Parrish et al v. National Football League Players Incorporated

Filing 225

MOTION to Seal Defendants' Miscellaneous Administrative Motion to File Under Seal Certain Confidential Materials Filed By Plaintiffs filed by National Football League Players Incorporated, National Football League Players Association. (Attachments: # 1 Declaration of Joel Linzer, # 2 Declaration of Gene Upshaw, # 3 Declaration of Molly Donovan, # 4 [Proposed] Order)(Padnos, Todd) (Filed on 3/20/2008)

1A212

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OF

MARK MAIM BAR

NO

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MMDINI4C
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WELL GOTSIJAL MANGESLLP
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REDWOOD SHORES PKWAY REDWOOD SHORES CA 94065 TEL [phone] FAX [phone]
201 BRUCE

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15

BRUCE

WELL
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RONELYEMANGES LLP G TSIIA
AVENUE

MEYER PRO HOC VICE

767 FIFTB

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IS

NEWYORKNY 10153 TEL [phone]FAX
ATTORNEYS

2123108007

FOR DEFENDANTS NATIONAL FOOTBALL

AND NATIONAL
19

FOOTBALL LENGUC PLAYERS ASSOCIATION LEAGUE LAYERS INCORPORATED DLBA PLAYERS INC

20 21 22 23
PLAINTIFFS

NORTHERN DISTRICT
BERNARD PAUL PARRISH HERBERT ANTHONY ADDERLEY WALTER ROBERTS III

UNITED STATES DISTRICT COURT OF CALIFO1 SAN FRANCISCO DIVISION
CASE

NO

07 0943

WHA

24 25

DECLARATION OF GENE UPSHAW IN SUPPORT OF DEFENDANTS ADMINISTRATIVE MOTION TO FILE UNDER SEAL CERTAIN CONFIDENTIAL MATERIALS FILEI BY PLAINTIFFS

26
27 28

NATIONAL FOOTBALL LEAOIJE PLAYERS ASSOCIATION AND NATIONAL FOOTBALL LEAGUE PLAY1 INCORPORATED DTHSI PLAYERS INC
DEFENDARNS

