Parrish et al v. National Football League Players Incorporated

Filing 254

Declaration of Ronald Katz in Support of 253 Reply Memorandum, filed byBernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Related document(s) 253 ) (Katz, Ronald) (Filed on 4/4/2008)

Parrish et al v. National Football League Players Incorporated

H A C 8

Doc. 25

2 3 4 5 6 7 8 9 10
I1

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: lleclair@mckoolsmith 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

12 13 14 15 16 17 18 19 20 21 22 23 24 25

UNITED STATES DISTRICT COURT NORTHERN DISTRICT SAN FRANCISCO DIVISION

BERNARD PAUL PARRISH, HERBERT ANTHONY ADDERLEY, and WALTER ROBERTS, III on behalf of themselves and all others similarly situated,
Plaintiffs

CIVIL ACTION NO. C07 0943 WHA

DECLARATION OF RONALD KATZ IN FURTHER SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION Date: Time: Place: Judge: pril 24, 2008 :00 A.M. ourtroom 9, 19th Floor on. William J. Alsup

vs. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, a Virginia corporation, and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED dlbla PLAYERS INC, a Virginia corporation, Defendants.

EXHIBITS 7, 10, 12, AND 14 FILED UNDER SEAL

26
27 28
MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT L.,w
PALO ALTO

20199398.1

KATZ DECL. ISO REPLY ISO MOTION FOR TO CLASS CERTIFICATION CASE NO, C07 0943 WHA

Dockets.Just

d

oA A A A

I 2 3 4 5 6 7

I, Ronald S. Katz, declare as follows: 1. I am a partner with Manatt, Phelps & Phillips, LLP, attorneys of record for

Plaintiffs Bernard Paul Parrish, Herbert Anthony Adderley and Walter Roberts III in the abovecaptioned matter. The facts below are true and correct and within my own personal knowledge. If called on to testify to them, I could and would competently do so. 2. ttached hereto as Exhibit 1 is a true and correct copy of a New York Times article

dated February 16, 2007, entitled "Upshaw Maintains Royalties Were Distributed Properly." 3. ttached hereto as Exhibit 2 is a_true and correct copy of an article located on the

8
9 10
II

ESPN.com website entitled "Report: DeLamielleure targeted by head of NFL's union." 4. ttached hereto as Exhibit 3 are true and correct copies of excerpts from the

deposition of Bernard Parrish, taken on March 13, 2008. 5. ttached hereto as Exhibit 4 is a true and correct copy of the letter dated January

12 13 14 15 16 17 18 19 20 21 22 23 24 25

23, 2008, to Judge Larson from David Feher, counsel for Defendants. 6. Attached hereto as Exhibit 5 is a true and correct copy of the letter dated February

5, 2008, to me from Jeffrey Kessler, counsel for Defendants. In addition to refusing to make a settlement counter-proposal as required by Judge Larson, Defendants failed to meaningfully participate in the settlement conference and caused it to conclude after only a few hours. 7. ttached hereto as Exhibit 6 is a true and correct copy of the letter dated January

28, 2008, to Jeffrey Kessler from me regarding settlement. 8. eposition ttached hereto as Exhibit 7 are true and correct copies of excerpts from the f Margaret Parrish, the 30(b)(6) representative of Retired Professional Football

Players for Justice, taken on March 5, 2008. (Filed under seal) 9. ttached hereto as Exhibit 8 are true and correct copies of excerpts from the

deposition of Herbert Adderley with errata, taken on February 20, 2008. 10. Attached hereto as Exhibit 9 is a true and correct copy of the letter (with exhibits)

26
27 28
MANATT, PHELPS & Pf}1LLIPs, LLP
A TTOAN EYS AT LAW PALO ALTO

dated March 12, 2008, to Jeffrey Kessler from me regarding Mr. Kessler's conduct at the deposition of Herbert Adderley.
KATZ DECL. ISO REPLY ISO MOTION FOR TO CLASS CERTIFICATION CASE NO. C07 0943 WHA

20199399.1

T A

2

T

Attached 11. hereto as
2 3 4 5 6 7 8_

Exhibit 10 are true

and correct copies of e-mail

communications sent to and from various third party individuals, none of whom are parties and all of whom have no direct involvement in this case. (Filed Under Seal) 12. Attached hereto as Exhibit 11 is a true and correct copy of the Order (1) Denying

Defendant's Motion for Judgment on the Pleadings; (2) Denying Defendant's Motion for Sanctions; (3) Denying Defendant's Motion for Transfer; and (4) Denying Plaintiffs' Motion to Appoint Interim Class Counsel, signed by Judge Alsup on June 4, 2007. _13. Attached hereto as Exhibit 12 _ is a true and correct copy of Defendants' Supplemental Responses and Objections to Plaintiffs' Amended Interrogatories dated February 27, 2008. (Filed under seal) 14. ttached hereto as Exhibit 13 is a true and correct copy of Players Ines Motion

9
10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MANATT, PHELPS & PHILLIP5, UP ATTONNGTs AT LTw
PALO ALTO

for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c), filed on April 4, 2007. 15. Attached hereto as Exhibit 14 is a true and correct copy of a letter from

Defendants' counsel dated March 31, 2008, and errata sheet regarding the deposition of Gene Upshaw taken on February 13, 2008. (Filed under seal) 16. he publicly available LM-2 Form filed in 2006 by the NFLPA states that over

$33 million was paid by Electronic Arts to Defendants in 2006 alone. 17. Plaintiffs have already deposed Doug Allen, former President of PLAYERS INC

and Vice-Chairman of the NFLPA, and Pat Allen, former Executive Vice President and Chief Operating Officer of PLAYERS INC, both of whom reside in California. Mr. Allen has submitted at least one declaration in support of Defendants in this matter. Plaintiffs expect both of these individuals to be critical trial witnesses.

20199398.1

KATZ DECL. ISO REPLY ISO MOTION FOR O CLASS CERTIFICATION CASE NO. CW 0943 WHA

3

T

I 2 3 4 5 6 7 8

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 and that this declaration was executed on April 4, 2008.
A/ Ronald S. Katz

Ronald S. Katz

9
10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MA3NATT, PHELPS & PHILLIPS, LLP
A 7TOSUtTs AT LAW
PAW ALTO

2019939&.1

KATZ DECL. ISO REPLY ISO MOTION FOR O CLASS CERTIFICATION CASE NO. C07 0943 WHA