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

I

V

SF

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Herbert Anthony Adderley
Page 1

1 2

N THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA AN FRANCISCO DIVISION
IVIL ACTION

3 BERNARD PAUL PARRISH, HERBERT ANTHONY 4 ADDERLEY, and WALTER ROBERTS, III, on

5 behalf of themselves and all others 6 similarly situated, Plaintiffs
7

V.
8

9 10 11 12
13

NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION; a Virginia Corporation and NATIONAL FOOTBALL LEAGUE PLAYERS, INC., : d / b /a PLAYERS, INC., a Virginia corporation:
Defendants

COPY O. C07-0943-WHA

14 15 16 17 18 19 20

ebruary 20, 2008 ideotape 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.

21 22 23 24 JOB NO. 200714

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Herbert Anthony Adderley
Page 20 1 signed an agreement and had been ignored 2 and not paid for it, so, the lawsuit was 3 about the same thing. So, he said go 4 ahead and do it. . kay. You say the lawsuit

5 is about the same thing. 7 id you review the

S complaints in this case before they were 9 filed?
0 . , bA^

ll

.

id you review any of the

12 complaints in this case before they were 13 filed? 4 . here would the complaints

15 come from? 5 17 18 . . . our lawyers.
kAb' o\^

&atft' -

o you know how many

19 complaints were filed in this case? 20 21 . . X16'· ^40 \ V^ ^^ 'P-K r. Adderley, so, did you

22 next contact Mr. Parrish about being in 23 this lawsuit? 24 . es, 1 did.

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Herbert Anthony Adderley Page 28
1 the 3500.

2 3 is?

.

o you know what the number

. 5 .

500. kay. Did anyone tell you

6 that your claim now is only for people 7 who have signed the same group licensing 8 form as you've signed? . 10 1 12 . . . es. id you know that? es. o you have any idea what

13 that number of players is?
4 . 500.

15 16 7 8 9 0 1 2

. .

ow do you know that, sir? y attorneys told me. R. KATZ- Well, I'm going

o instruct the. witness not to on't disclose communications you ad with your attorneys. HE WITNESS: All right. R. KATZ: Okay.

23 BY MR. KESSLER: 24 . et me,show you next --

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1 BY MR. KESSLER: 2' 3 this? A.
5

.

hen did you first read

read it on the Internet. n the Internet you read it? es.
kay. So, where on the

Q. A.
Q.

6

8 Internet did you find this? . 10 .. n Mr..Parrish's blog. o, this i s something you

11 found in Mr. Parrish's blog; correct? 2 13 . . eah. hen did you first read it

14 in his bldg? 5 . don't know the date or

16 time or when I read this. 17 . nd after you read it, did

18 you call Mr. Parrish about putting your 19 name on this? 0 21 2 . . . es. hat did you tell him? e-mailed him again and

23 asked him to stop putting my name on 24 documents without my permission, without

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Herbert Anthony Adderley Page 64
1 me seeing it. . ow many times did you have

3 to ask Mr. Parrish that?
. 5 . t least three or four. ll right. Looking at this

6 document that was on Mr. Parrish's blog, 7 in the bottom of the first page, it says 8 "They all must go." o you see that? 0 11 . . es. nd Mr. Parrish here was

12 writing in his blog, under your name, 13 that all the people at the NFLPA must go; 14 correct? 5 6 7 8 R. KATZ: Object. HE WITNESS: I don't know hat he's talking about when he aid they all.

19 BY MR. KESSLER: 20 . ell, if you read through.

21 this, you will see that he talks about 22 Mr. Upshaw, he talks about the Groom Law 23 Group, he talks about Tom Condon, he

24 talks about -- he talks about Paul

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Herbert Anthony AdderIey Page 71
hope that won't be the ase but I have no way of knowing, ince the production was just done his morning.
nd requests that have been utstanding for a very long period f time. 8 BY MR. KESSLER:

.

r. Adderley, you testified

10 earlier -- withdrawn..
1 n some of the a-mails we

12 looked at, that you wrote, you said the 13 reason you were bringing the lawsuit is 14 because you believed that you had signed 15 a group license agreement with Players, 16 Inc. and that you weren't getting the 17 money you were entitled to. Is that 18 true? 9 0 . es. R. KATZ: Object.

