Parrish et al v. National Football League Players Incorporated

Filing 360

MOTION to Dismiss for Lack of Jurisdiction --Plaintiff's Notice of Motion and Motion to Dismiss Parrish's Individual Claim Without Prejudice For Lack of Jurisdiction filed by Bernard Paul Parrish. Motion Hearing set for 9/18/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Notice of Motion, # 2 Proposed Order)(Hilbert, Ryan) (Filed on 8/13/2008)

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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] MCKOOL SMITH, LEWIS T. LECLAIR (Bar No. CA 077136) E-mail: [e-mail] JILL ADLER NAYLOR(Bar No. CA 150783) E-mail: [e-mail] 300 Crescent Court Dallas, TX 75201 Tel: [phone]; Fax: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT SAN FRANCISCO DIVISION BERNARD PAUL PARRISH, HERBERT ANTHONY ADDERLEY, and WALTER ROBERTS III, on behalf of themselves and all others similarly situated, Plaintiffs, v. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, a Virginia corporation, and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC, a Virginia corporation, Defendants. TO DEFENDANTS NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION ("NFLPA") AND NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC ("PLAYERS INC") (collectively, "Defendants") AND THEIR ATTORNEYS OF RECORD: CIVIL ACTION NO. C07 0943 WHA NOTICE OF PLAINTIFF'S MOTION TO DISMISS PARRISH'S INDIVIDUAL CLAIM WITHOUT PREJUDICE FOR LACK OF JURISDICTION Date: September 18, 2008 Time: 8:00 a.m. Place: Courtroom 9, 19th Floor Judge: Hon. William H. Alsup

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NOTICE OF MOTION TO DISMISS CASE NO. C07 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

PLEASE TAKE NOTICE that on Thursday, September 18, 2008 at 8:00 a.m., or as soon thereafter as the matter may be heard in the above-referenced Court, Plaintiff Bernard Parrish will move the Court to dismiss without prejudice Parrish's claim for breach of fiduciary duty against Defendants on the ground that the Court lacks jurisdiction. Parrish requests that (1) Parrish's individual claim for breach of fiduciary duty now be dismissed without prejudice, (2) the right to appeal this Court's final judgment with respect to the denial of class certification for Parrish's breach of fiduciary duty claim brought on behalf of himself and others similarly situated (the "Retired NFLPA Member Class") be expressly preserved, and (3) in the event of a successful appeal of the Court's final judgment with respect to the denial of class certification for Parrish's breach of fiduciary duty claim, that such claim be allowed to move forward before this Court. This Motion is based on the accompanying Plaintiffs' Motion to Dismiss Parrish's Individual Claim for Lack of Jurisdiction, the pleadings in this matter, and on such further evidence and argument as may be presented at the hearing on this motion. Dated: August 13, 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] McKOOL SMITH, P.C. Lewis T. LeClair, Esq. Sam Baxter Jill Adler Naylor 300 Crescent Court Suite 1500 Dallas, TX 75201 214-978-4984 214-978-4044 (fax) Attorneys for Plaintiffs

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NOTICE OF MOTION TO DISMISS CASE NO. C07 0943 WHA