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)
<![CDATA[
EXHIBIT 7
Case No. C 07 0943 WHA Parrish v. National Football League Players Association, et al.
HIGHLY UNITED STATES DISTRICT
OF
CONFIDENTIAL COURT
NEW YORK
ET
SOUTHERN BERNARD
DISTRICT
PAUL
PARRISH
AL
PLAINTIFFS
AGAINST
NATIONAL FOOTBALL
ET
LEAGUE
PLAYERS
HIGHLYCONFIDENTIAL
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
1241
PM
2008
DEPOSITION
OF
WARREN FRISS SOPHIE
PURSUANT
TO
30B
PUBLIC
OF
NOTICE
THE
BEFORE
OF
NOLAN
NOTARY
STATE
NEW YORK
ELLEN
126
GRAUER COURT REPORTING EAST 56TH STREET FIFTH NEW YORK NEW YORK 10022
CO
LLC
FLOOR
2127506434 REF 87185B
APPEARANCES
MCKOOL SMITH ATTORNEYS
300 FOR
PLAINTIFF
CRESCENT TEXAS
COURT
75201
SUITE
1500
DALLAS
BY
LEWIS BRETT PHONE
LECLAIR
ESQ
CHARHON ESQ
2149784984 2149784044
LLECLAIRMCKOOLSMITHCOM
10 11 12 13
14
FAX
EMAIL
DEWEY
LEBOEUF
FOR
LLP
15 16 17 18 19 20 21 22 23 24 25
ATTORNEYS
1301
DEFENDANTS
OF
AVENUE
THE
AMERICAS
NEW YORK
NEW YORK
100196092
BY
DAVID
IAN
GREENSPAN
ESQ
PAPENDICK
ESQ
PHONE
FAX
2122596438 2122596333 DGREENSPANDLCOM
EMAIL
CONTD
INGRAM YUZEK
FOR PARK
GAINEN
CARROLL
BERTOLOTTI
LLP
ATTORNEYS
250
NONPARTY
AVENUE
NEW YORK
WITNESS
NEW YORK
10177
BY
DAVID MIOKO PHONE
EBERT TAJIKA
ESQ
ESQ
2129079603 2129079681
DEBERTINGRAMLLPCOM
10
II
FAX
BMAIL
12 13 14 15 16 17 18 19 20 21 22 23 24 25
ALSO
PRESENT
JOHN
MARTUCCI
LEGAL
VIDEOGRAPHER
69
FRISS PLAYER
THAT
HIGHLY
CONFIDENTIAL
TO
IN
YOU WERE REFERRING
PARAGRAPH
THREE OF
YOUR
DECLARATION
YES
MR LECLAIR
YES OKAY
IT
OBJECTION
LEADING
IS
PARAGRAPH
FIVE THAT
ENTITLED
COMPENSATION
HAD
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
DO
YOU
RECALL
MR
THE
LECLAIR
ASKED YOU
SOME
QUESTIONS
IN
ABOUT
COMPENSATION
TO
PAID
THIS
CASE
WITH
RESPECT
ROGER CRAIG
YES OKAY
IT
STATES
THE
IN
THAT OF
PARAGRAPH
AND
AS
CONSIDERATION
FOR
GRANT
RIGHTS
SERVICES
PLAYERS
INC
SHALL
PAY
PLAYER
5000
IS
THAT
CONSISTENT
WITH
YOUR THAT
UNDERSTANDING TOPPS
OF
WHAT THE
WAS
IN
CONSIDERATION
WAS PAYING
EXCHANGE
FOR
FORM AND
MR LECLAIR
LEADING
OBJECTION
IM
QUESTION
IS
SORRY
COULD YOU REPEAT
THE
IT
YOUR
UNDERSTANDING GRANT OF
THAT
TOPPS
WAS
PAYING
5000
FOR BOTH
RIGHTS
70
FRISS
AND
HIGHLY
CONFIDENTIAL
SERVICES
FOR
MR CRAIG
OBJECTION FORM
MR LECLAIR
LEADING
YES
DO YOU KNOW WHETHER HAS
TOPPS
ENTERED DEALS
INTO
SIMILAR RETIRED
INDIVIDUAL
DESIGNATED
WITH
PLAYERS
YES
10 11 12 13
14
AND IS WHAT IS INDIVIDUAL
OF
IT
YOUR
UNDERSTANDING
AS
YOUR UNDERSTANDING RETIRED PLAYER
TO WHETHER THOSE
DEALS
CONTAINED
GRANT
RIGHTS
MR LECLAIR
ITRS MY
OBJECTION
TO THAT
FORM
THEY
TO
15 16 17 18 19 20 21 22 23 24
UNDERSTANDING RIGHTS
IN
ALWAYS
THE
INCLUDE
GRANT OF
