Parrish et al v. National Football League Players Incorporated
Filing
385
Declaration of Jeffrey Kessler in Support of 384 Letter Dated August 1, 2008 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, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Related document(s) 384 ) (Padnos, Todd) (Filed on 8/25/2008)
EXHIBIT 12
Case No. C 07 0943 WHA Parrish v. National Football League Players Association, et al.
ASE
307CV00943WHA
DOCUMENT 123
FILED
08292007
PAGE
OF
MANATT
RONALD
EMAIL
PHELPS
PHILLIPS
LLP
KATZ BAR NO CA 085713
CALIFORNIA
RKATZMANATTCOM
RYAN
EMAIL
HILBERT
BAR BAR
NO 210549
RHILBERTMANATTCOM
NOEL
EMAIL
1001
COHEN CALIFORNIA
NCOHENMANATTCOM
NO 219645
PAGE MILL ROAD BUILDING PALO ALTO CA 943041006 TELEPHONE 650 8121300
FACSIMILE
650 2130260
LECLAIR
BAR
MCKOOL SMITH PC
LEWIS EMAIL
JILL
NO CA 077136
ADLER BAR NO CA TX
75201
EMAIL
10
LLECLAIRMCKOOLSMITHCOM 150783 JADLERMCKOOLSMITHCOM
300 CRESCENT COURT
DALLAS
TELEPHONE
11
214 9784984
2149784044
FACSIMILE
12
ATTORNEYS FOR PLAINT FFS
13
14
UNITED STATES DISTRICT
COURT
15
NORTHERN DISTRICT
SAN FRANCISCO DIVISION
16
17
18
BERNARD PAUL PARRISH HERBERT ANTHONY ADDERLEY AND WALTER
ROBERTS
ALL
CIVIL
ACTION
NO C07
0943
WHA
19
III
ON BEHALF OF THEMSELVES AND
SITUATED
OTHERS
SIMILARLY
20
PLAINTIFFS
ORDER REGARDING PLAINTIFFS
DISCOVERY MOTION
21
VS
22
23
24
25 26 27 28
MANAL
PHIL
AL
NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION VIRGINIA CORPORATION AND NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED DBA PLAYERS 1NC VIRGINIA
CORPORATION
DATE
FRIDAY
AUGUST 172007
TIME
JUDGE
130
PM
WILLIAM ALSUP
HONORABLE
DEFENDANTS
PHELPS
LI AL
IP LU
LAW
ORIER REGARDING PLAINTIFFS DISCOVERY MOTION CASE NO 070943 WIIA
AL 10
ASE
307CV00943WHA
DOCUMENT 123
FILED
08292007
PAGE
OF
ON AUGUST 10 2007
WALTER ROBERTS
III
PLAINTIFFS
BERNARD PAUL PARRISH
FILED
LETTER
HERBERT ANTHONY ADDERLEY AND
COLLECTIVELY
PLAINTIFFS
BRIEF
DISCOVERY MOTION
IN
WHICH
THEY REQUESTED THAT THE COURT ORDER DEFENDANT
NATIONAL FOOTBALL
LEAGUE PLAYERS INCORPORATED
TO PLAINTIFFS
FIRST
DBA PLAYERS INC
REQUESTS
TO PRODUCE CERTAIN
DOCUMENT IN RESPONSE
FILED LETTER BRIEF
SET OF
DOCUMENT
ON AUGUST 15 2007
DEFENDANT
OPPOSING
PLAINTIFFS
DISCOVERY
LETTER
MOTION AND REQUESTING
BRIEFS