21 BY MR. KESSLER: 22 . ow, let me show you a copy

23 of the First Amended Complaint in this 24 case; which was filed on February 23rd,

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Herbert Anthony Adderley Page 81
1 . et me ask that back from 2 you, sir. And we'll get the redacted one 3 faxed to us so we can show you that. 4 ut let me just ask you now,

5 have you read -- before it was filed, did 6 you read a redacted version of this 7 complaint.
8 . 6. 0 0 ^ C^^ -

9 10

R. KATZ: Explain, redacted eans blacked out. Do you

11
12

nderstand that?
HE WITNESS: No, I didn't.

13 BY MR. KESSLER:

14

.

id you read any version of

15 this complaint before it was filed,
16 blacked out or not? 17 18 19 . . . es. es what? Explain, please. saw the complaint and it

20 was blacked out.

21
22

.
.

hen did you see it?
don't know. I guess a few

23 days after it was printed.

24

.

kay. So, after it was

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Herbert Anthony Adderley Page 82
1 filed in court?
. es. R. KATZ: Object. 4 BY MR. KESSLER:

5

.

o, nobody went over the

6 facts in the blacked out complaint with 7 you before it was filed; correct?
. . 0 1 . . o. That's correct, yes. o one did that? o. 'm going to put off asking

12 you about this until I get the redacted 13 one that's blacked out, because I don't 14 want to ask you things about that you 15 haven't seen.

16

o, we'll put that aside for

17 a second and go on to another subject. 18 r. Adderley, do you agree

19 that your rights to license your name and 20 image would be worth more than the rights 21 of an NFL player who was just a special 22 teams guy who played one year in the 23 league?
24 R. KATZ: Object.

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1 HE WITNESS: Yes. 2 BY MR. KESSLER:

.

kay. Do you agree that the

4 rights of someone like Joe Montana would 5 be worth more than the rights to your 6 name and image?
7 R. KATZ: Object. HE WITNESS: Yes. 9 BY MR. KESSLER: 0 . nd in fact, it's true,

11 isn't it, that every player in the NFL, 12 retired player, would have a different 13 value of rights for their name and image 14 based on what their careers were like and 15 how famous they were or not; right? 6 7 HE WITNESS: Yes. R. KATZ: Object.

18 BY MR. KESSLER:

9

.

nd do you agree that the

20 values could be very, very different 21 comparing, for example, Joe Montana to 22 that guy who only played one year on 23 special teams, it could be a huge 24 difference in value, right?

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Herbert Anthony Adderley

Page 84 1 2 3 BY MR. A. es. MR. KESSLER: ATZ: bject.

4

Q.

et me show you next the I'd like to show you a

5 following then.

6 copy of your -- a group licensing 7 authorization you signed in 2003; if we 8 can do that, please. 9
10

We'll mark that as 167.

11 12
13

(Whereupon,

the exhibit was

marked 167 for identification.)

14 BY MR. KESSLER:

15

.

r. Adderley, do you

16 recognize this as a group licensing 17 authorization that you signed?
18 . es.

19

.

his was not the first one

20 that you signed; correct?
21 . hat's correct.

22

.

ou first signed the group

23 licensing -- when was the first time you 24 remember signing a group licensing

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correct.. KESSLER:

2 BY MR.

3

Q.

hat never occurred to you

4 before this lawsuit; right?
5 6 7 8 BY MR. MR. ATZ: bject. That's

THE WITNESS: correct. KESSLER: .

Yeah. I want to take a look

10 at this GLA you signed.

11

nd, sir, when you read this

12 GLA that you signed, you believe you 13 understood what it meant; correct?
14

A.

Yes.

15

Q.

Okay.

And that would be

16 true of all the GLAs that you signed;

17 correct?
18 . es.

19

.

take it you read them

20 before signing it; you didn't just sign 21 your name to something without reading 22 it; right?
23

A.

Yes.

24

.

ow, in the last paragraph

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Herbert Anthony Adderley Page 91
1 of this document, which is 167, it says 2 "It is further understood that the monies 3 generated by such licensing of retired 4 player group rights will be divided."
5 6 A.

Do you see that?
es.

7

Q.

hen you read this, you

8 understood this was only talking about 9 money generated by licensing of retired
10 player rights;
11

correct?
MR. ATZ : bject.

12

THE WITNESS:

understood

13
14 15 BY MR.

it to mean all players,
retired players. KESSLER:

active and

16

.

kay. At the time you read

17 this document in 2002, it's your -- I'm 18 sorry -- in 2001, it's your sworn 19 testimony that you thought this referred
20 21 22 23 24

to the licensing of active player rights?
MR. KATZ: bject. o. sked and

THE WITNESS: MR. answered. KATZ:

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Herbert Anthony Adderley Page 100
1 answers in this document with anyone 2 before it was filed?
.

