Parrish et al v. National Football League Players Incorporated

Filing 344

Declaration of JEFFREY KESSLER in Support of 343 Letter Brief DEFENDANTS REPLY LETTER BRIEF filed byNational Football League Players Incorporated, National Football League Players Association. (Attachments: # 1 Exhibit EXHIBIT 1 MANUAL FILING NOTICE, # 2 Exhibit EXHIBIT 2 MANUAL FILING NOTICE, # 3 Exhibit EXHIBIT 3 MANUAL FILING NOTICE, # 4 Exhibit EXHIBIT 4 MANUAL FILING NOTICE, # 5 Exhibit EXHIBIT 5, # 6 Exhibit EXHIBIT 6 MANUAL FILING NOTICE, # 7 Exhibit EXHIBIT 7 MANUAL FILING NOTICE, # 8 Exhibit EXHIBIT 8, # 9 Exhibit EXHIBIT 9 MANUAL FILING NOTICE, # 10 Exhibit EXHIBIT 10, # 11 Exhibit EXHIBIT 11, # 12 Exhibit EXHIBIT 12, # 13 Exhibit EXHIBIT 13, # 14 Exhibit EXHIBIT 14, # 15 Exhibit EXHIBIT 15, # 16 Exhibit EXHIBIT 16, # 17 Exhibit EXHIBIT 17 MANUAL FILING NOTICE, # 18 Exhibit EXHIBIT 18, # 19 Exhibit EXHIBIT 19 MANUAL FILING NOTICE)(Related document(s) 343 ) (Padnos, Todd) (Filed on 8/1/2008)

EXHIBIT 12

Case No. C 07 0943 WHA Parrish v. National Football League Players Association, et al.

ASE

307CV00943WHA

DOCUMENT 123

FILED

08292007

PAGE

OF

MANATT
RONALD
EMAIL

PHELPS

PHILLIPS

LLP

KATZ BAR NO CA 085713
CALIFORNIA

RKATZMANATTCOM

RYAN
EMAIL

HILBERT

BAR BAR

NO 210549

RHILBERTMANATTCOM

NOEL
EMAIL
1001

COHEN CALIFORNIA
NCOHENMANATTCOM

NO 219645

PAGE MILL ROAD BUILDING PALO ALTO CA 943041006 TELEPHONE [phone]
FACSIMILE

650 2130260
LECLAIR
BAR

MCKOOL SMITH PC
LEWIS EMAIL
JILL

NO CA 077136

ADLER BAR NO CA TX
75201

EMAIL
10

LLECLAIRMCKOOLSMITHCOM 150783 JADLERMCKOOLSMITHCOM

300 CRESCENT COURT
DALLAS

TELEPHONE
11

214 9784984
2149784044

FACSIMILE

12

ATTORNEYS FOR PLAINT FFS

13

14

UNITED STATES DISTRICT

COURT

15

NORTHERN DISTRICT
SAN FRANCISCO DIVISION

16
17

18

BERNARD PAUL PARRISH HERBERT ANTHONY ADDERLEY AND WALTER
ROBERTS
ALL

CIVIL

ACTION

NO C07

0943

WHA

19

III

ON BEHALF OF THEMSELVES AND
SITUATED

OTHERS

SIMILARLY

20
PLAINTIFFS

ORDER REGARDING PLAINTIFFS
DISCOVERY MOTION

21

VS
22

23

24
25 26 27 28
MANAL
PHIL
AL

NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION VIRGINIA CORPORATION AND NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED DBA PLAYERS 1NC VIRGINIA
CORPORATION