UP8BAW DCCRAT3ON III

SUPPORT OF DEFENDANTS MOTION TO FILE UNDER SEAL

CIV

NO C07

0943

WIIA

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GENE

UP

FLQ
DOCUMENT 187
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OF

HEREBY DECHRE AS FOLLOWS

AM EXECUTIVE
ASSOCIATION

DIRECTOR

OF THE
FOOTBALL

FOOTBALL

LEAGUE PLAYERS

NFLPA
INC

AND CHAIRMAN

OF NATIONAL

LEAGUE PLAYERS INEOXPORATA OF ACE AND
COULD

PLAYERS
PERSONAL

COLLECTIVELY

AM OVER TWENTYORE YEARS

HAVE AND

KNOWLEDGE OF EACH OF T1 FACTS STATED HEREIN COMPLETELY THERETO

IF CALLED UPON TO TESTIFY

WOULD

TESTIFY

THIS DECLARATION

IS

SUK

TO SHOW GOOD CAUSE

WHY PLAINTIFFS

THIRD

AMENDED COMPLAINT AS
12 THE DESCRIBED

TAC
INC

AND EXHIBITS
CONTAIN

AND

THERETO SHOULD BE FLLCD

UNDER SEAL OF

BELOW THESE DOCUMENTS
AND PLAYERS

TRADE SECRETS REGARDING BUSINESS

THE LICENSING

BUSINCS
WITH

NFLPA

AS WELL AS THE LICCNSING

OF

RN COMPANY

WHICH
RESULI

WE
IN

13

DO BUSINESS ELECTRONIC

ARTS INC

EA

PUBLIC

DISCLOSURE

OF THESE DOCUMENTS WOULD
ALSO HARM COMPETITION

14

IOUS

COMMERVIAL HARM TO THE MARKETPLACE

NFLPA

PLAYERS

MC AND EA AND

IN

THE

IS

LICENSING

16 CORRTMERCIAL LICENSING

THE DOCUMENTS

ATTACHED TO THE

TAC

ASE

AND
ARTS INC

ARE NONPUBLIC

17

AGREEMENTS BETWECN PLAYERS

INC AND ELECTRONIC

EA

AND

EA

18

AGREEMENTS RESPECTIVELY
OF WHICH ARE TRADE SECRETS

THESE AGREEMENTS ARE NONPUBLIC CARRIMERCIAL
SPECIFICALLY THE CONFIDENTIAL TERMS

DOCUMENTS THE TERMS

19

OF THESE AGREEMENTS INCLUDE BETWEEN

20
21

AMONG OTHER THINGS
INC INCLUDING

THE SPECIFIC

PRICE TERMS OFTHE CONTRACTS NEGOTIATED

EA

AND PLAYERS
THE

THE PRECISE

AMOQNTS AND TIMING

OF THE GUARANTEED PAYMENTS AND ROYALTIES

22
23

SPECIFIC

SCOPE OF THE RIGHTS GRANTED AND SERVICES TO BE RENDERED UNDER THE AGREEMENTS THE TERMS

AND CCMNDIRIONS OF PAYMENT AND THE
INC NEGOTIATED

VAI

CONTINGENCIES

AND OTHER TERMS THAT

EA

AND PLAYERS

24 25 26 27 28

TO GOVERN THEIR CONTRACTUAL RELATIONSHIP

PLAYERS THE

INC

AND THE
FILED

NFLPA

WOULD BE SERIOUSLY
DISCLOSURE

HARMED COMMERCIALLY

IF

EA

AGREEMENTS WERE PUBLICLY

SUCH PUBLIC

MAKE THE
LICENSEES
IN

PRECISE

TERMS OF

THOSE

CON

CONTRACTS AVAILABLE

TO OTHER LICENSEES

AND POTENTIAL
OTHER GAMING

THE LICENSING

MARKETPLACE

WITH WHICH

WE DEAL

OR

MAY

DEAL

SUCH AS

COMPANIES THAT WOULD

DA

ICT

OF

DEL

MOTIOS TH FILE UNIER

SEAL

CW ACTION NO CO7 0943

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OF

COMPEIIIIVDY

IF THEY

HAD ACCESS TO THE TERMS

WE NEGOIAT
LICENSORS IN

WITH

EA

OTHER LICENSORS

AND POTENTIAL LICENSORS WITH WHICH
LICENSE RIGHTS TO COMPANIES

WE COMPETE SUCH

