Parrish et al v. National Football League Players Incorporated

Filing 347

MOTION for Leave to File -- Plaintiffs' Miscellaneous Administrative Request for Leave to File a Supplemental Declaration In Support of Their July 30, 2008 Letter Brief filed by Bernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Attachments: # 1 Exhibit A -- Supplemental Declaration of Ryan S. Hilbert ISO July 30, 2008 Letter Brief, # 2 Exhibit A to Supplemental Declaration of Ryan S. Hilbert ISO July 30, 2008 Letter Brief, # 3 Proposed Order)(Hilbert, Ryan) (Filed on 8/1/2008)

Parrish et al v. National Football League Players Incorporated

Doc. 347

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MANATT, PHELPS & PHILLIPS, LLP
ATTO RNEY S AT LAW PA L O A L T O

MANATT, PHELPS & PHILLIPS, LLP RONALD S. KATZ (Bar No. CA 085713) E-mail: [e-mail] RYAN S. HILBERT (California Bar No. 210549) E-mail: [e-mail] NOEL S. COHEN (California Bar No. 219645) E-mail: [e-mail] 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: [phone] Facsimile: [phone] McKOOL SMITH, P.C. LEWIS T. LECLAIR (Bar No. CA 077136) E-mail: [e-mail] JILL ADLER (Bar No. CA 150783) E-mail: [e-mail] 300 Crescent Court, Suite 1500 Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CIVIL ACTION NO. C07 0943 WHA BERNARD PAUL PARRISH, HERBERT ANTHONY ADDERLEY, and WALTER ROBERTS, III 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.

PLAINTIFFS' MISCELLANEOUS ADMINISTRATIVE REQUEST FOR LEAVE TO FILE A SUPPLEMENTAL DECLARATION IN SUPPORT OF THEIR JULY 30, 2008 LETTER BRIEF

20204888.1

PLAINTIFFS' MISCELLANEOUS ADMINISTRATIVE REQUEST FOR LEAVE TO FILE SUPPLEMENTAL DECLARATION CASE NO. C:07-0943 WHA

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MANATT, PHELPS & PHILLIPS, LLP
ATTO RNEY S AT LAW PA L O A L T O

TO DEFENDANTS NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION AND NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT pursuant to Local Civil Rules 7-3(d) and 7-11, Plaintiffs Bernard Paul Parrish, Herbert Anthony Adderley and Walter Roberts III ("Plaintiffs") hereby move for leave from the Court to file a proposed, three-page supplemental declaration (Exhibit A hereto), to correct material misstatements and omissions regarding a purported agreement barring use of pre-statute of limitations documents in Defendants' August 1, 2008 Response to Plaintiffs' July 30, 2008 Letter Brief ("Defendants' Response"). Good cause exists here for two reasons. First, as Plaintiffs' counsel, Mr. Katz, stated at the July 24 hearing, the parties did not agree to any stipulation precluding the parties from relying on pre-statute of limitations documents such as the 2001 LaShun Lawson letter. While Mr. Kessler cites a May 20, 2008 email from Plaintiffs' counsel Ryan Hilbert suggesting that such an agreement was reached, Mr. Kessler failed to advise the Court that on May 22, 2008, Defendants' counsel David Greenspan telephoned Mr. Hilbert to notify him of additional issues that needed to be addressed before an agreement could be reached. The proposed declaration supplies the Court with this additional communication. Second, Defendants made their misstatements and omissions knowing that Plaintiffs have no automatic right to reply to Defendants' Response. Plaintiffs should be allowed to form a complete and accurate record for the Court. Third, Plaintiffs will be prejudiced if they are not allowed to rebut Mr. Kessler's material misstatement and remedy his material omission. Due to the timing of this filing as well as the nature of the motion (to correct a material misstatement and omission), Plaintiffs did not seek a stipulation from Defendants to file the proposed supplemental declaration, but rather provided Defendants notice that the instant motion is being filed. For the foregoing reasons, Plaintiffs respectfully request that this Court grant it leave to file the attached Supplemental Declaration.
20204888.1 PLAINTIFFS' MISCELLANEOUS ADMINISTRATIVE REQUEST FOR LEAVE TO FILE SUPPLEMENTAL DECLARATION CASE NO. C:07-0943 WHA

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Dated:

August 1, 2008

MANATT, PHELPS & PHILLIPS, LLP By: /s/ Ryan S. Hilbert Ronald S. Katz (SBN 085713) Ryan S. Hilbert (SBN 210549) Noel S. Cohen (SBN 219645) MANATT, PHELPS & PHILLIPS, LLP 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Lewis T. LeClair, Esq. Jill Adler, Esq. McKOOL SMITH, P.C. 300 Crescent Court Suite 1500 Dallas, TX 75201 214-978-4984 214-978-4044 (fax)

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PLAINTIFFS' MISCELLANEOUS ADMINISTRATIVE REQUEST FOR LEAVE TO FILE SUPPLEMENTAL DECLARATION CASE NO. C:07-0943 WHA