Parrish et al v. National Football League Players Incorporated

Filing 456

OBJECTIONS to DEFENDANTS OBJECTIONS TO PLAINTIFFS EXHIBITS by National Football League Players Incorporated, National Football League Players Association. (Padnos, Todd) (Filed on 10/8/2008)

Parrish et al v. National Football League Players Incorporated

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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.
Defendants' Objections to Plaintiffs' Exhibits Civ. Action No. C07 0943 WHA

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Case No. C 07 0943 WHA DEFENDANTS' OBJECTIONS TO PLAINTIFFS' EXHIBITS

Dockets.Justia.com

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DEFENDANTS' OBJECTIONS TO PLAINTIFFS' EXHIBITS Pursuant to Fed. R. Civ. P. 26(a)(3)(B) and this Court's Guidelines for Trial and Final Pretrial Conference in Civil Jury Cases, and the agreement and understanding of the parties, Defendants reserve the right to object to exhibits on Fed. R. Evid. 402, 403, and foundation grounds based on their particular use at trial. Defendants further reserve their right to supplement or modify their objections based on circumstances as they may evolve prior to the commencement of trial, including but not limited to Motions in Limine or any other pre-trial motions or objections. Exhibit No. 3 4 5 7 8 Description 00/00/2006 NFLPlayers.com Website (D. Allen Deposition, Ex. 3) [No Bates] 07/20/2007 Frequently Asked Questions (Players, Inc. Website) (D. Allen Deposition, Ex. 4) [PI027307 - PI027310] 00/00/2006 NFLPlayers.com Website (D. Allen Deposition, Ex. 5) [No Bates] 00/00/2006 NFLPlayers.com Website (D. Allen Deposition, Ex. 7) [No Bates] 12/00/1994 Articles of Amendment, National Football League Players, Inc. (D. Allen Deposition, Ex. 8) [PI000003 PI000004] 03/03/1987 Articles of Incorporation as amended re: Professional Athletes Foundation (D. Allen Deposition, Ex. 10) [PI000011 - PI000018] 03/00/1994 National Football League Players Association Constitution (D. Allen Deposition, Ex. 11) [PI027327 - PI027346] 05/25/2006 Memorandum from D. Allen and D. Ridley to NFLPA Contract Advisors attending 2006 seminar re: NFL Sponsorship Agreement and Its Effect on Club Sponsorships and Agent Obligations (D. Allen Deposition, Ex. 12) [PI059656 PI059663] 08/19/2004 NFL and Players Inc. Information Worksheet (D. Allen Deposition, Ex. 13) [PI016128 - PI016132] 01/15/1993 NFL Players Association Retired Player Group Licensing Authorization Form signed by H. Adderley (D. Allen Deposition, Ex. 16) [No Bates] Objection Authenticity

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dewey & LeBoeuf LLP

Authenticity Authenticity

10

11 12

13 16

Defendants' Objections to Plaintiffs' Exhibits

-

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Exhibit No. 17

Description 12/24/1996 NFL Players Association Retired Player Group Licensing Authorization Form signed by H. Adderley (D. Allen Deposition, Ex. 17) [No Bates] 00/00/0000 NFL Players Association Retired Player Group Licensing Authorization Forms, unsigned, with attached Positive Accomplishments of the NFLPA Retired Players Organization (D. Allen Deposition, Ex. 18) [No Bates] 05/01/2001 NFL Players Association Retired Player Group Licensing Authorization Form signed by H. Adderley (D. Allen Deposition, Ex. 19, Adderley Deposition, Ex. 167, Eyrich Deposition, Ex. 86) [PI000002] 11/23/2002, 10/04/2003, 12/15/2003 Various NFL Players Association Retired Player Group Licensing Authorization Forms signed by: Chuck Bednarik, 11/23/2002; Reggie Berry, 10/04/2003; Al Bemiller, 12/15/2003; Kevin Greene (D. Allen Deposition, Ex. 21) [PI027509; PI027535; PI027524; PI000149] 00/00/0000 Letter from D. Allen to NFLPA Member requesting members to sign a new Group Licensing Assignment (D. Allen Deposition, Ex. 23) [No Bates] 07/05/2000 Addendum (to License Agreement between Electronic Arts and Players Inc.) (D. Allen Deposition, Ex. 24) [PI000128 - PI000132] 10/17/2002 Letter from R. Gonzales, Electronic Arts, to D. Allen re: Notice of Renewal (D. Allen Deposition, Ex. 25) [PI000127] 03/01/2001 License Agreement between Electronic Arts and National Football League Players Incorporated (D. Allen Deposition, Ex. 26, Linzner Deposition, Ex. 71) [PI000111 - PI000122] 03/01/2001 Amendment to License Agreement between Electronic Arts and National Football League Players Incorporated (D. Allen Deposition, Ex. 27) [PI000123 - PI000126] 03/01/2005 License Agreement between Electronic Arts Inc. and National Football League Players Incorporated (D. Allen Deposition, Ex. 28) [PI000055 - PI000071]