SPORTS THAT SIRNIHIRLY

SUCH AS

PA
CONFIDENTIAL

THOSE COMPANIES WOULD SEE THE SPECIFIC
PLAYERS BEHAVIOR INC

BUSINC

TERMD THAT

AND

EA

NEGOTIATED WHICH WOULD CLEARLY HAVE
GOTIATIONS THEY

MAJOR IMPACT ON THEIR BUSINESS
PLAYERS

ARID

ANY FUTURE
THE LICENSING

MAY HAVE WITH
PLAYERS

ME THE NFLPA
AND

OR

PA

OR OTHER

COMPANIES VOMNPAIES

IRA

MARKETPLACE

MC THE NFLPA
DISCLOSURE

EA

ARE NOT THE ONLY

COMPETING IN THE LICENSING

MARKETPLACE
DISTORT

OF THESE CONFIDENTIAL BY HAVING
SIT

BUSINESS

TERMS TO THESE COMPANIES 10 CONFIDENTIAL BUSINESS

WOULD SERIOUSLY

THE MARKETPLACE

OF THE

TERMS

OF PLAYERS INC AND

EA

IN THESE SUBSTANTIAL

CONTRACTS PUBLICLY

11

AVAILABLE

WHILE

THE TERMS THAT THESE OTHER COMPANIES

NEGOTIATE

ERE NOT PUBLICLY

DISCLOSED

IN THE

12

SAME

WAY

OTHER LICENSEES

AND LICENSORS WOULD HAVE

COMMERCIAL ADVANTAGE OVER PLAYERS INC
TO EXPLOIT THAT

13

AND THE

NFLPA

AND THESE OTHCR COMPANIES WOULD CLEARLY MODIFY THEIR BEHAVIOR
IN SHORT ONE OF OUR MOST IMPORTANT BUSINESS

14

ADVANTAGE TO THE FULLEST

TRADE SECRETS IN THE

15

WARKETPLA
WOULD BE LOST

THE PRECISE THIS

CONTRACT TERMS

WE NEEOTIATED

WITH

LA

IN THESE MAJOR CONTRACTS

16

WOULD RESULT

IN

SUBSTANTIAL

AND INIMEDIATE

COMMERCIAL HARM TO PLAYERS INC

17

ARIDTHENFLPA THE DOCUMENT
PLAYERS ATTACHED TO THE

18

TAC

IS

EXHIBIT

115 AN AGREEMENT BETWEEN
VARIOUS BUSINESS

19

IN

AND THE

NFLPA PLAYERS LNCNFLPA AGREEMENT CONCERNING NELPA
GRANT OF CERTAIN RIGHTS TO PLAYERS

20
21

MATTERS INCLUDING

AN

INC IN CONNECTION

WITH

PLAYERS

INCS

LICENSING

ACTIVITIES

THE DOCUMENT

ATTACHED IO THE

TAC

AS EXHIBIT

IS

AN AMENDMENT TO THE

22
23

PLAYERS

INCINFLPA

AGREEMENT

AMENDMENT REGARDING

REDISTIIBUTION

OF CERTAIN FUNDS UNDER

THE PLAYERS

INCINFLPA

AGREEMENT
THESE DOCUMENTS AXE CONFIDENTIAL COMMERCIAL AGREEMENTS BETWEEN
BUSINESSES

24
25

PLAYERS

INC

AND THE

NFLPA

REGARDING

THE BUSINESS

ARRANGEMENTS OF THEIR LICENSING

26
27

SPECIFICALLY

THE TERMS

OF THESE AGREEMENTS INCLUDE DESCRIPTIONS
PURSUANT
TO THEIR

OF REVENUE AMOUNTS REEEI VED BY

PLAYERS

JNC AND THE

NFLPA

LIOENS

AGREEMENTS WITH CERTAIN LICENSEES

AS WELL

28

AS THE METHODS BY WHICH

SUCH REVENUE

IS

DISTRIBUTED

THE

PLAYERS

INCINFLPA

AGREEMENT ALSO

AW DECLARATION

IN SUPPORT

OF DENDANAS

MOTION TO FILE UNDER SEA

CIV ACDON NO C07 0943

WHA

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OF

DC
PUBLIC

THE DISTRIBUTION

OF REVENUE RECEIVED

FROM THIRD PARTICS

SUCH AS

PL

PROPERTIES

INC

AND CERTAIN TRADING

CARD COMPANIES

THE

SPCCIFI

TERMS

OC THESE COMMERCIAL IIGREEMENTS
INFORMATION REGARDING

HAVE NOT BEEN MADE OF