DATE

FRIDAY

AUGUST 172007

TIME
JUDGE

130

PM
WILLIAM ALSUP

HONORABLE

DEFENDANTS

PHELPS
LI AL

IP LU

LAW

ORIER REGARDING PLAINTIFFS DISCOVERY MOTION CASE NO 070943 WIIA

AL 10

ASE

307CV00943WHA

DOCUMENT 123

FILED

08292007

PAGE

OF

ON AUGUST 10 2007
WALTER ROBERTS
III

PLAINTIFFS

BERNARD PAUL PARRISH
FILED
LETTER

HERBERT ANTHONY ADDERLEY AND

COLLECTIVELY

PLAINTIFFS

BRIEF

DISCOVERY MOTION

IN

WHICH

THEY REQUESTED THAT THE COURT ORDER DEFENDANT

NATIONAL FOOTBALL

LEAGUE PLAYERS INCORPORATED
TO PLAINTIFFS
FIRST

DBA PLAYERS INC
REQUESTS

TO PRODUCE CERTAIN

DOCUMENT IN RESPONSE
FILED LETTER BRIEF

SET OF

DOCUMENT

ON AUGUST 15 2007

DEFENDANT

OPPOSING

PLAINTIFFS

DISCOVERY
LETTER

MOTION AND REQUESTING
BRIEFS

PROTECTIVE

ORDER LIMITING
IN

DISCOVERY

ORAL ARGUMENT ON THE PARTIES

WAS HELD ON AUGUST 17 2007 HAVING CONSIDERED

THE ABOVEREFERENCED

COURT
LETTER

THE PARTIES

LETTER BRIEFS

AND THE ORAL ARGUMENT ON THE

BRIEFS THE

COURT HEREBY ORDERS
10

AS FOLLOWS

IT

IS

HEREBY ORDERED THAT
BY NO
LATER THAN

TO THE

EXTENT

NOT ALREADY PRODUCED
THE FOLLOWING

PLAYERS INC

WILL

11

PRODUCE TO PLAINTIFFS

AUGUST

29 2007
14 2003
PLAYERS

DOCUMENTS

12

ALL AGREEMENTS FROM FEBRUARY
THE NATIONAL FOOTBALL

ENTERED INTO BETWEEN

PLAYERS INC

OR

13

LEAGUE

ASSOCIATION

AND ANY LICENSEE

THAT PROVIDE

FOR

14
15

THE LICENSING

OF ANY RETIRED

NFL

PLAYERS

RIGHTS AGREEMENTS FROM FEBRUARY

ALL INDIVIDUAL
TO

AD HOC LICENSING
RETIRED

OR MARKETING

14

2003

16 17

WHICH ANY

NFL

PLAYER

IS

PARTY
TO

ALL

GLAS

FROM FEBRUARY

14 2003

WHICH ANY
TO

RETIRED

NFL

PLAYER

IS

PARTY

18

DOCUMENTS FROM FEBRUARY 14 2003 BY
LICENSEES TO

SUFFICIENT

SHOW ANY AND ALL PAYMENTS MADE
THE RIGHTS

19 20
21

PLAYERS INC

WITH RESPECT

TO LICENSING

OF ANY RETIRED

NFL

PLAYER
SUFFICIENT TO

DOCUMENTS FROM FEBRUARY 14 2003 BY

SHOW ANY AND ALL PAYMENTS MADE
TO LICENSING THE RIGHTS OF

22 23

PLAYERS INC NFL

TO

ANY

RETIRED

NFL

PLAYER WITH RESPECT

ANY RETIRED

PLAYER

AND
SUFFICIENT TO

24
25 26 27 28 MANAYI PHELPS
LLP PHILLIPS AITORNFASAI LAW PALO ALRO

DOCUMENTS FROM FEBRUARY 14 2003

SHOW ANY

TRANSACTIONS

IN

WHICH

PLAYERS INC

RETAINED

OR RETAINS

PORTION OF THE PAYMENT MADE BY WITH THE LICENSING
TO RIGHTS

LICENSEE

EG
RETIRED

AS AN ADMINISTRATIVE

FEE

IN CONNECTION

OF ANY

NFL
BY

PLAYER

INCLUDING

DOCUMENTS

SUFFICIENT

SHOW

THE

AMOUNTS THAT WERE

RETAINED

PLAYERS INC
ORDER REGARDING PLAIN
FIFES

DISCOVERY MOTION CASE NO 070943 WHA

ASE

307CV00943WHA

DOCUMENT 123

FILED

08292007

PAGE

OF

IT

IS

HEREBY FURTHER ORDERED THAT PLAYERS INC
29 2007
TO THE THE

WILL

PRODUCE TO PLAINTIFFS

BY

NO LATER THAN AUGUST

FOLLOWING AGREEMENTS WITH THE TOPPS

