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 3

Case No. C 07 0943 WHA Parrish v. National Football League Players Association, et al.

Certified

Copy

UNITED

STATES DISTRICT

COURT

NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BERNARD ROBERTS
themselves
similarly

PAUL PARRISH
and
III

HERBERT

ANTHONY ADDERLEY
on behalf
all

WALTER

of

and

others

situated

Plaintiffs

vs.

CASE NO. C07

0943

WHA

NATIONAL FOOTBALL LEAGUE
PLAYERS ASSOCIATION
Virginia corporation

and

NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED dlb/a
PLAYERS
corporation

INC.

Virginia

Defendants.

VIDEOTAPED

DEPOSITION

OF JOEL LINZNER

SAN FRANCISCO CALIFORNIA FRIDAY FEBRUARY 82008
Reported by Quyen

Do RPR CSR

No.

2447

Joel

Linzner

February

2008

Appearances
For

Plaintiffs

Manatt

Phelps
S.

Phillips
Katz

LLP

By
1001 Palo

Ronald
at

Attorney
Page

Law

Mill

Road
Fax

Building
94304

Alto

California

650.812.1346 rkatz@manatt and

650.461.0309

corn

Manatt

Phelps
M.

Phillips
Franco

LLP

By
1001
10

Laura
at

Attorney
Page Palo

Law

Mill

Road
Fax
corn

Building 94304

Alto

California

650.461.0304
11 12 13

650.213.0260

lfranco@rnanatt. and McKool Smith Jill Adler at Law

By
14

Naylor

Attorney
300

Crescent Texas

Court Suite
75201 Fax

1500

15

Dallas

214.978.4906
16 17

214.978.4044

[e-mail]

For
18 19

Defendant

National and PLAYERS

Football
INC.

League

Players

Association Dewey

LeBoeuf

LLP Feher

By
20 1301 21 New

David
at

G.

Attorney

Law of the York Fax Arnericas 10019-6092 212.259.6333

Avenue

York

New

212.259.8070
22 23 24 25 /1 /1

[e-mail]

PAIJISSON
800.300.1214 REPORTING
LITIGATION SERVICES
WWW.PAULSONREPORTING.COM

619.239.4111

Joel

Linzner

February

2008

Appearances For

cont.
Linzner
Arts
J.

Joel

Electronic

By

Jacob
at

Schatz

Attorney
209

Law Shores Parkway 94065

Redwood

Redwood

City California
Fax

650.628.7241 [e-mail]

650.628.1422

Also

Present

Philip

Y.

Rowley
LeCG

Senior

Managing

Director
10 11 12 13 14 15 16 17 18 19 20

Joseph

Mourgos

Videographer

VIDEOTAPED One Embarcadero on

DEPOSITION

OF JOEL

LINZNER
San

taken

at

21
22 23

Center Friday

30th

Floor

Francisco
at

California

February
N.

2008 RPR

1006

a.m. before
Reporter

Quyen
No.

Do

Certified for the State

24 25

Shorthand
of

12447

in and

California.

800.300.1214 REPORTING
LITIGATION SERVICES
WWW.PAULSONREPORTING.COM

619.239.4111

Joel

Linzner

February

2008

50

105054
10 50 56

Okay. PLAYERS

So

you

signed

an

agreement of retired

with

INC
the

for right We

certain
to

number
--

105057
1050 58
10

players

use

Yes
people
of

had

given
in.

them They
of

list of could them

the some

51 51

02

we

were

interested players. there we

get

10

04

those

retired
get.

Some was an

they about
to

105106
10

couldnt
amount license
of

And

agreement

an cur NFL

5111

money

that we

would

pay

incremental for the active the

105114
10 10

fees
at

that that

were in

paying

5116 5119

players
of

point

time

to

secure

rights

11

10

the

retired Okay.

NFL So

players. do you recall what year this

12

105121
10

13

5121

was
This shortly after Okay. the
--

14

105124 105126 105128 105134 105136 105136 105137 105140 105142
1051 44
agreement
at

would

have
EA.

been

about

2000.

It

was

15

joined And

16

did

you

have

any

knowledge
P1

at

17

the

time what
players

sort of
if

agreement
--

had

18

signed

with

the

any

19

No.
--

20

in

order knew
is

--

21

All with We
yes.

you

is

that

you

signed

with

--

an

22

P1

that

correct
with PLAYERS

23 24 25

signed

an

agreement

INC

105144

Yes.

And

--

and

that

agreement

said

that

800.300.1214 REPORTING
LITIGATION SERVICES
WWW.PAULSONREPORTING.COM

619.239.4111

Joel

Linzner

February

2008

51

10 5149

they

represented

certain

number

of

retired

105149 105150 105152 105153
10 51 53

players
MR.

FEHER WITNESS

Objection
It

to

form.

THE were

wasnt

number.

They

identified

players.

BY MR.

KATZ
Identified players. And
do

105154 105155 105159
10

you

recall

how

many

there

were
would say
in

the

neighborhood

of

150

or

105159
10

so.

11

52

01

Okay. basis or
of

And

you

dont
was

know

whether

the GLA

12

105206
10 52 07

their

statement

that

they

signed

13

not
MR.

14

105207 105210
1052 10
players
BY MR.

FEHER WITNESS

Objection

to

form.

15

THE

They

being

the

retired

16

17

105210 105210 105210 105214
10

KATZ Well

18

they

is

probably the

wrong

19

pronoun. You
--

20

you

dont
to

know that the

whether they fact

the

basis

of

21
22

52

19

P1s
these had

representation players was

you on

represented that the players

105221 105223 105224

based

23

signed

GLAs
MR.

