Parrish et al v. National Football League Players Incorporated

Filing 432

Declaration of MOLLY DONOVAN in Support of 431 MOTION in Limine DEFENDANTS MOTION IN LIMINE NO. 6 TO EXCLUDE THE TESTIMONY OF PETER RHEE AND TO EXCLUDE FROM EVIDENCE THE SUMMARY EXHIBITS PREPARED BY MR. RHEE 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)(Related document(s) 431 ) (Padnos, Todd) (Filed on 10/8/2008)

Parrish et al v. National Football League Players Incorporated

Doc. 432

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Todd Padnos (Bar No. 208202) [e-mail] DEWEY & LEBOEUF LLP One Embarcadero Center, Suite 400 San Francisco, CA 94111 Tel: [phone]; Fax: [phone] Jeffrey L. Kessler (pro hac vice) [e-mail] David G. Feher (pro hac vice) [e-mail] David Greenspan (pro hac vice) [e-mail] DEWEY & LEBOEUF LLP 1301 Avenue of the Americas New York, NY 10019 Tel: [phone]; Fax: [phone] Kenneth L. Steinthal (pro hac vice) [e-mail] WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Tel: [phone]; Fax: [phone] Bruce S. Meyer (pro hac vice) [e-mail] WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, NY 10153 Tel: [phone]; Fax: [phone] Attorneys for Defendants National Football League Players Association and National Football League Players Incorporated d/b/a Players Inc UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BERNARD PAUL PARRISH, HERBERT ANTHONY ADDERLEY, WALTER ROBERTS III, Plaintiffs, v. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a/ PLAYERS INC, Defendants. Case No. C 07 0943 WHA DECLARATION OF MOLLY DONOVAN IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO. 6

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Dewey & LeBoeuf LLP

Declaration of Molly Donovan In Support of Defendants' Motion in Limine No. 6

Civ. Action No. C07 0943 WHA

Dockets.Justia.com

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

DECLARATION OF MOLLY DONOVAN I, Molly Donovan, hereby declare as follows: 1. I am an attorney with Dewey & LeBoeuf LLP, attorneys for Defendants National Football League Players Association ("NFLPA") and National Football League Players Incorporated d/b/a Players Inc ("Players Inc") in this action. I am a member of the bar of the State of New York and am admitted to practice before this Court pro hac vice. I make this Declaration in support of Defendants' Motion in Limine No. 6 to Exclude the Testimony of Peter Rhee and to Exclude from Evidence the "Summary" Exhibits Prepared by Mr. Rhee. 2. I have personal knowledge of each of the facts stated herein, and if called to testify, could and would testify completely hereto. 3. Attached hereto as Exhibit 1 is a true and correct copy of Plaintiffs' Proposed Trial Exhibit 1239 entitled "Historic Teams NFL Teams Featured in Madden 03-PC." 4. Attached hereto as Exhibit 2 is a true and correct copy of Plaintiffs' Proposed Trial Exhibit 1240 entitled "Samples of `Scrambled' Class Members Madden Xbox 2003-2007." 5. Attached hereto as Exhibit 3 is a true and correct copy of Plaintiffs' Disclosure of Issues on which They Will Offer Expert Testimony in Support of their Case-inChief, dated April 25, 2008. 6. Attached hereto as Exhibit 4 is a true and correct copy of an email from Bernard Parrish, dated November 7, 2006, bearing bates number CLASS 003725. 7. Attached hereto as Exhibit 5 is a true and correct copy of a letter from Roy Taub of Dewey & LeBoeuf LLP, dated March 28, 2008. 8. Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the transcript of the deposition of Bernard Paul Parrish, taken on March 13, 2008. 9. Attached hereto as Exhibit 7 is a true and correct copy of Plaintiffs' Supplemental Responses and Objections to Defendants' Fourth Set of Interrogatories, dated June 3, 2008. 10. Attached hereto as Exhibit 8 is a true and correct copy of the Supplemental Report of Daniel A. Rascher, dated August 27, 2008.
Declaration of Molly Donovan In Support of Defendants' Motion in Limine No. 6 Civ. Action No. C07 0943 WHA

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Dewey & LeBoeuf LLP

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

11. Attached hereto as Exhibit 9 is a true and correct copy of the Reply Report of Daniel A. Rascher, June 26, 2008.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: September 25, 2008

_________/s/_______________ Molly Donovan

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Dewey & LeBoeuf LLP