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 16

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

PAGE

BERNARD PARRISH

CONFIDENTIAL
IN

THE UNITED

STATES

DISTRICT

COURT

FOR THE NORTHERN DISTRICT SAN FRANCISCO BERNARD PAUL PARRISH HERBERT ANTHONY ADDERLEY AND WALTER ROBERTS
ON BEHALF OF

OF CALIFORNIA

DIVISION

III

THEMSELVES

AND ALL

OTHERS SIMILARLY

SITUATED PLAINTIFFS
CIVIL ACTION

NO C070943WHA

NATIONAL PLAYERS
10

FOOTBALL

LEAGUE

ASSOCIATION
CORPORATION FOOTBALL AND

VIRGINIA NATIONAL

PLAYERS

11

INC

DBA

PLAYERS

INC

VIRGINIA
12

CORPORATION DEFENDANTS

13 14 15 16 17 18 19 20

VIDEOTAPED

DEPOSITION

OF BERNARD PAUL PARRISH

THURSDAY MARCH 13

2008

21
22

REPORTED JOB

BY

LORI

GOODIN MACKENZIE

RPRCLR

NO

200716

ESQUIRE

DEPOSITION
18009449454

SERVICES

PAGE

BERNARD PARRISH

CONFIDENTIAL
THE PARRISH

DEPOSITION

OF BERNARD PAUL

WAS CONVENED ON THURSDAY

MARCH 13
OFFICES

2008

COMMENCING AT LEBOEUF BEFORE LORI
PROFESSIONAL 975

916

AM
STREET

AT THE

OF DEWEY

NW WASHINGTON DC
REGISTERED
LIVENOTE THE STATE OF

GOODIN MACKENZIE REPORTER

CERTIFIED
FOR

REPORTER

AND NOTARY PUBLIC

MARYLAND

10 11 12 13 14 15 16 17 18 19 20 21 22

ESQUIRE DEPOSITION
18009449454

SERVICES

PAGE

BERNARD PARRISH

CONFIDENTIAL APPEARANCES

FOR PLAINTIFFS RONALD

KATZ
PHELPS

ESQUIRE

MANATT
1001 PALO

PHILLIPS

LLP

PAGE MILL

ROAD BUILDING
94304

ALTO

CALIFORNIA

6508121346
RKATZRNANATT
10 11
12 13
CORN

AND NOEL

COHEN ESQUIRE
PHELPS

MANATT
11355

PHILLIPS

LLP

14 15
16 17 18 19

WEST OLYMPIC

BOULEVARD
90064

LOS ANGELES

CALIFORNIA

3103124388
NCOHENMANATT
CORN

20 21
22

ESQUIRE DEPOSITION
18009449454

SERVICES

PAGE

BERNARD PARRISH

CONFIDENTIAL APPEARANCES

CONTINUED

FOR DEFENDANTS JEFFREY ROY TAUB DEWEY
1301

KESSLER
ESQUIRE LEBOEUF
THE

ESQUIRE

AVENUE OF

AMERICAS

NEW YORK NEW YORK

100196092

2122597394
10 11 12 13 14 15 16 17 18 19 20 21 22

JKESSLERDLCOM RTAUBDLCOM

ALSO PRESENT

TJ

OTOOLE VIDEOGRAPHER

ESQUIRE DEPOSITION
18009449454

SERVICES

PAGE 197

BERNARD PARRISH

CONFIDENTIAL
THAT TOLD

REALLY

ISNT
SAID

YOU KNOW
DO YOU HAVE ANY

THEM ABOUT

THE

SUIT

SPECIFICS

WITH REGARD TO THE PLAYERS

LICENSING
OR

WITH
AND

REGARD TO THE
HERB

INC

AND

HAD THE MOST INTEREST
DIRECT

AND THE MOST SPECIFIC
HE HAD BEEN

INFORMATION INVOLVED

INFORMATION

IN
DISCUSSED
IT

WITH

SAM

HUFF
SAM ALMOST REDSKINS

DISCUSSED
10 11 12 13 14 15 16 17 18 19 20 21 22

IT

WITH

NUMBER OF PEOPLE
AN ANNOUNCER FOR THE LIKE THAT

JOINED
AND WE

BUT HES
DIDNT
FEEL

WOULD BE GOOD FOR

HIM

PARTICULARLY

SO WHEN YOU
WHAT DID YOU TELL

SPOKE

TO

MR ADDERLEY

HIM WAS THE PURPOSE OF THIS

LAWSUIT

MR KATZ
READ THE QUESTION

IM

SORRY

COULD YOU

BACK

PLEASE

RECORD READ
BY

MR KESSLER
BEFORE WHEN YOU FIRST
APPROACHED

HIM ABOUT

IT
WHEN
FIRST

TALKED TO HIM

THE

ESQUIRE DEPOSITION
18009449454

SERVICES

PAGE 198

BERNARD PARRISH

CONFIDENTIAL
PURPOSE WAS TO FIND HAPPENING
AND THAT
SO

OUT

THE

TRUTH

ABOUT

WHAT WAS

WITH

THE

MONEY FROM THE ENDORSEMENTS MADDEN VIDEO
GAMES AND ALL OF

FORTH

OF THE

SORT OF

THING
AND OUR TOPPS TRADING
OUT THE CARDS TRUTH AND ALL ABOUT

OF

THE

YOU KNOW TO FIND PLAYERS
INCOME

WHAT THE

ASSOCIATION
FROM

WAS DOING