24 25

FEHER WITNESS

Objection

to

form.

THE

didnt

know.

You

know

800300.1214
REPORTING
LITIGATION SERVICES
WWW.PAULSONREPORTTNG.COM

619.239.4111

Joel

Linzner

February

2008

52

105227 105231
1052 34
10 52

there

was

--

there the
--

was

another of

outfit

that

was
as

representing and

rights you

retired the form

players
of

well

didnt
the

know

agreement rights their
to

37

whereby
--

retired an

players agent know

had
to

conveyed

105239
10 52

essentially
did

represent
it was.

41

interest
BY MR.

not

what

105241 105244 105246
10

KATZ
Okay.

So
with with

theres
retired retired

two

kinds

of One
is

agreements you

that

youve

had

players.

1052 48

signed

directly

players

that

11

105248 105249
10
10 10 52

correct
Yes.

12

13

51
54 56

And

one

you

signed

with

the

PLAYERS

INC was

14

52 52

And
we
--

actually
had the an

theres
that NFL

third
we

which

15

we

also with

agreement of

signed
of

16

10

52

59

directly

Hall And

fame
say

Hall was

Fame.

17

1053 03 1053 05

Okay. organization
is

you

there

another

18

out

there

representing

retired

players

19

105306
1053 06 1053
10 53 08

that

correct
Yes. And
It

20 21 22
23

which was an

--

which

organization
so

was
it

that
up.

14

acronym
ISM.

may
--

mess

1053

19

It

was

something acronym
So

like

dont

dont

know

24 25

1053 19

what

that

stands

for.

you

dont

even

know

the

nature

of

the

800.300.1214 REPORTING
LITIGATION SERVICES
WWW.PAULSONREPORTING.COM

619.239.4111

Joel

Linzner

February

2008

169
14 03 13

Are Web

there

more

than

are

highlighted

on

the

14

03

13

site
MR.

14

03

14

FEHER WITNESS
looked

Objection

to

form.

14

03

15

THE because say
MR.

Well
at

again
Web
site.

dont
All

know can

14

03

17

never

the

14

03

17

140318 140319
1403 23
10

KATZ
WITNESS
in

Okay.
--

THE

is.

dont
are
it.

know

if

theres more
Exhibit
74 as

NFL

Street

than

depicted

in

140327 140328 140339 140340 140340 140358
14

you

have

reproduced

11

MR.

KATZ
me ask

Okay. the

Fair enough.
to

12

Let

reporter
75

mark

the

next.

13

Exhibit
THE BY

marked

14

WITNESS

75.

15

MR

KATZ
Do you recognize my Exhibit

16

0404

75
and

sir
recall
of

17

140408
14 04

recognize entering pro into an
--

signature
regarding

18

12

agreement

members Hall

the

19

14

0415

football

Pro

excuse

me

Football

of

20

140415 140422 140425 140429
14

Fame. Okay. enter into such After NFL Properties And an
we

21 22
23

what

caused

you

to

want

to

agreement
received PLAYERS exclusive licenses
of

from

24

0433

and

INC one

our they would

25

competitors

started

program

whereby

800.300.1214 REPORTING
LITIGATION SERVICES
WWW.PAULSONREPORTING.COM

619.239.4111

Joel

Linzner

February

2008

170
14

0447
04
04 SO

attempt

to

license
we

retired to have game
--

NFL

players feature

for that Madden one
of

video would NFL. of the be

14

game

and

wanted with

14

54

competitive

that

as
--

part you

of

14

04

57

So

one

of

the
to

thing to

one Pro

know
Hall

14

0500
05 04

ideas

was at

go

the

Football sort of Football

Fame
rights so for

14

who
to

the

time had
of

some Pro do

collective Hall
of

140508
1405 12 1405 14
10 14 05 18

the we

members could who

the

Fame there you

that

sort of

one-stop regarded

shopping
as

people most

were

generally

the

know

famous

or most

well-known

retired

football

11

140519 140521 140525 140527 140528 140529 140531 140533
14
05 36

players. And you to use the You did that
of
--

12

did

the

agreement
of

allow

13

marks mean

the

Hall

Fame

trademarks

14

this

Exhibit

75

15

Yeah. believe Okay. than the rights
So

16

the
it

answer was the an

is

yes.

17

agreement
is

for more that

18

to

just

players

19

correct
MR.

20

140536 140538 140545 140548
14 05 50 me.

SCHATZ WITNESS

Objection

to

form.

21
22

THE

Well

there

was

--

excuse

23

Im
through this
MR.

--

if
--

you

give

me

second

Ill

read

24

and

25

KATZ

Yeah

sure.

800.300.1214 REPORTING
LITIGATION SERVICES
WWW.PAULSONREPORTING.COM

619.239.4111

Joel

Linzner

February

2008

197

REPORTERS

CERTIFICATION

Quyen in and for the

N.

Do

Certified
of

Shorthand
do

Reporter
hereby

State

California

certify

That

the

foregoing

witness was

was then

by

me duly before that the me

sworn
at

that time

the and

deposition place

taken

the

herein

set

forth

io

testimony

and

proceedings by my
of

were

reported transcribed that and the into

11 12

stenographically typewriting
is

me and

later

under record

direction
the

foregoing

13 14 15 16

true
at

testimony

proceedings

taken

that
IN

timeWITNESS day
of

WHEREOF February

have 2008.

subscribed

my

name

this

27th

17

uyen
20

Do

RPR

CSR

No.

12447

21
22

23 24

25

PAULSON
800.300.1214 REPORTING
LITiGATION SERVICES
WWW.PAULSONREPORTTNG.COM

619.239.4111