AND THEY CONSTITUTE CONFIDENTIAL BUSINESSES

BUSINESS

THE OPERATION

DEFENDANTS LICENSING INCS AND THE
CONTRACTING

PUBLIC

DISCLOSURE

OF THESE AGREEMENTT WOULD REVEAL TO PLAYERS
PARTIES

NFLPAD

COMPETITORS COUNTERCONTRACTING
FINANCIAL INFORMATION

AND POTENTIAL COUNTEX OF PLAYERS INCS AND SUCH INFONNATI6N

PARTIES

DETAILED

REI

TO THE OPERATIONS

THE

NPLPAS
CAUS

LICENSING

BUSINESSES AS WELL AS THIRD PARTY CONTRACT INFORMATION
TO CHANGE THEIR BUSINESS BEHAVIOR TO PLAYERS

COULD 10

THESE ENTITIES

INCS

AND THE

NFLPAS

COMMERCIAL DISADVANTAGE

THE DOCUMENT
12 DEPOSITION TESTIMONY

ATTACHED TO THE

TAC

AS EXHIBIT

CONTAINS

EXCERPTS

OF THE

OF

DOU ALLEN

THE FORMER PRESIDENT

OF PLAYERS

ITIC

IN HIS TESTINIONY

13

MR ALLEN
DESCRIBED

DISCUSSES

AT LENGTH

MUCH OF THE SAME

CONFIDENTIAL

AND COMMERCIAL INFORMATION

14

ABOVE

FOR EXAMPLE

MR ALLEN

RECITED VERBATIM CERTAIN TERMS OF THE

EA

AGREEMENTS

IS

INCLUDING

FINANCIAL

TERMS OF THOSE AGREEMENTS
ALSO TESTIFIED

AND EXPLAINED

AND DESCRIBED

THE TERMS OF THOSE

16

AGREEMENTS INCLUDING
TESTIFIED

MR

ALLEN

ABOUT THE PLAYERS

INCNFLPA

AGREEMENT AND AMENDMENT

17

VERBATIM RECITATIONS OF SOME OF THE TERMS OF THOSE AGREEMENTS IN ADDITION TERMS OF
LICENSING IF THIS

MR ALKN

ABOUT THE SPECIFIC

AGREEMENT BETWEEN THE

NFLPA

AND ANOTHER THIRD WOULD

19

PARTY LICENSEE

OTHER THAN

EA

INFORMATION

WERE TO BE PUBLICLY

DISCLOSED

IT

20
21

CAUSE COMPETITIVE
PARTY LICENSEE

AND COMMERCIAL HARM TO PLAYERS

MC THE NFLPA EA

AND THE OTHER THIRD

FOR THE

SAME REASONS
PUBLIC

DISCUSS

ABOVE
VERSION

22 23 24 25 26 27 25

10
CAUSE COMPETITIVE

DISCLOSURE

OF AN UNREDACTED
TO PLAYERS

OF THE PLAINTIFFS AND

TAC

WOULD

AND COMMERCIAL HARM

MC THE NFLPA
DESCRIHED

EA

SINCE THE

TAG

CONTAINS

MUCH OF THE OF AND

VERY

SAME CONFIDENTIAL OF
THE

INFORMATION

ABOVE

INCLUDING

EXTENSIVE

QUOTATIONS

DESCRIPTIONS

EA

AGREEMENTS THE PLAYERS OF DOUG ALLEN

INCNFLPA

AGREEMENT AND

AMENDMENT

THERETO

AND THE DEPOSITION

TESTIMONY

UPAHAW DECLARATION

IN

SI

OF DEFENDANTS MOTION TO

FILE

UNDER

SE

CIV ACTIUN

NO CO7

0943

WHA

11

LFL22

FAX

OU

CA

307CV00943WHA

DOCUMENT 187

FILED

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PAGE

OF

CKCLARV UNDER THE PENALTY

OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF
THIS

AMERICA

THAT THE FOREGOING

IS

TRUE END

CON AND THAT

DECLARATION

WA IN

CXECUTCD

IN

QFL

NOVEMBER 21 2007

DATED NOVEMBER 212007

GENE UPSH

I0

11

12

13

14
15

16

17

IS

19 20
21

22 23 24 25 26 27
28

UPSB

CCHAT

IN

SUPPQRT OF DEFENDMNWMOTION TO FILM UNDER SEAL

CIV ACTIOI

NO C07

0943

WHA