ADDITION
GRANT OF
SERVICES
OKAY
DESIGNATED DEALS
DOES
TOPPS
DO
INDIVIDUAL
WITH
ACTIVE
PLAYERS
YES
WHAT IS WHETHER THOSE WITH ACTIVE
YOUR
UNDERSTANDING DESIGNATED GRANT OF
THAT
AS
TO
INDIVIDUALLY CONTAIN
DEALS
PLAYERS
RIGHTS
THEY DO
ITS NOT
MY
UNDERSTANDING
25
71
FRISS
HIGHLY
DOES
CONFIDENTIAL
HAS TOPPSR
OKAY
YOUR
TOPPS
TO
WHAT IS ABILITY
LIKE
TO
POSITION TRADING
WITH
RESPECT
MAKE
CARD OF
AN TO
RETIRED INDIVIDUALLY
YOUR
PLAYER
ROGER CRAIG
DEAL LIKE
ABSENT
NEGOTIATED
EXHIBIT
DECLARATION OBJECTION
AND
MR LECLAIR
ITFS HAS
10 11 12 13
14
FORM
IT
MY
UNDERSTANDING
ALWAYS
BEEN
THAT
WE CANNOT MAKE THE
TRADING INDIVIDUALLY
CARD FROM
UNLESS
THAT
WE OBTAIN
RIGHTS
RETIRED
PLAYER
WHICH WE HAVE TO
DO THROUGH
OF
NELPA
RETIRED
WE HAVE
NEVER PUBLISHED WITHOUT AND DOING
PICTURE
PLAYER
THAT
TO BE
OKAY
HERE THAT
WANT
VERY
CLEAR
15 16 17 18 19 20 21 22 23 24 25
WERE TALKING
PUT
WANT TO PUT
ISSUE RIGHT OF OR
ASIDE
JUST RIGHT
ASIDE
THE
AUTOGRAPHS
LACK
OF
FOCUSING
TO
ON TOPPS
MAKE
TRADING IMAGE
IS
CARD BEARING
RETIRED
PLAYERS ETCETERA
RIGHT TO
NAME
WHAT DO
SO
STATISTICAL POSITION
INFORMATION
ABOUT
ITS
TOPPS
AN
ABSENT
LIKE
INDIVIDUALLY
TO
NEGOTIATED
DEAL
EXHIBIT
YOUR
DECLARATION
MR LECLAIR NO
WE
OBJECTION
THE
TO RIGHT
FORM
TO
DONT HAVE
DO
72
FRISS
HIGHLY
CONFIDENTIAL
SO
OKAY
DECLARATION
UNDER THE ACQUIRED
NFL 2004 THE
TURNING
BACK TO
IT
YOUR
PARAGRAPH FOUR LICENSE
SAYS
THUS
ACTIVE
AGREEMENT
TOPPS OF
GROUP LICENSING
RIGHTS
PLAYERS
ONLY
IS
THAT
CONSISTENT
WITH
YOUR
UNDERSTANDING
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
TODAY YES
AND HAVE YOU
EVER HAD
THAT 2004
DIFFERENT WERE LICENSE
UNDERSTANDING
THAT
ABOUT
THE
RIGHTS
TOPPS
ACQUIRED
UNDER THE
AGREEMENT
NO
THE MY NEXT
SENTENCE
STATES
PAID
IT
BY
WAS
BELIEF
THAT 2004
ANY
CONSIDERATION
TOPPS
UNDER THE
FOR THE
LICENSE
OF
AGREEMENT WAS NOT PAID
RIGHTS
IS
RETIRED
PLAYERS
CONSISTENT WITH
THAT
STATEMENT
YOUR
UNDERSTANDING
TODAY
YES
MR LECLAIR
YES
AND HAS
THAT
OBJECTION
LEADING
ALWAYS BEEN YOUR
81
CERTIFICATE
STATE
OF
NEW YORK
SS
COUNTY OF NEW YORK
SOPHIE WITHIN
AND FOR
NOLAN
THE
NOTARY
OF
PUBLIC
DO
STATE
NEW YORK
HEREBY CERTIFY
10 11 12 13 14 15 16
17
THAT
WARREN FRISS
IS
THE
WITNESS
SET
WHOSE DEPOSITION
HEREIN
BEFORE
FORTH
WAS
DULY
IS
SWORN BY ME AND THAT TRUE
BY
SUCH
DEPOSITION TESTIMONY
RECORD OF THE
GIVEN FURTHER
SUCH WITNESS
THAT AM NOT TO AND THE THIS THAT
CERTIFY
OF
RELATED ACTION
AM THIS IN
TO BY
ANY
THE
PARTIES
BLOOD OR MARRIAGE
IN
18 19 20 21 22 23 24 25
NO WAY INTERESTED
OUTCOME OF
MATTER
IN
WITNESS
WHEREOF
14TH
HAVE HEREUNTO
SET
MY
HAND THIS
DAY OF APRIL
2008
SOPHIE
NOLAN
]]>
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