Objection Authenticity

18

Authenticity

19

21

Improper compilation

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28 27 26 25 24 23

Dewey & LeBoeuf LLP

Defendants' Objections to Plaintiffs' Exhibits

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Exhibit No. 29

Description 03/01/2004 License Agreement between Electronic Arts Inc. and National Football League Players Incorporated (D. Allen Deposition, Ex. 29) [PI000072 - PI000086] 03/01/2004 License Agreement between Electronic Arts Inc. and National Football League Players Incorporated (D. Allen Deposition, Ex. 30) [PI000087 - PI000099] 03/01/2001 Service Agreement between The Upper Deck Company, LLC and National Football League Players Incorporated and License Agreement between The Upper Deck Co., LLC and the National Football League Players Incorporated (D. Allen Deposition, Ex. 31) [PI007077 - PI007144] 03/01/2004 License Agreement between Upper Deck Company and National Football League Players Association (D. Allen Deposition, Ex. 32) [PI007159 PI007173] 03/01/2004 Service Agreement between The Upper Deck Company and National Football League Players Incorporated (D. Allen Deposition, Ex. 33) [PI007145 PI007158] 03/01/2000 License Agreement between The Topps Company, Incorporated and National Football League Players Association (D. Allen Deposition, Ex. 34) [PI006962 - PI006973] 10/14/2002 Amendment No. 1 to License Agreement between The Topps Company and National Football League Players Association (D. Allen Deposition, Ex. 35) [PI006985 - PI006987] 03/01/2004 License Agreement between The Topps Company, Inc. and National Football League Players Association (D. Allen Deposition, Ex. 36, Zucker Deposition, Ex. 393) [PI006231 PI006245] 03/01/2005 License Agreement between FatHead, Inc. and National Football League Players Incorporated (D. Allen Deposition, Ex. 37) [PI007869 - PI007881] 03/01/2005 License Agreement between Atari, Inc. and National Football League Players Incorporated (D. Allen Deposition, Ex. 38) [PI007575 - PI007589]

Objection

30

31

32

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38 37 36 35 34 33

Dewey & LeBoeuf LLP

Defendants' Objections to Plaintiffs' Exhibits

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Exhibit No. 39

Description 03/01/2001 License Agreement between Onfield Apparel Group, LLC and National Football League Players Incorporated (D. Allen Deposition, Ex. 39) [PI006429 PI006448; PI006528 - PI006532] 10/14/2005 Letter from N. Gibert, Reebok, to P. Adolph, Players Inc., enclosing copy of 03/01/2005 License Agreement between Onfield Apparel Group, LLC and National Football League Players Incorporated (D. Allen Deposition, Ex. 40) [PI006400 PI006428] 05/28/2003 Form LM-2 Labor Organization Annual Report of National Football League Players Association for period 03/01/2002 02/28/2003 (D. Allen Deposition, Ex. 41) [PI025593 - PI025652] 05/18/2004 Form LM-2 Labor Organization Annual Report of National Football League Players Association for period 03/01/2003 02/29/2004 (D. Allen Deposition, Ex. 42) [PI025653 - PI025708] 05/27/2005 Form LM-2 Labor Organization Annual Report of National Football League Players Association for period 03/01/2004 02/28/2005 (D. Allen Deposition, Ex. 43) [PI025709 - PI025768] 05/30/2006 Form LM-2 Labor Organization Annual Report of NFL Players Association for period 03/01/2005 - 02/28/2006 (D. Allen Deposition, Ex. 44 [PI025769 PI025785]; [PI025799 - PI025843]; [PI025858 - PI026000]; [PI026465 PI026527] 05/31/2007 Form LM-2 Labor Organization Annual Report of NFL Players Association for period 03/01/2006 - 02/20/2007 (Allen Deposition, Ex. 45) [PI026528 - PI026545]; [PI026561 - PI026600]; [PI026614 PI026644]; [PI027233 - PI027294] 08/01/2007 Confidential Memorandum from D. Allen to Screen Actors Guild National Board of Directors and Alternates re: Back Stage/Hollywood Reporter Articles of August 1, 2007 (D. Allen Deposition, Ex. 46) [ALLEN0001 - ALLEN0002] 08/02/2006 Email from E. Douglas to D. Allen re: Estimated Cash Flow Budget Projection (D. Allen Deposition, Ex. 47) [PI095108 - PI095120]