,

N9

d' 5 G.I.S^,-9A

R. KATZ: I'm goin to bject to that. 6 BY MR. KESSLER: . 8 Number 4. et me show you the Request

9

equest for Admission 4 says

10 that "admit that Adderley did not know
11 the specific terms of any GLA that he 12 signed that was in effect within the 13 statute of limitations until defendants 14 could do such GLAs to Adderley in this 15 action." 6 7 . o you see that, sir? es.

18

.

nd the answer your counsel

19 filed is "denied. 11
0 1 . o you see that? es.

22

.

lease tell me, prior to

23 filing this action, and receiving the 24 copies of the GLAs produced by defendants

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1 in this action, what specific terms of 2 the GLA did you know or remember?
. hat I signed the GLA, I

4 remember, and I was under the impression 5 that I would receive some compensation
6 for signing it.

7 8 used?

.

f I'm -- if your image was

. 0 .

f it was used. nd that's all that you knew

11 at the time? 2 3 . . es. et me direct your attention

14 next to Request Number 6. 5 equest Number 6 in the

16 response says that "Plaintiffs admit that 17 Adderley has licensed certain rights, 18 including but not limited to his name, to 19 the HOF" -- which is Hall of Fame -20 "within the statute of limitations." 1 2 . o you see that? es.

23

.

nd you did license your

24 image to the Hall of Fame within the

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Herbert Anthony Adderley Page 136
1 are seeking damages in this case?
2

A.

es.

.
4 sir? 5

ow have you been damaged,

MR. KATZ: Object. THE WITNESS: By not

7

receiving any compensation from the group licensing agreement; the
ast one that I signed, that said hat there have been escrow

8

9 0

1 2 3

ccounts set aside and to be hared with retired players, ncluded.

14 BY MR. KESSLER: 5 . ther than the Reebok

16 program, do you know of any program where 17 your rights were utilized that you didn't 18 get paid for?
19 0 . o. R. KATZ: Object.

21 BY MR. KESSLER: 2 . o, can you identify any

23 other specific program that damaged you, 24 other than the Reebok program?

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Herbert Anthony Adderley Page 179
1 case?

. 3 .

es. kay. And did you have

4 did an individual come to your home to 5 search your computer for this case? . 7 . es, he did. nd that -- all that

8 material was produced to your attorneys?
. 10 it was for. es. Or he said that's what

11

.

kay. But he did come and

12 deal with your computer? 3 . e downloaded whatever he

14 had to do, yes. 15 . nd on your computer, you

16 don't have the ability to download
17 attachments; is that correct? 8 . hat's correct.

19

.

o, when I send you an

20 attachment, usually I send you by mail.or 21 by Fed Ex? 2 3 . . es. ou've received all the

24 documents i n this case, as far as you

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1 know? . 3 . s far as I know, yes. o you have an

4 understanding, sir, of your duties as a 5 class representative? . . 8 those are? . s a class representative, I es. nd can you tell us what

10 got to get the best deal that I can for 11 the class. 12 . n what area of endeavor?

13 on what subject? 4 5 6 7 8 . . . n compensation. n the licensing? n the licensing. R. KESSLER: Objection. eading.

19 BY MR. KATZ: 20 . nd you have also been an

21 advocate for retired players for 22 pensions; is that right?
23

A. .

es. nd what, if anything, does

24

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Herbert Anthony Adderley

Page 187
. es, I did.

. 3 president?
. 5 . .

nd have you remained

o-president. r co-president? es.

.

nd you still remain

8 co-president today?
. 10 . es. nd you're going to continue

11 as co - president? 2 13 4 15 . . . . don't know. mean you haven't resigned? o, I haven't resigned. nd are you willingly the

16 co-president today? 7 18 . . es. ave you ever done anything

19 just because Mr. Parrish told you to do 20 it? 21 22 . . o. ooking at 159 again you say

23 "I realize that it i s not about Bernie or 24 any i ndividual, including me, because I

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1 worth of merchandise to shut him up. 2 . nd why did you feel it was

3 embarrassing and humiliating? 4 . ecause of the way I was

5 treated. And I'm talking about not 6 getting a return call or e-mail message 7 or whatever, an acknowledgement of why I 8 hadn't received anything or heard 9 anything. I was told that I would 10 receive samples of everything that was in 11 the agreement from Reebok and they told 12 me that they didn't have anything to do 13 with that, that Reebok would send me the 14 samples and they never gave me a person 15 to get in touch with to find out what 16 happened. 17 o, in other words, got

18 the run-around. 19 about it. 20 Q.

