Parrish et al v. National Football League Players Incorporated

Filing 289

STIPULATION AND ORDER REVISING CLASS DEFINITION AND CLASS NOTICE. Signed by Judge Alsup on June 9, 2008. (whalc1, COURT STAFF) (Filed on 6/9/2008)

Parrish et al v. National Football League Players Incorporated

Doc. 289

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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW PALO A L T O

MANATT, PHELPS & PHILLIPS, LLP RONALD S. KATZ (Bar No. CA 085713) E-mail: [e-mail] RYAN S. HILBERT (Bar No. CA 210549) E-mail: [e-mail] NOEL S. COHEN (Bar No. CA 219645) E-mail: [e-mail] 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Tel: [phone]; Fax: [phone] Attorneys for Plaintiffs. DEWEY & LEBOEUF LLP MARK MALIN (Bar No. 199757) [e-mail] 1950 University Avenue, Suite 500 East Palo Alto, CA 94303 Tel: [phone]; Fax: [phone] JEFFREY L. KESSLER (pro hac vice) [e-mail] DAVID G. FEHER (pro hac vice) [e-mail] 1301 Avenue of the Americas New York, NY 10019-6092 Tel: [phone]; Fax: [phone] Attorneys for Defendants

MCKOOL SMITH, LEWIS T. LECLAIR (Bar No. CA 077136) E-mail: [e-mail] JILL NAYLOR(Bar No. CA 150783) E-mail: [e-mail] 300 Crescent Court Dallas, TX 75201 Tel: [phone]; Fax: [phone]

WEIL, GOTSHAL & MANGES LLP KENNETH L. STEINTHAL (pro hac vice) [e-mail] 201 Redwood Shores Parkway Redwood Shores, CA 94065 Tel: [phone]; Fax: [phone] BRUCE S. MEYER (pro hac vice) [e-mail] 767 Fifth Avenue New York, NY 10153 Tel: [phone]; Fax: [phone]

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.
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CIVIL ACTION NO. C07 0943 WHA

STIPULATION AND [PROPOSED] ORDER REVISING CLASS DEFINITION AND CLASS NOTICE

[PROPOSED] ORDER GRANTING CLASS CERTIFICATION CASE NO. C07 0943 WHA

Dockets.Justia.com

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Plaintiffs Bernard Paul Parrish, Herbert Anthony Adderley, and Walter Roberts III, on behalf of themselves and all others similarly situated, (collectively, "Plaintiffs"), and Defendants National Football League Players Association ("NFLPA") and National Football League Players Incorporated d/b/a Players Inc ("Players Inc") (collectively, "Defendants") hereby file this Joint Stipulation to revise the definition of the class certified in the Court's April 29, 2008 Order Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification and the Class Notice. JOINT STIPULATION WHEREAS, in its Order dated April 29, 2008 Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification, this Court certified a class comprised of "[a]ll retired NFL players who signed GLAs with the NFLPA that were in effect between February 13, 2003 and February 14, 2007"; WHEREAS, Defendants have objected to this class definition on the grounds that it is broader than the class definition proposed by Plaintiffs because it is not limited to GLAs containing language identical or substantially similar to that found in the Adderley GLAs; IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES HERETO, through their respective counsel, that the class definition should be revised to the following: All retired NFL players who executed a group licensing authorization form ("GLA") with the NFLPA that was in effect at any time between February 14, 2003 and February 14, 2007 and which contains the following language: "[T]he moneys generated by such licensing of retired player group rights will be divided between the player and an escrow account for all eligible NFLPA members who have signed a group licensing authorization form." The parties also request that the Court approve a revised Class Notice reflecting this change, attached hereto as Exhibit "1".

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STIPULATION AND [PROPOSED] ORDER REVISING CLASS DEFINITION CASE NO. C07 0943 WHA

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Dated:

June 6, 2008

MANATT, PHELPS & PHILLIPS, LLP By: /s/ Ryan S. Hilbert Ryan S. Hilbert 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

Dated:

June 6, 2008

DEWEY & LEBOEUF LLP

By: /s/ David Greenspan David Greenspan (pro hac vice) 1301 Avenue of the Americas New York, NY 10019-6092 Tel: [phone]; Fax: [phone] Attorneys for Defendants Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Ryan S. Hilbert hereby attests that concurrence in the filing of this document has been obtained.

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STIPULATION AND [PROPOSED] ORDER REVISING CLASS DEFINITION CASE NO. C07 0943 WHA

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[PROPOSED] ORDER Pursuant to the Joint Stipulation above, it is hereby ORDERED that the class definition certified in the April 29, 2008 Order Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification is revised as follows:

All retired NFL players who executed a group licensing authorization form ("GLA") with the NFLPA that was in effect at any time between February 14, 2003 and February 14, 2007 and which contains the following language: "[T]he moneys generated by such licensing of retired player group rights will be divided between the player and an escrow account for all eligible NFLPA members who have signed a group licensing authorization form."

IT IS FURTHER ORDERED that the parties form of Class Notice attached as Exhibit 1 is approved.

UNIT ED

IT IS SO ORDERED.

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HON. WILLIAM H. ALSUP ER C N United StatesIDistrict FCourt Judge D TO
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