Parrish et al v. National Football League Players Incorporated

Filing 383

Declaration of David Greenspan in Support of 382 Reply Memorandum In Support of Defendants' Motion for Summary Judgment filed byNational Football League Players Incorporated, National Football League Players Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Related document(s) 382 ) (Padnos, Todd) (Filed on 8/25/2008)

Parrish et al v. National Football League Players Incorporated

Doc. 383

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Todd Padnos (Bar No. 208202) [e-mail] DEWEY & LEBOEUF LLP One Embarcadero Center, Suite 400 San Francisco, CA 94111 Tel: [phone]; Fax: [phone] Jeffrey L. Kessler (pro hac vice) [e-mail] David G. Feher (pro hac vice) [e-mail] David Greenspan (pro hac vice) [e-mail] DEWEY & LEBOEUF LLP 1301 Avenue of the Americas New York, NY 10019 Tel: [phone]; Fax: [phone] Kenneth L. Steinthal (pro hac vice) [e-mail] WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Tel: [phone]; Fax: [phone] Bruce S. Meyer (pro hac vice) [e-mail] WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, NY 10153 Tel: [phone]; Fax: [phone] Attorneys for Defendants National Football League Players Association and National Football League Players Incorporated d/b/a Players Inc UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BERNARD PAUL PARRISH, HERBERT ANTHONY ADDERLEY, WALTER ROBERTS III, Plaintiffs, v. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a/ PLAYERS INC, Defendants. Case No. C 07 0943 WHA DECLARATION OF DAVID GREENSPAN IN FURTHER SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

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Dewey & LeBoeuf LLP

Declaration of David Greenspan In Further Support of Defendants' Motion for Summary Judgment

Civ. Action No. C07 0943 WHA

Dockets.Justia.com

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

DECLARATION OF DAVID GREENSPAN I, David Greenspan, hereby declare as follows: 1. I am an attorney with Dewey & LeBoeuf LLP, attorneys for Defendants National Football League Players Association ("NFLPA") and National Football League Players Incorporated d/b/a Players Inc ("Players Inc") in this action. I am a member of the bar of the State of New York and my pro hac vice application in this matter was granted by the Court on August 3, 2007. I make this Declaration in support of Defendants' Motion for Summary Judgment. I have personal knowledge of each of the facts stated herein, and if called to testify, could and would testify completely hereto. 2. Attached hereto as Exhibit 1 is a true and correct copy of excerpts of the transcript of the deposition of Herbert Adderley, dated February 20, 2008. 3. Attached hereto as Exhibit 2 is a true and correct copy of a license agreement between STATS LLC and Players Inc dated March 1, 2007, which was produced by Defendants in this action. 4. Attached hereto as Exhibit 3 is a true and correct copy of the NFL Sponsorship and Internet Agreement between the NFL Properties, Inc. and Players Inc, dated January 24, 2001, which was produced by Defendants in this action. 5. Attached hereto as Exhibit 4 is a true and correct copy of excerpts of the NFL Collective Bargaining Agreement 2006-2012, dated March 8, 2006. 6. Attached hereto as Exhibit 5 is a true and correct copy of excerpts of the transcript of the deposition of Chairman of Players Inc and Executive Director of the NFLPA Gene Upshaw, dated February 13, 2008. 7. Attached hereto as Exhibit 6 is a true and correct copy of a letter from Jason Clark to Lew LeClair, dated May 28, 2008. 8. Attached hereto as Exhibit 7 is a true and correct copy of excerpts of the transcript of the deposition of NFLPA General Counsel Richard A. Berthelsen, dated May 13, 2008.

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Dewey & LeBoeuf LLP

Declaration of David Greenspan In Further Support of Defendants' Motion for Summary Judgment

Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

9. Attached hereto as Exhibit 8 is a true and correct copy of excerpts of the transcript of the Rule 30(b)(6) deposition of Joel Linzner, dated February 8, 2008. 10. Attached hereto as Exhibit 9 is a true and correct copy of excerpts of the transcript of the Rule 30(b)(6) and individual deposition of NFLPA Staff Counsel Joseph H. Nahra, dated April 16, 2008. 11. Attached hereto as Exhibit 10 is a true and correct copy of the Rebuttal Report of Philip Y. Rowley, dated June 27, 2008. 12. Attached hereto as Exhibit 11 is a true and correct copy of the Expert Reply Report of Daniel A. Rascher, dated June 26, 2008. 13. Attached hereto as Exhibit 12 is a true and correct copy of excerpts of the transcript of the deposition of former President of Players Inc and Assistant Executive Director of the NFLPA Doug Allen, dated September 7, 2007. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: July 10, 2008

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Dewey & LeBoeuf LLP

_________/s/_______________ David Greenspan

-2Declaration of David Greenspan In Further Support of Defendants' Motion for Summary Judgment Civ. Action No. C07 0943 WHA