That's the way I felt

ooking again at Exhibit

21 159, that 's in front of you, sir. 22 It says, just reading along,

23 where I left off, it says "We will need 24 everyone's support during this tough

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Herbert Anthony Adderley Page 194
1 battle with Players, Inc." 2 o, you were seeking the i s that correct?

3 support of other people;
4

A. Q. A.

Yes. And why were you doing that? Because I figured I wasn't

5 6

7 the only one that was treated that way, 8 as far as a signed agreement and not 9 being acknowledged. 10 nd I was hoping that other

11 players who had those type agreements 12 would step forward and come out with 13 them. And a few of them did but they 14 didn't send me any paperwork. They just 15 said, yeah, we have signed agreements 16 that we haven't been acknowledged for. 17 . nd whose decision was it to

18 send out this e-mail that I've just been 19 reading from?
20

A. .

ine. hen it says "If Players,

21

22 Inc. continued to boast about 23 representing us, don 't you think that we 24 should be compensated?"

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1 2 sir? . hey boast about in the hat did you mean by that,

4 retirement directory and GLA agreements, 5 that all retired players, they represent, 5 all retired players. 7 . o the best of your

8 knowledge sir, have you ever received 9 any payments as a result of having signed 10 the GLA, that Mr. Kessler showed you 11 before, the two GLAs? 2 13 . . o. nd do you believe that you

14 should be compensated? 5 16 7 . . . es. n what basis? oing by what the GLA

18 states, that there would be, you know, 19 money set aside in the escrow account 20 that would be divided equally among the 21 players, retired players. 22 . kay. And in that sort of

23 division, does Joe Montana's share have 24 any more value than the third string

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Herbert Anthony Adderley Page 196
1 quarter back of the 49ers?
2

A. .

o. hy is that? ecause it says equally

4

A.

5 divided. Q.
7

kay. oesn't say anything about

A.

8 who is best or who is the best. 9 . ow, have you received any

10 response to this e-mail that you sent 11 out, Exhibit 159? . 2 13 . . o. Not paper-wise, no. ut have you received j ust phone calls? es. nd were those phone calls Not supportive? They were supportive. Did you get -- what idea, if

14 responses, 5 16
17 18 19 20

. . supportive? A. Q.

any, did you get from these phone calls,

21 whether others were dissatisfied with 22 their licensing payments? 23 . ell, when they contacted

24 me, I thought maybe they would send

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Herbert Anthony Adderley
Page 197 1 either me or Bernie the agreements that 2 they had, so, we could forward them on to 3 attorneys, to take a look at the same 4 type of agreement that I had. R. KATZ: Can you read that ack, please.

8

Whereupon, the following ortion of the record was read by

0 1 2 3 4 5 6 7 8 19

he court reporter: ANSWER: Well, when they ontacted me, I thought maybe they ould send either me or Bernie the greements that they had, so, we ould forward them on to ttorneys, to take a look at the ame type of agreement that I ad.

20 BY MR. KATZ: 1 . nd what observation have if any,

22 you made over the years, sir,

23 about whether retired professional 24 football players are very good record

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1 . f you look at Interrogatory they are asking you to i dentify 2 Number 1,

3 all attempts made by you within the
4 statute of limitations; you understand 5 that to be since February 14th, 2003? . es.

7

.

o license your image. And

8 you have made such attempts; haven't you, 9 sir?
0 1 . . es. kay. So, the first one

12 that you give in your response, if we 13 look at Lines 21 to 23, is you license 14 your image to the NFLPA; isn't that

15 right?
6 . es.

7

.

nd then you say that you

18 licensed your image to Upper Deck 19 Company;
20

is that right?
Yes.

A.

21

Q.

And was that true the
nc.? Yes.

22 Players, 23 A.

24

Q.

And was that something

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1 called an ad hoc agreement? . . es. hat is your understanding

4 of an ad hoc agreement, sir? 5 . hat it's individual emotion

6 and agreement with nothing to do with the 7 GLA. . nd can you tell us your

9 understanding of how it's different from 10 a GLA? 1 . ell, they solicit me as an

12 individual to do a promotion and I was 13 paid to do the promotion. 4 . o you believe that those

15 monies should be shared with anyone else 16 when you make an ad hoc agreement? 7 8 9 . . . o. hy not? ecause it's ad hoc and an

20 individual. 1 . t says, the next thing says

22 you entered into a license agreement with 23 Players, Inc. with regard to Reebok. 4 as that an ad hoc

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1 agreement? 2 3 . . es. hen it says, the next

4 paragraph, it says."Adderley has also 5 licensed certain rights to the Hall of 6 Fame." 7 8 9 A. Q. Is that correct? Yes. And when you licensed your

10 image to the Hall of Fame, did that have 11 anything to do with Players, Inc. as far 12 as you know? 13 14 A. Q. As far as I know, o.