PROTECTIVE
ORDER LIMITING
IN
DISCOVERY
ORAL ARGUMENT ON THE PARTIES
WAS HELD ON AUGUST 17 2007 HAVING CONSIDERED
THE ABOVEREFERENCED
COURT
LETTER
THE PARTIES
LETTER BRIEFS
AND THE ORAL ARGUMENT ON THE
BRIEFS THE
COURT HEREBY ORDERS
10
AS FOLLOWS
IT
IS
HEREBY ORDERED THAT
BY NO
LATER THAN
TO THE
EXTENT
NOT ALREADY PRODUCED
THE FOLLOWING
PLAYERS INC
WILL
11
PRODUCE TO PLAINTIFFS
AUGUST
29 2007
14 2003
PLAYERS
DOCUMENTS
12
ALL AGREEMENTS FROM FEBRUARY
THE NATIONAL FOOTBALL
ENTERED INTO BETWEEN
PLAYERS INC
OR
13
LEAGUE
ASSOCIATION
AND ANY LICENSEE
THAT PROVIDE
FOR
14
15
THE LICENSING
OF ANY RETIRED
NFL
PLAYERS
RIGHTS AGREEMENTS FROM FEBRUARY
ALL INDIVIDUAL
TO
AD HOC LICENSING
RETIRED
OR MARKETING
14
2003
16 17
WHICH ANY
NFL
PLAYER
IS
PARTY
TO
ALL
GLAS
FROM FEBRUARY
14 2003
WHICH ANY
TO
RETIRED
NFL
PLAYER
IS
PARTY
18
DOCUMENTS FROM FEBRUARY 14 2003 BY
LICENSEES TO
SUFFICIENT
SHOW ANY AND ALL PAYMENTS MADE
THE RIGHTS
19 20
21
PLAYERS INC
WITH RESPECT
TO LICENSING
OF ANY RETIRED
NFL
PLAYER
SUFFICIENT TO
DOCUMENTS FROM FEBRUARY 14 2003 BY
SHOW ANY AND ALL PAYMENTS MADE
TO LICENSING THE RIGHTS OF
22 23
PLAYERS INC NFL
TO
ANY
RETIRED
NFL
PLAYER WITH RESPECT
ANY RETIRED
PLAYER
AND
SUFFICIENT TO
24
25 26 27 28 MANAYI PHELPS
LLP PHILLIPS AITORNFASAI LAW PALO ALRO
DOCUMENTS FROM FEBRUARY 14 2003
SHOW ANY
TRANSACTIONS
IN
WHICH
PLAYERS INC
RETAINED
OR RETAINS
PORTION OF THE PAYMENT MADE BY WITH THE LICENSING
TO RIGHTS
LICENSEE
EG
RETIRED
AS AN ADMINISTRATIVE
FEE
IN CONNECTION
OF ANY
NFL
BY
PLAYER
INCLUDING
DOCUMENTS
SUFFICIENT
SHOW
THE
AMOUNTS THAT WERE
RETAINED
PLAYERS INC
ORDER REGARDING PLAIN
FIFES
DISCOVERY MOTION CASE NO 070943 WHA
ASE
307CV00943WHA
DOCUMENT 123
FILED
08292007
PAGE
OF
IT
IS
HEREBY FURTHER ORDERED THAT PLAYERS INC
29 2007
TO THE THE
WILL
PRODUCE TO PLAINTIFFS
BY
NO LATER THAN AUGUST
FOLLOWING AGREEMENTS WITH THE TOPPS
WITH
ELECTRONIC
RESPECT
LICENSING
COMPANY TOPPS
TO
AND
ARTS
EA
FROM FEBRUARY
14 2003 DOCUMENTS SUFFICIENT
THAT WERE PAID TO
SHOW THE FLOW OF ANY
SPECIFICALLY IN
FUNDS PAID BY TOPPS AND CONSIDERATION
EA
TO
PLAYERS INC NFL
PLAYERS INC
FOR THE LICENSING
OF RETIRED
PLAYERS
RIGHTS
EG PURSUANT
TO AN INDIVIDUAL
AD
HOC AGREEMENT
IT
IS
HEREBY FURTHER ORDERED THAT PROPOSAL
WITH