Objection Completeness

40

41

Completeness

42

Completeness

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47 46 45 44 43

Dewey & LeBoeuf LLP

Completeness

Completeness

Completeness

Hearsay

Defendants' Objections to Plaintiffs' Exhibits

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Exhibit No. 48

Description 03/20/2003 Letter from M. Maxman to B. Meyer re: Follow Up on Meeting in New York City on March 19, 2003 (D. Allen Deposition, Ex. 48) [PI095944 - PI095949] 08/04/2003 Email from V. Jenkins to V. Jenkins, P. Adolph, G. Upshaw, D. Allen, P. Allen re: Canton PowerPoint Presentation (attached) (D. Allen Deposition, Ex. 49) [PI095177 - PI095188] 05/31/2006 Email from M. Moore to D. Allen re: presentation; (D. Allen Deposition, Ex. 50) [PI095089 - PI095107] 08/18/2004 Email string from L. Lawson to D. Allen re: ESPN Videogames licensing questions (D. Allen Deposition, Ex. 51) [PI095363 - PI095367] 12/04/2003 Email from P. Adolph to D. Allen re: Retired Player Royalty Pool (D. Allen Deposition, Ex. 52) [PI095560] 04/29/2005 Email from C. Beavers to D. Allen, A. Collins, C. Walker re: Take Two letter.doc (attached) (D. Allen Deposition, Ex. 53) [PI095443 - PI095444] 05/16/2005 Email from C. Beavers to D. Allen, cc: A. Collins, C. Walker re: Retired Player GLA (D. Allen Deposition, Ex. 54) [PI095455] 05/31/2005 Email string from D. Allen to H. Skall re: Retired Player Convention Numbers (D. Allen Deposition, Ex. 55) [PI095658] 06/01/2006 License Agreement among Electronic Arts, Electronic Arts C.V., National Football Museum, Inc. dba The Pro Football Hall of Fame and National Football League Players Incorporated (D. Allen Deposition, Ex. 56) [PI000100 PI000110] 09/19/2002 Letter agreement from D. Allen to D. Malcolm, Microsoft Corporation, amending License Agreement (D. Allen Deposition, Ex. 57) [PI006060] 10/27/2006 Email string from D. Allen to B. Laird re: players inc. retired players (Allen Deposition, Ex. 58) [PI095661 - PI095662] 00/00/2004 National Football League Players Association 2004 - 2006 NFLPA Retired Members Directory (Linzner Deposition Ex. 64) [No Bates]

Objection Hearsay, completeness, settlement discussion (408)

49

50 51

Hearsay

52 53

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Dewey & LeBoeuf LLP

54

55

56

57

58 64

Authenticity, completeness

Defendants' Objections to Plaintiffs' Exhibits

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Exhibit No. 65

Description 03/01/2004 License Agreement between Electronic Arts Inc., Electronic Arts C.V. and National Football League Players Incorporated (Linzner Deposition Ex. 65) [EA000107 - EA000121] 11/24/2004 Fax cover page from J. Linzner to C. Walker attaching letter from J. Linzner to C. Walker re: License Proposal (Linzner Deposition, Ex. 66) [Pl101773 - Pl101776] 03/01/2005 License Agreement between Electronic Arts Inc., Electronic Arts C.V. and National Football League Players Incorporated (Linzner Deposition Ex. 67) [EA000090 - EA000106] 12/07/2004 Letter from J. Linzner to C. Walker re: Revised License Proposal (Linzner Deposition, Ex. 68) [Pl101781 PL101782] 12/07/2004 Letter from J. Linzner to C. Walker re: Revised License Proposal (Lizner Deposition, Ex. 69) [EA000518 EA000519] 03/01/2001 License Agreement between Electronic Arts and National Football League Players Incorporated (Linzner Deposition, Ex. 71) [PI000111 - PI000126] 07/05/2000 Ex. E - Addendum amending 03/01/1998 License Agreement between Electronic Arts and Players Inc. (Linzner Deposition, Ex. 72) [No Bates] 10/17/2007 Web page: http://www.easportsbig.com/games/nflstreet 2 (Linzner Deposition, Ex. 74) (No Bates] 06/01/2006 License Agreement between Electronic Arts Inc. and Electronic Arts C.V., National Football Museum, Inc. dba The Pro Football Hall of Fame and National Football League Players Incorporated (Linzner Deposition, Ex. 75) [EA000135 EA000145] 10/12/2004 Email chain from J. Linzner to C. Walker, cc: J. Nahra and L. Lawson re: Contract (Linzner Deposition, Ex. 78) [Pl116578 - Pl116580] 03/01/2004 License Agreement between Electronic Arts Inc. and National Football League Players Incorporated (Linzner Deposition, Ex. 79) [EA000122 EA000134]

