Parrish et al v. National Football League Players Incorporated

Filing 222

Declaration of Bernard Paul Parrish 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. (Related document(s) 217 ) (Hilbert, Ryan) (Filed on 3/14/2008)

Parrish et al v. National Football League Players Incorporated

Doc. 222

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A PROFESSIONAL CORPORATION · ATTORNEYS

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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

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DECLARATION OF BERNARD PAUL PARRISH Page 2 Civil Action No. C07-0943 WHA Dallas 252945v1

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

DECLARATION OF BERNARD PAUL PARRISH IN SUPPORT OF MOTION FOR CLASS CERTIFICATION

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

Dockets.Justia.com

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A PROFESSIONAL CORPORATION · ATTORNEYS

I, Bernard Paul Parrish, declare and state as follows: 1. I am a party to this lawsuit and submit this declaration in support of Plaintiffs'

Motion for Class Certification. I have personal, first-hand knowledge of the matters stated herein, and, if called upon to do so, I could and would competently testify thereto. 2. I was a defensive back with the Cleveland Browns from 1959 through 1966.

Since my retirement from the NFL, I have devoted considerable time to advocating for retired players' rights, and was a pioneer of the National Football League Players Association ("NFLPA"). I am also the author of a best selling book, They Call It A Game, published in 1971, which advocated players rights. Although I am flattered to have been urged by N.Y. Times columnist William Rhoden to run for Executive Director of the NFLPA, I have not yet decided whether I will do that. 3. In 2005, I paid $50 to the NFLPA to become a retired player member of that

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organization. During the time of my membership, PLAYERS INC never informed me that it was licensing retired player rights to licensees like EA and Topps, and that retired players could share in royalties by signing a GLA. I was also disappointed to learn, after joining the NFLPA and paying dues, that Mr. Upshaw did not believe that he represents me or other retired players. 4. I am interested in this litigation and wish to serve as a named plaintiff. I was the

person that contacted Ronald Katz in October 2006 to represent me and similarly situated retired players. I also asked Herb Adderley and Walter Roberts to consider joining this lawsuit. I understand that my claims arise from the NFLPA's substandard representation of retired players such as myself. 5. Since January 2006, I have had frequent communications with counsel and

various members of the proposed class regarding this litigation. I have reviewed and approved every complaint filed in this action. In the case of the Third Amended Complaint ("TAC"), I was only able to review the public (redacted) version, because Defendants have designated certain materials as confidential as to me pursuant to the Protective Order in this matter. I have also personally responded to discovery and am scheduled to be deposed on March 13, 2008.
DECLARATION OF BERNARD PAUL PARRISH­ Page 3 Civil Action No. C07-0943 WHA Dallas 252945v1

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A PROFESSIONAL CORPORATION · ATTORNEYS

I declare under penalty of perjury and the laws of the United States that the foregoing is true and correct and that this declaration was executed on March 13, 2008. /s/ Bernard Paul Parrish Bernard Paul Parrish Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Ronald S. Katz hereby attests that concurrence in the filing of this document has been obtained.

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Dallas 252945v1 DECLARATION OF BERNARD PAUL PARRISH­ Page 4 Civil Action No. C07-0943 WHA