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 6

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

HIGHLY UNITED STATES DISTRICT

CONFIDENTIAL COURT

SOUTHERN BERNARD

DISTRICT
PAUL

OF NEW YORK
ET

PARRISH

AL

PLAINTIFFS

AGAINST
NATIONAL FOOTBALL
ET

LEAGUE

PLAYERS
HIGHLY CONFIDENTIAL

ASSOCIATION

AL
DEFENDANTS

CASE
10 11 12 13 14

NO

C07

0943

WHA

399 PARK AVENUE NEW YORK NEW YORK

APRIL
15 16 17 18 19 20 21 22 23 24 25

904

AM

2008

DEPOSITION

OF

ADAM ZUCKER

PURSUART NOTARY

TO

SUBPOENA
OF THE

BEFORE SOPHIE
OF

NOLAN

PUBLIC

STATE

NEW YORK

ELLEN
126

GRAUER COURT REPORTING CO LLC EAST 56TH STREET FIFTH FLOOR NEW YORK NEW YORK 10022
212

7506434

REF

87185A

APPEARANCES
MOKOOL SMITH ATTORNEYS
300 FOR

PLAINTIFF

CRESCENT TEXAS

COURT
75201

SUITE

1500

DALLAS

BY

LEWIS BRETT
PHONE

LECLAIR CHARHON

ESQ

ESQ

2149784984 2149784044
LLECLAIRMCKOOLSMITH
CORN

10 11 12 13
14

FAX

EMAIL

DEWEY

LEBOEUF
FOR

LLP

15 16 17
18

ATTORNEYS
1301

DEFENDANTS
OF

AVENUE

THE

AMERICAS

NEW YORK

NEW YORK

100196092

BY

DAVID
IAN

GREENSPAN

ESQ

19 20 21 22 23 24 25

PAPENDICK 212259 212259

ESQ
6438 6333

PHONE
FAX

EMAIL

DGREENSPAN

APPEARANCES
INGRAM YUZEK GAINEN

CONTD
BERTOLOTT
LLP

CARROLL

ATTORNEYS
250

FOR NONPARTY PARK

WITNESS

AVENUE NEW YORK
10177

NEW YORK

BY

DAVID MIOKO PHONE

EBERT TAJIKA
212

ESQ

ESQ
9079603

10 11
12

FAX

2129079681
DEBERTINGRAMLLPCOM

EMAIL

13
14

ALSO

PRESENT
JOHN

15 16 17 18 19 20 21 22 23 24 25

MARTUCCI

LEGAL

VIDEOGRAPHER

77

ZUCKER CONTACTING THIRD

HIGHLY

CONFIDENTIAL

PARTIES
GOING THROUGH PLAYERS

WITHOUT

INC
MR EBERT
QUESTION OBJECTION
IS

THAT

MR LECLAIR MR EBERT
QUESTION
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

