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)

Exhibit 6 to the Declaration of Ronald Katz in Further Support of Plaintiffs' Motion for Class Certification

J

R

B

a

w

m

manatt
manatt phelps I phillips

Ronald S. Katz M2natt, Phelps & Phillips, LLP
Direct Dial-. [phone], Cxt_ 1346 E-mail: [e-mail]

January 29, 2008

Client-7,Watter: 29749-060

BY E-Ib7 AIL & FAC,SIINTTLE

cffrey Kessler, Esq. Dewey & LeBoeltf LLP 1301 Avenue of the Americas New York,W 10019-6092 Re: ernard Paid Parrish, et al. v. National Football League Players Association and Players Inc, Case No. C07-0943 WFIA

Dear Mr. Kessler This is the demand letter required by paragraph 7 of Judge Larson's October 19, 2007 Settlement Conference Order. The theories for recovery and the supporting facts have been set out in Plaintiffs' naotion for leave to file a Third Amended Complaint, ivhicb Judge Alsup granted. This communication and all related communications are subject to all of the protections afforded by the law to settlement communications. Re darnages, for the Retired Member Class represented by Mr. Parrish, the theory is straightforward: $50 plus interest for each year of dues paid by the class members since February 14, 2003, Because of Defendants' delay tactics, we do not yet have the number of members in fhe class, but you know that number. When you let us know it, we will quantify this claim. To show good faith, we have recorna-rtcudcd to Mr. Parrish not to consider punitive damages at this juncture, even though we believe an a,^-ard of such damages is well within the Yeahn of possibility. e the GLA Class represented by Mr. Adderley, based on the incomplete discovery to date, our current best estimate, which is su icct to change as we obtain more facts and expert hich includes input, is that that claim approximates REDACTED From that we would be willing to recommend to N'ir- Adderley that the GLA Class settle for ore in fees likely which represents a deduction cRhe appro-innately s a show of good faith. As a further showing of to be expended in this case plus

1001 Page Mill Road, Building 2, Palo NO, California 94304-1006 Tetephcne: 650.812.1300 Fax: [phone] Albany I ? os Angeles I New York l Orange County I Palo Aifo I Sacramento ^ San F.rancisco I Washington, D.C.

L

'

manatt
rnana" I phetps ^ phillps

Jeffrey Kessler, Esq. 29, 2008 Page
January

goad f^}ith .^-e ^^ anJd neconrmend to Mr. Adder.ley not to consider punitive damages at this point, even though we b.-Heve.. that the atv,at-d of such damages is well within the realm of possibility. A.Itho^ gh zvc are prepared to reconimend Vne above to _NIr, Adderley, we have not yet done so because doing so risks disclosing infom-iation to him that y012 have designated to be confidential from him. Please advise if you wi I.t permit us to make this recommendation to hint: .. in order to facilitate the scttlement process.

Vc y tl llj yours, A

RSK:krnr cc: ewis LeClair, Esq.

2019S936J"