WITH OUR
LIKE

WITH THE
WAS
10 11 12 13 14 15 16 17 18 19 20 21 22 IT

IT

WHICH WE FELT RETIRED

SHOULD

BE GOING TO THE

PLAYERS

AND

WAS

NOT
DID YOU TELL RETIRED HIM
THAT

YOU THOUGHT WITHOUT

THEY WERE USING PAYING
FOR

PLAYER RIGHTS

THOSE RIGHTS

YES
OKAY
IDENTIFY
RIGHTS TO

DID

HE

AGREED
YOU YOUR

AND WHAT PRODUCTS DID

MR

ADDERLEY WHERE YOU THOUGHT

WERE BEING

UTILIZED

BUT YOU WERENT BEING

PAID MR KATZ
THE BROUGHT

OBJECT
IN

WITNESS

PARTICULAR
IN

UP MADDEN VIDEO

GAMES

WHICH BOTH THE
ARE

CLEVELAND BROWNS AND THE PACKERS

MENTIONED IN

ESQUIRE

DEPOSITION
18009449454

SERVICES

PAGE 199

BERNARD PARRISH

CONFIDENTIAL
THE

VINTAGE

2005

ISSUE

OF

THAT

OF THE TEAMS

VIDEO ARE

GAME IN
IT

AND WHICH

THE

BROWNS 1964 OR

AND 65

AND THE

1965

66

PACKERS

WERE IN HAD

IT

AND HERB AND
ABOUT

DISCUSSION
HE
OF

THAT

AND THAT

WAS SOMETHING

SAID

HELL

IVE

NEVER GOTTEN
SAID

ANYTHING

OUT

IT

IVE

NEVER GOTTEN ANYTHING

OUT BY
10 11 12 13 14 15 16 17 18 19

OF

IT

DONT KNOW ANYBODY WHO HAS

MR KESSLER
YOUR NAME IS NOT INCLUDED
IN THAT

VIDEO

GAME IS

IT

YOUR NAME
IS

MY IDENTITY

IN

THERE

WITHOUT MY

NAME YES OKAY
UNDERSTAND YOU PLAYED ON THAT WITH
TEAM

ME
YOUR NAMES NOT THERE
IS

IT
QUESTION

MR KATZ
OBJECT

JUST

ANSWER THE

YOU MAY ANSWER
THE

20
21 22

WITNESS

EXCUSE

ME

BY

MR KESSLER
IS

YOUR NAME IN

THE

GAME YES OR

NO

ESQUIRE DEPOSITION
18009449454

SERVICES

PAGE 200

BERNARD PARRISH

CONFIDENTIAL
YOU

KNOW

DONT

HAVE

THE

GAME

MY

GRANDSON HAS IT

OKAY
HE WAS IDENTIFIED COULD LEAGUE IDENTIFY AND

SAYS

GRANDPA
POINT

YOU RE IN THAT

IT

SO

TO THE ME BY AS

MY GRANDSON
YEARS IN THE

HEIGHT

WEIGHT

RATING

CORNERBACK

OKAY
SO HE
10 11 12 13 14 15 16 17 18 19 20 21 22

DIDNT

HAVE THAT

ANY TROUBLE ALLOWED IN

AND
THE

THE

NUMBERS THAT

ARE

WERE

GAME INCLUDED

MY NUMBER AND NOT OTHER NUMBERS
SO HE ASSUMED THAT THAT WAS

GRANDPA

AND

DID PLAY

FOR THE

64 BROWNS
NOT

OKAY RIGHT
YES OR

YOUR NAME IS

THERE

NO PLEASE
HAVENT
SEEN

DONT KNOW
MY GRANDSON SAW IT

IT

OKAY
COMPLAINTS
THAT

YOU REVIEWED ALL
IN THIS

OF THE

WERE FILED

CASE

BEFORE

THEY WERE FILED

YES

HAVE

ESQUIRE DEPOSITION
18009449454

SERVICES

PAGE 425

BERNARD PARRISH

CONFIDENTIAL
CERTIFICATE UNITED DISTRICT
STATES OF OF COURT

REPORTER

AJMTERICA

OF COLUNBIA LORI

MACKENZIE

THE

REPORTER BEFORE
DO

WHOM THE

FOREGOING DEPOSITION
THAT THE

WAS TAKEN

HEREBY CERTIFY
APPEARS IN THE

WITNESS WHOSE TESTIMONY
WAS SWORN BY

FOREGOING DEPOSITION
OF SAID

ME

THAT

THE

TESTIMONY

WITNESS WAS TAKEN

BY ME IN
10 11 12 13 14 15 16 17 18 19 20

MACHINE SHORTHAND AND THEREAFTER BY COMPUTERAIDED
IS

TRANSCRIBED
SAID

TRANSCRIPTION

THAT

DEPOSITION
BY SAID

TRUE

RECORD OF THE
AM NEITHER

TESTIMONY
COUNSEL

GIVEN

WITNESS

THAT

FOR RELATED TO NOR EMPLOYED BY ANY OF THE
PARTIES WAS TO THE

ACTION

IN

WHICH THIS
THAT

DEPOSITION
RELATIVE

TAKEN

AND

FURTHER

AM NOT

OR EMPLOYEE BY THE

OF ANY ATTORNEY OR COUNSEL

EMPLOYED
OR

PARTIES

HERETO OR FINANCIALLY
IN THE OUTCOME

OTHERWISE

INTERESTED

OF THIS

ACTION

LORI
21

MACKENZIE
IN

NOTARY PUBLIC
DISTRICT
OF

AND FOR THE

COLUMBIA

22

MY COMMISSION

EXPIRES

APRIL

14

2011

ESQUIRE DEPOSITION
18009449454

SERVICES