RESPECT TO THE LICENSING
PLAINTIFFS
10
11
AGREEMENTS WITH TOPPS AND
EA
FROM FEBRUARY
SUFFICIENT
14 2003 PLAYERS INC
TO TRACE THE
WILL
PRODUCE BY NO LATER THAN SEPTEMBER
2007
THAT
DOCUMENTS
FLOW OF THOSE FUNDS FROM TOPPS AND
SPECIFICALLY FOR ACTIVE
EA
TO
PLAYERS INC
SPECIFICALLY
12
PLAYERS INC
RETIRED
DID NOT EARMARK
NFL
PLAYERS
OR
FOR
13
NFL
PLAYERS
OR
WITH
RESPECT TO THE LICENSING
14
15
PLAYERS INCS PROPOSAL
AND
AGREEMENTS WITH TOPPS
LATER THAN AUGUST
EA
FROM FEBRUARY 14 2003
TO
PLAYERS INC
WILL PRODUCE
BY NO
29 2007
THAT
16
17
DOCUMENTS SUFFICIENT WERE NOT PAID
PLAYERS
TO
SHOW THE FLOW OF ANY FUNDS PAID BY TOPPS AND
SPECIFICALLY IN
LA
TO
PLAYERS INC
OF ACTIVE
PLAYERS INC
SPECIFICALLY IN
CONSIDERATION
FOR THE LICENSING
NFL
RIGHTS
18
RIGHTS OR
CONSIDERATION FOR THE LICENSING
OF RETIRED
NFL
PLAYERS
19 20 21
EG PURSUANT
IT
TO LOCATE IS
TO AN INDIVIDUAL
AD HOC AGREEMENT
SHALL
HEREBY FURTHER ORDERED THAT PLAYERS INC
ALL
MAKE GOOD FAITH
EFFORTS
AND PRODUCE
DOCUMENTS THAT
ARE RESPONSIVE
TO THIS
ORDER INCLUDING
ACTIVE
GLAS
WHO
AND
AD
22 23 24 25 26 27 28 MANAIT
PHILLIPA PHELPS
HOC AGREEMENTS FROM FEBRUARY 14 2003
SUBSEQUENTLY RETIRED BEFORE THE EXPIRATION
THAT WERE SIGNED
BY
NFL
PLAYERS
OF SUCH
GLAS
OR
AD HOC AGREEMENTS
LLP
AL AL
ALLORN
PAL
LAW
ORDER REGRDING PLAINTWFS DISCOVERY MOTION CASE NO 07 0943 WHA
ASE
307CV00943WHA
DOCUMENT 123
FILED
08292007
PAGE
OF
IT IS
HEREBY FURTHER ORDERED THAT
IS
ALL
FURTHER
RELIEF SOUGHT BY PLAINTIFFS
IN
THEIR
DISCOVERY IT
MOTION
IS
DENIED
WITHOUT PREJUDICE
SO ORDERED
DATED
2007
HONORABLE WILLIAM
STATES
ALSUP
DISTRICT
JUDGE UNITED
COURT
10
APPROVED AS
11
TO FORM
12
DATED
AUGUST 29 2007
DEWEY BALLANTINE
BY SEAMON OKELLY
LLP
13
EAMON OKELIY PRO HAC
14
15
DEWEY BALLANTINE
1301
VICE
LLP
AVENUE OF
THE
NEW YORK NY
TEL
AMERICAS 100196092
212 2598000
FAX
212 2596333
16
17
ATTORNEYS FOR DEFENDANTS FILERS ATTESTATION PURSUANT TO GENERAL ORDER NO 45 SECTION REGARDING SIGNATURES RONALD KATZ HEREBY ATTESTS THAT CONCURRENCE IN THE FILING OF THIS DOCUMENT HAS BEEN OBTAINED
XB
18
19
201869616
20
21 22 23
24
25
26 27
28
MANAT
AL
PHELPS
LI
PHIL LIPS IIIKLL LUL
RDFR
REGARDING
P1
ALL AL
AIM 1FFS DISCOVERY MOTION CASE NO 07 0943 WIIA
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?