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
jad1er@rnckoolsrnith.com
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
dfeher@dl.corn
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 jschatz@ea.com
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
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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
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