YES
OBJECT
TO

THAT

MR LECLAIR
REPHRASE
DID

ALL

RIGHT

ILL

IT
YOU JOB TELL OF

PLAYERS
NOT

INC

THAT

YOU

WOULD DO PARTIES

BETTER WITHOUT

CONTACTING

THIRD

GOING

THROUGH PLAYERS OBJECTION
TO THIS WENT

INC
TO

MR GREENSPAN
THINK
WE SAID THAT WE APOLOGIZE

FORM

PURSUANT

EXAMPLE
CLOWN

FOR HOW THIS DO

AND

NEXT

TIME
IF

WELL
YOU

BETTER

JOB
AN

WANTED TO GET
YOU

ACTIVE
HAVE
TO

PLAYER
GO GET

TO

SIGN

AUTOGRAPHS DID

ALSO

AN

AGREEMENT TO DO THAT
WHAT DO YOU
IN

PLEASE

CLARIFY

THAT

SURE
TO AND

OTHER WORDS

IM

TRYING

UNDERSTAND RERIRED

THE

DIFFERENCES
IN

BETWEEN ACTIVE

PLAYERS

TERMS OF

TOPPS

78

ZUCKER

HIGHLY

CONFIDENTIAL

AGREEMENTS OKAY
OR

HIGHLIGHT

AGREEMENTS

AUTO AGREEMENTS

MR EBERT
THINK
SAY

LETS

OBJECTION
WHEN YOU WITNESS
IS

YOURE MISCHARACTERIZING AUTO AGREEMENTS
THAT THE

CLEAR

THESE
AND

AGREEMENTS ARE MORE THAN
KEEP

AUTOGRAPHS
10 11 12 13
14

YOU

TRYING

TO

SAY

ITS

AN

AUTOGRAPH OBJECT
ON IT

AGREEMENT
THAT

BASIS

AND

ASK
IF

YOU YOU

TO

CHARACTERIZE

MORE PROPERLY

WOULD
HAVE YOU

REFERRED

TO

THEM GS AUTO

15 16
17 18

AGREEMENTS

NO
YOU

NEVER

REFERRED

TO

THEM AS

AUTO

AGREEMENTS
MIGHT
YOU HAVE

19 20 21 22 23 24 25

REFERRED MIGHT

TO

THAT TO

KNOW TO AN AGREEMENT
QOT
OF

TALK

SOMEBODY HEY
BUT MY

THE AN

AUTOQRAPH AQREEMENT AGREEMENT THAT
IS

DEFINITION

HAVE

WITH
THE

PLAYERS
DEPARTMENT
AND

INC
THAT THAT

THAT

FACILITATED

THROUGH HIGHLIGHT FROM

OVERSEE

ITS

AGREEMENT

COULD INCLUDE

ANYTHING

79

ZIIICKER

HIGHLY

CONFIDENTIAL AUTOGRAPHS
TO

AUTOGRAPHS YOU KNOW CONTRACTING
CONTRACTING PACKAGING

RIGHTS
FOR

AD

RIGHTS

AN

APPEARANCE
ON BASE

CAMP

RIGHTS

RETIRED

PLAYERS

CARDS

SO
AN

AT

TIMES

MIGHT

REFER TO
BUT MY
IRL

IT

AS

AUTOGRAPH AGREEMENT
IN

INTERNALLY

THE

CATEGORY

THE

CARD CATEGORY WITH
AN

COMPETITORS
10 11 12 13
14

WITH

AGENT

WE

USE

WE USE

THE

WORD HIGHLIGHT
CALL
IT

AGREEMENT
ELSE

PLAYERS
WE CALL
IT

INC

MIGHT

SOMETHING

HIGHLIGHT

AGREEMENT

NOW SPECIFICALLY
IF

MY QUESTION PLAYER
TO

IS

YOU WANTED TO TO
AN

GET

VETERAN
DID

WHO WAS

15 16 17 18 19 20 21 22 23 24 25

ACTIVE
INTO

SIGN

CARDS
WITH

YOU HAVE

ENTER

AGREEMENT THERE

THEM ABOUT

THAT

MR EBERT
THE

THEM
PLAYER

BEING

WHO

ACTIVE

WE WOULD NEGOTIATE

THE

RESPECTIVE

AUTOGRAPH

AGREEMENT THROUGH PLAYERS

INC

AN

AGREEMENT WOULD BE

DRAWN UP BETWEEN TOPPS AND
THE

PLAYERS
RIGHTS
OF

INC
OR

FOR

SERVICES

OF

WHOEVER OR

APPEARANCE AND TELL
ME

OF
WHAT WAS

DLFFEIENT

80

ZUCKER ABOUT RETIRED
THAT
AS

HIGHLY

CONFIDENTIAL
THE SAME

OPPOSED TO
TO

AGREEMENT WITH

PLAYER

DO

THE

THING
IF

THE

AGREEMENT ITSELF WITH

YCU

WERENT FAMILIAR
AT

FOOTBALL

YOU THE

WOULD LOOK ONLY

IT

THEY WOULD LOOK SIMILAR
IS

DIFFERENCE WOULD BE

THE

RETIRED

AGREEMENT THERE

RIGHTS

PARAGRAPH

THATS

GRANTING

US

RIGHTS
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

THE

ACTIVE RIGHTS

PLAYER

AGREEMENT
WE ARE

WOULDNT
RECEIVING

HAVE THOSE

PARAGRAPH BECAUSE
RIGHTS
TO

RESPECTIVE THESE

MAKE CARDS

THROUGH ONE OF

LICENSING

AGREEMENTS

YOUVE PRESENTED

MR EBERT
REFERRINQ STICKER
TO

THE

WITNESS

IS

EXHIBITS

WHAT DOES

THAT

SAY
THE

WITNESS

390

IT

WOULD HE

394

393
DID

392
ANYONE FROM PLAYERS ALREADY HAD RIQHTS

INC

EVER

TELL

YOU

THAT

THEY

FROM CERTAIN

RETIRED

PLAYERS

NO
YOU

DIDNT

KNOW THAT

AT

AL
THE

MR EBERT

OBJECTION

109

CERTIFICATE
STATE
OF NEW YORK

SS
COUNTY OF NEW YORK

SOPHIE WITHIN
AND

NOLAN
STATE

NOTARY PUBLIC
OF NEW YORK DO

FOR THE

HEREBY CERTIFY
10 11 12 13 14 15 16 17 18 19 20
21

THAT

ADAM ZUCKER
IS

THE

WITNESS BEFORE SET
SUCH

WHOSE DEPOSITION

HEREIN

FORTH

WAS

DULY
IS

SWORN BY ME AND THAT
TRUE BY

DEPOSITION TESTIMONY

RECORD OF THE

GIVEN FURTHER

SUCH WITNESS
THAT AM NOT
TO

CERTIFY
OF

RELATED ACTION
AM THIS
IN

TO

ANY

THE

PARTIES

THIS THAT

BY

BLOOD OR MARRIAGE
IN

AND THE

NO WAY INTERESTED

OUTCOME OF

MATTER
IN

WITNESS

WHEREOF
14TH DAY
OF

HAVE

HEREUNTO

5TT

RN

HDND THIS

APILL

2008

22 23 24 25

F0
SOPHIE NOLAN