WITH
ELECTRONIC

RESPECT

LICENSING

COMPANY TOPPS
TO

AND

ARTS

EA

FROM FEBRUARY

14 2003 DOCUMENTS SUFFICIENT
THAT WERE PAID TO

SHOW THE FLOW OF ANY
SPECIFICALLY IN

FUNDS PAID BY TOPPS AND CONSIDERATION

EA

TO

PLAYERS INC NFL

PLAYERS INC

FOR THE LICENSING

OF RETIRED

PLAYERS

RIGHTS

EG PURSUANT

TO AN INDIVIDUAL

AD

HOC AGREEMENT
IT
IS

HEREBY FURTHER ORDERED THAT PROPOSAL
WITH
RESPECT TO THE LICENSING

PLAINTIFFS
10
11

AGREEMENTS WITH TOPPS AND

EA

FROM FEBRUARY
SUFFICIENT

14 2003 PLAYERS INC
TO TRACE THE

WILL

PRODUCE BY NO LATER THAN SEPTEMBER

2007
THAT

DOCUMENTS

FLOW OF THOSE FUNDS FROM TOPPS AND
SPECIFICALLY FOR ACTIVE

EA

TO

PLAYERS INC
SPECIFICALLY

12

PLAYERS INC
RETIRED

DID NOT EARMARK

NFL

PLAYERS

OR

FOR

13

NFL

PLAYERS

OR
WITH
RESPECT TO THE LICENSING

14
15

PLAYERS INCS PROPOSAL
AND

AGREEMENTS WITH TOPPS
LATER THAN AUGUST

EA

FROM FEBRUARY 14 2003
TO

PLAYERS INC

WILL PRODUCE

BY NO

29 2007
THAT

16
17

DOCUMENTS SUFFICIENT WERE NOT PAID
PLAYERS
TO

SHOW THE FLOW OF ANY FUNDS PAID BY TOPPS AND
SPECIFICALLY IN

LA

TO

PLAYERS INC
OF ACTIVE

PLAYERS INC
SPECIFICALLY IN

CONSIDERATION

FOR THE LICENSING

NFL
RIGHTS

18

RIGHTS OR

CONSIDERATION FOR THE LICENSING

OF RETIRED

NFL

PLAYERS

19 20 21

EG PURSUANT
IT
TO LOCATE IS

TO AN INDIVIDUAL

AD HOC AGREEMENT
SHALL

HEREBY FURTHER ORDERED THAT PLAYERS INC
ALL

MAKE GOOD FAITH

EFFORTS

AND PRODUCE

DOCUMENTS THAT

ARE RESPONSIVE

TO THIS

ORDER INCLUDING
ACTIVE

GLAS
WHO

AND

AD

22 23 24 25 26 27 28 MANAIT
PHILLIPA PHELPS

HOC AGREEMENTS FROM FEBRUARY 14 2003
SUBSEQUENTLY RETIRED BEFORE THE EXPIRATION

THAT WERE SIGNED

BY

NFL

PLAYERS

OF SUCH

GLAS

OR

AD HOC AGREEMENTS

LLP
AL AL

ALLORN
PAL

LAW

ORDER REGRDING PLAINTWFS DISCOVERY MOTION CASE NO 07 0943 WHA

ASE

307CV00943WHA

DOCUMENT 123

FILED

08292007

PAGE

OF

IT IS

HEREBY FURTHER ORDERED THAT
IS

ALL

FURTHER

RELIEF SOUGHT BY PLAINTIFFS

IN

THEIR

DISCOVERY IT

MOTION
IS

DENIED

WITHOUT PREJUDICE

SO ORDERED

DATED

2007
HONORABLE WILLIAM
STATES

ALSUP
DISTRICT

JUDGE UNITED

COURT

10

APPROVED AS
11

TO FORM

12

DATED

AUGUST 29 2007

DEWEY BALLANTINE
BY SEAMON OKELLY

LLP

13

EAMON OKELIY PRO HAC
14
15

DEWEY BALLANTINE
1301

VICE

LLP

AVENUE OF

THE

NEW YORK NY
TEL

AMERICAS 100196092

212 2598000

FAX

212 2596333

16

17

ATTORNEYS FOR DEFENDANTS FILERS ATTESTATION PURSUANT TO GENERAL ORDER NO 45 SECTION REGARDING SIGNATURES RONALD KATZ HEREBY ATTESTS THAT CONCURRENCE IN THE FILING OF THIS DOCUMENT HAS BEEN OBTAINED

XB

18

19
201869616

20
21 22 23

24
25

26 27
28

MANAT
AL

PHELPS
LI

PHIL LIPS IIIKLL LUL

RDFR

REGARDING

P1

ALL AL

AIM 1FFS DISCOVERY MOTION CASE NO 07 0943 WIIA