Parrish et al v. National Football League Players Incorporated

Filing 356

Memorandum Regarding Documents to be Filed Under Seal filed by Bernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Attachments: # 1 Exhibit H (redacted) to Hilbert Declaration, # 2 Proposed Order)(Hilbert, Ryan) (Filed on 8/8/2008) Modified on 8/11/2008 (sis, COURT STAFF).

Parrish et al v. National Football League Players Incorporated

Doc. 356

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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 (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,

PLAINTIFFS' MEMORANDUM REGARDING DOCUMENTS TO BE FILED UNDER SEAL

Defendants.

20205142.1

MEMO RE REQUEST TO FILE UNDER SEAL CASE NO. C:07-0943 WHA

Dockets.Justia.com

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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

Pursuant to this Court's August 6, 2008 Order, Plaintiffs submit the following memorandum concerning documents to be filed under seal. Plaintiffs requested that the Court seal the following documents in connection with their Opposition to Defendants' Motion for Summary Judgment: (A) An unredacted version of Plaintiffs' Opposition to Defendants' Motion for

Summary Judgment; and (B) Exhibits C-P, R-RR, TT, VV-ZZ, EEE, HHH-LLL, NNN, and PPP-QQQ

to the Declaration of Ryan S. Hilbert filed in support thereof (the "Hilbert Declaration"). Plaintiffs also requested that the Court seal the following documents in connection with their July 30, 2008 Letter Brief: (A) (B) The unredacted version of Plaintiffs' July 30, 2008 Letter Brief; and Exhibit A to the Declaration of Laura M. Franco In Support of the July 30,

2008 Letter Brief. Plaintiffs made these requests on the grounds that, with the exception of a single document discussed below, each of the above documents contain testimony and/or information that has been designated as "Highly Confidential ­ Attorneys Eyes Only" or "Confidential" by Defendants (or a third party). Plaintiffs were required to file these documents in this manner pursuant to Paragraph 10 of the parties' Stipulated Protective Order, which states: "Without written permission from [Defendants] or a court order secured after appropriate notice to all interested persons, [Plaintiffs] may not file in the public record in this action any [Disclosure or Discovery Material that is designated as `Confidential' or `Highly Confidential ­ Attorneys' Eyes Only']". Because the documents listed above were designated as "Highly Confidential ­ Attorneys Eyes Only" or "Confidential" by Defendants, Plaintiffs are not in a position to determine whether any of these documents need not remain under seal. Incidentally, in the course of reviewing Plaintiffs' under seal filings, they discovered an exhibit that may not need to remain filed under seal. This exhibit, which is Exhibit H to the
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MEMO RE REQUEST TO FILE UNDER SEAL CASE NO. C:07-0943 WHA

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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

Hilbert Declaration, is a pair of GLAs signed by Herb Adderley that were filed under seal because they include Mr. Adderley's social security number. In the interest of disclosure, Plaintiffs respectfully request that the Court replace this exhibit in its entirety with the attached public versions of Mr. Adderley's GLA that have his social security number redacted.

Dated:

August 8, 2008

MANATT, PHELPS & PHILLIPS, LLP By: /s/Ryan S. Hilbert Ronald S. Katz (SBN 085713) Ryan S. Hilbert (SBN 210549) 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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MEMO RE REQUEST TO FILE UNDER SEAL CASE NO. C:07-0943 WHA