escrow account that would be divided equally among the players, retired players. Q. Okay. And in that sort of division, does Joe Montana's share have any more value than the third string ESQUIRE DEPOSITION SERVICES, LLC. 1-800-944-9454

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Herbert Anthony Adderley
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quarter back of the 49ers? A. Q. A. divided. Q. A. Q. Okay. Doesn't say anything about Now, have you received any No. Why is that? Because it says equally

who is best or who is the best. response to this e-mail that you sent out, Exhibit 159? A. Q. A. Q. supportive? A. Q. No. Not paper-wise, no. But have you received Yes. And were those phone calls Not supportive? They were supportive. Did you get -- what idea, if

responses, just phone calls?

any, did you get from these phone calls, whether others were dissatisfied with their licensing payments? A. Well, when they contacted me, I thought maybe they would send ESQUIRE DEPOSITION SERVICES, LLC. 1-800-944-9454

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Herbert Anthony Adderley
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Q. A.

Well let me ask you this: Because I thought that

Why did you sign the GLA? signing the GLA would give Players, Inc. the permission to license my image and I would get paid for it. Q. A. Q. A. Q. And so you understood that Yes. So, you understood some of Some of the terms, yes. It's not true that you when you signed it; didn't you?

the terms when you signed it, didn't you?

didn't understand any of the terms when you signed it? A. Correct. MR. KESSLER: MR. KATZ: BY MR. KATZ: Q. A. Q. Have you ever received any No. Have you ever received any money from that escrow account? Objection to

the form of the question. Okay.

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money as a result of signing a GLA? A. Q. A. Q. A. Q. A. No. Do you believe that you Yes. Do you have any idea as you No. Why not? Because I haven't seen any

should have received money?

sit here now how much money?

of the documents as to how much money the total is and how much should be received or divided. Q. documents? A. Q. Yes. Do you feel that you have to And do you want to see those

see those documents in order to fulfill your obligations as a class representative? MR. KESSLER: MR. KATZ: Objection to the form of the question. It's okay to make an objection but let me finish. ESQUIRE DEPOSITION SERVICES, LLC. 1-800-944-9454

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320 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (The foregoing certification of t h i s transcript does not apply to any r e p r o d u c t i o n of the same by any means, u n l e s s under the direct control and/or s u p e r v i s i o n of the certifying shorthand reporter.) ---------------------------Teresa M. Beaver, RPR I hereby certify that the p r o c e e d i n g s and evidence noted are c o n t a i n e d fully and accurately in the n o t e s taken by me on the deposition of t h e above matter, and that this is a c o r r e c t transcript of the same. CERTIFICATE