Objection

66

Hearsay

67

68

Hearsay

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

69

Hearsay

Dewey & LeBoeuf LLP

71

72

Authenticity, completeness Authenticity, hearsay

74 75

78

Hearsay

79

Defendants' Objections to Plaintiffs' Exhibits

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Exhibit No. 80

Description 03/01/2006 License Agreement between Electronic Arts Inc. and Electronic Arts C.V. and National Football League Players Incorporated (Linzner Deposition, Ex. 80) [EA000057 - EA000076] 03/01/2006 License Agreement between Electronic Arts Inc. and National Football League Players Incorporated (Linzner Deposition, Ex. 81) [EA000077 EA000089] 12/00/1994 Articles of Amendment, National Football League Players, Inc. signed by D. Allen (Eyrich Deposition, Ex. 84) [Pl000003 - Pl000010] 02/28/2006 Financial Statements NFL Players Association, 03/01/2005 02/28/2006 (Eyrich Deposition, Ex. 85) [Pl096027 - Pl096087] 00/00/0000 Letter from G. Upshaw to S. Huff enclosing Group Licensing Authorization Agreement executed by S. Huff 02/29/2000 (Eyrich Deposition, Ex. 87) [No Bates] 00/00/0000 Ex. 3 - List of Players and Player Royalties (various dates from 06-172003 - 12/12/2006 (Eyrich Deposition, Ex. 88) [No Bates] 02/08/2008 Letter from D. Greenspan to R. Hilbert re: Parrish et al. v. Players Inc., et al.(Eyrich Deposition, Ex. 89) [No Bates] 02/28/2006 Amendment to the 03/01/2000 NFLPA - Players Inc Licensing Agreement (Eyrich Deposition, Ex. 91, Upshaw Deposition, Ex. 124, D. Allen Deposition, Ex. 15) [Pl000145 - Pl000146] 01/13/1995 Letter from D. Cooper to D. Allen enclosing signed opinion of Duff and Phelps Capital Markets Co. relating to analysis of licensing operations (Eyrich Deposition, Ex. 93, Upshaw Deposition, Ex. 126) [Pl131035 - Pl131052] 00/00/2005 Players Inc. document re FY 2005 (Eyrich Deposition, Ex. 94) [Pl102942 - Pl102976] 03/01/2000 Agreement between the National Football League Players Association and National Football League Players Incorporated (Eyrich Deposition, Ex. 95) [Pl000133 - Pl000144] 00/00/2002 Equal Share Licensing Royalty Distribution Criteria, Royalty Eligibility for 2002 Season, Payment During 2003 Season (Eyrich Deposition, Ex. 96) [Pl095951]