And was that something that

15 you did in competition with Players,
16 17 nc.?

A. ime. Q.

I didn't think so at the

18 19

Does Players, Inc. also

20 license your image? 21 22 23 24 A. Q. A. Q. Yes. And you license your image? Yes. So, is that since is it

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. 2 . es. Bruce, I have no intent

3 whatever to profit from this lawsuit, our 4 representation of the retired 3500 5 players." o you agree with that, sir? . 8 . es. o you have any intent to

9 profit from this lawsuit?
0

A. .

o. o you have any intent other

1

12 than to receive an award if the court 13 decides one is due you?
4

A. .

o. et' s look at 167 and 158

5

16 and you testified that those are the GLAs 17 that you signed on May 1st, 2001 and 18 November 22nd, 2002; is that correct, 19 sir? 0 1 . . es. ' d like also to refer you

22 to the responses to Interrogatories; 23 which were -- let's put those aside. 4 . 76.

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. 2 received that?
3

nd you don't know that you

A. .

orrect. 'd like you to look next at Parrish.

5 166. This was the blog by Mr.

6 Your counsel asked you some questions 7 about this; do you recall that?
8

A. .

es. ow, did you agree with

9

10 everything Mr. Parrish wrote in his blog? 1 2 3 R. KATZ: Object. HE WITNESS: Did I agree ith everything he wrote in here?

14 BY MR. KESSLER: 15 6 7 8 . es. R. KATZ: Object. HE WITNESS: I don't agree ith everything he said, no.

19 BY MR. KESSLER: 20 . kay. Let me refer you to

21 the back page of this blog. The middle 22 paragraph. He says "They know I'll never 23 make a deal with them and any offer they 24 attempt will be on the front page of the

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Page 254 1 New York Times, too." o you see that? . 4 . es. ou knew Mr. Parrish said

5 that; correct.? . 7 8 right? . 10 1 12 . . . o, I didn't agree with ou don't agree with that? o. kay. Did you tell . es. nd you agreed with that;

13 Mr. Parrish you don't agree with that? 4 . o. I didn't discuss this

15 with Mr. Parrish. 16 . kay. And why don't you

17 agree with that? 8 . ecause I had nothing to do

19 with it. And it doesn't make sense to 20 me. 21 . e says "I intend to give
t

22 Upshaw and his cronies what they deserve 23 for the pain and suffering they've 24 inflicted on our brothers and their

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1 families." 2 3 4 . . o you agree with that? es. et me show you next a copy

5 of Exhibit 167; if you take a look at 6 this, please. 7 ow, you testified when your

8 counsel asked that the reason you thought 9 that you were entitled to an equal 10 royalty, or an equal share was because it 11 said something in the GLA about dividing 12 the money equally? 13 R. KATZ: Object.

14 BY MR. KESSLER: 15 16 sir? 17 18 R. KATZ: Object. HE WITNESS: Yes. . as that your testimony,

19 BY MR. KESSLER: 20 . kay. Would you show me

21 where the word equally or anything like 22 that appears in this document? 23 24 R. KATZ: Object. HE WITNESS: Equally is not

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Page 256
1 n here. 2 BY MR. KESSLER: 3 . t says "Any group licensing

4 contract entered into with an 5 individual" -- I'm sorry. It says "It is further 7 understood that the monies generated by 8 such licensing of retired player group 9 rights will be divided between the player 10 and an escrow account for all eligible 11 NFLPA members;" correct?
12

A. .

orrect. here's nothing in the GLA

13

14 that talks about how it will be divided 15 among any players; right? 16 17 18 t. R. KATZ: Object. HE WITNESS: You just read

19 BY MR. KESSLER: 20 . s there anything in there

21 that says how it will be divided or what 22 portions? 23 24 . o. R. KATZ: Objection.

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( 1

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T

Herbert Anthony Adderley Page 320 1 2 3 hereby certify that the ERTIFICATE

4 proceedings and evidence noted are 5 contained fully and accurately in the 6 notes taken by me on the deposition of 7 the above matter, and that this is a 8 correct transcript of the same.
9 10 11 12 13 14

15 16 17 18

eresa M. Beaver, RPR

The foregoing certification of

19 this transcript does not apply to any 20 reproduction of the same by any means, 21 unless under the direct control and/or 22 supervision of the certifying shorthand 23 reporter.)
24

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