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

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.

[PROPOSED] ORDER GRANTING 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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[PROPOSED] ORDER 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

The Court having considered Plaintiffs' Motion to Dismiss Parrish's Individual Claim Without Prejudice For Lack of Jurisdiction (the "Motion"), the pleadings on file and the arguments of counsel, and good cause appearing, hereby GRANTS the Motion. It is hereby ORDERED that that (1) Parrish's individual claim for breach of fiduciary duty is now 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 the Retired NFLPA Member Class is 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 is allowed to move forward before this Court. IT IS SO ORDERED.

Dated: HON. WILLIAM H. ALSUP United States District Court Judge

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