Objection

81

84

85

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

87

Dewey & LeBoeuf LLP

Authenticity, hearsay, social security number should be redacted Completeness

88

89 91

93

94 95

96

Defendants' Objections to Plaintiffs' Exhibits

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Exhibit No. 97

Description 02/28/2007 Financial Statements NFL Players, 03/01/2006 - 02/28/2007 (Eyrich Deposition, Ex. 97) [Pl095967 - PI095989; PI095991 - Pl096026] 10/09/2007 Declaration of Andrew Feffer In Support Of Defendants' Opposition To Plaintiffs' Motion For Leave To File A Third Amended Complaint with attachments (Eyrich Deposition, Ex. 98) [No Bates] 01/24/2001 Letter from R. Goodell to E. Upshaw re: Sponsorship Agreement (Eyrich Ex. 99) [Pl090965 - Pl090978; PI090980 PI091012] 5/27/2005 Form LM-2 Labor Organization Annual Report, Nat'l Football League Players Association for the period 03/01/2004 - 02/28/2005, (Eyrich Deposition Ex. 100) [CLASS 000653 CLASS 000712] 05/30/2006 Form LM-2 Labor Organization Annual Report, NFL Players Association, from 3/1/2005 through 2/28/2006 (Eyrich Deposition, Ex. 101) [Pl025769 - Pl026523; PI026525 - PI026527] 00/00/0000 Gross Licensing Revenues FY 2003 (Eyrich Deposition, Ex. 102) [No Bates] 00/00/0000 Gross Licensing Revenues FY 2004 (Eyrich Deposition, Ex. 103) [No Bates] 00/00/0000 Gross Licensing Revenues FY 2005 (Eyrich Deposition, Ex. 104) [No Bates] 00/00/0000 Gross Licensing Revenues FY 2006 (Eyrich Deposition, Ex. 105) [No Bates] 09/18/2006 2005 Royalty Eligibility Roster - Alpha by Name - Final (Eyrich Deposition, Ex. 107) [No Bates] 11/22/2002 NFL Players Association Retired Player Group Licensing Authorization Form signed by Herb Adderley (Upshaw Deposition, Ex. 110, Adderley Deposition, Ex. 168) [PI000001] 06/10/2003 Letter from Nahra to W. Eastman and R. Mix re: Retired NFL Player Group Licensing (Upshaw Deposition, Ex. 112) [Pl095694 - Pl095696] 06/20/2003 Form letter from G. Upshaw re: payment for use of retired players' names and images (Upshaw Deposition, Ex. 113) [PI095928]

Objection

98

99

Hearsay

100

Authenticity, completeness

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 113 112 110 105 107 103 104 102 101

Dewey & LeBoeuf LLP

Completeness

Best evidence, completeness Best evidence, completeness Best evidence, completeness Best evidence, completeness

Defendants' Objections to Plaintiffs' Exhibits

-8-

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Exhibit No. 114

Description 06/30/2005 Memorandum from P. Allen to G. Upshaw re: June 2005 Players Inc. Monthly Report (Upshaw Deposition, Ex. 114) [PI102401 - PI102402] 05/01/2007 Memorandum from A. Feffer to G. Upshaw re: April 2007 Players Inc. Monthly Report (Upshaw Deposition, Ex. 115) [PI102691 - PI102692] 01/15/2006 Article entitled "Ex-Players Say NFL Neglects Retirees; Hall of Famers League, Union Leader Fall Short in Providing Benefits," by C. Chandler, in The Charlotte Observer (Upshaw Deposition, Ex. 117) [CLASS 003000 - CLASS 003001] 11/09/2005 Retired Players Group Licensing Assignment signed by K. Greene (Upshaw Deposition, Ex. 118) [PI000148] 01/20/2006 Memorandum from G. Upshaw to NFLPA Retired Player Members re: The Truth About Retiree Benefits (Upshaw Deposition, Ex. 119) [CLASS 003007] 00/00/2006 NFLPlayers.com Website (Upshaw Deposition, Ex. 121) [No Bates] 07/20/2007 Mission Statement (Players, Inc. Website) (Upshaw Deposition, Ex. 122) [PI027324 - PI027326] 05/09/1994 Agreement between National Football League Players Association and National Football League Players Incorporated (Upshaw Deposition, Ex. 125, Eyrich Deposition, Ex. 92) [PI131018 PI131034] 02/03/2008 Article entitled "The Pain Game," by M. Leahy, in The Washington Post Magazine (Upshaw Deposition, Ex. 128) [No Bates] 01/31/2008 Article entitled "Upshaw: NFLPA won't take from current pensions to help ex-players," by M. Sando, on ESPN.com website (Upshaw Deposition, Ex.129) [No Bates] 00/00/0000 NFL Players Association Constitution (Upshaw Deposition, Ex. 131) [PI130995 - PI131008; PI131011 PI131015; PI131017] 00/00/0000 NFL Players Association Constitution (Upshaw Deposition, Ex. 132) [PI130970 - PI130994]

Objection

115

117

Authenticity, hearsay

118 119

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Completeness

Dewey & LeBoeuf LLP

121 122 125

Authenticity Authenticity

128

Hearsay

129

Hearsay, completeness

131

Completeness

132

Defendants' Objections to Plaintiffs' Exhibits

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Exhibit No. 133

Description 00/00/2007 NFLPA Constitution - Retired Players resolution re: removing from office leaders who engage in conduct detrimental to best interests of NFLPA (Upshaw Deposition, Ex. 133) [PI130969] 00/00/2006 Amendments to the NFLPA Constitution Regarding Retired Players (Upshaw Deposition, Ex. 134) [PI130966] 06/22/2006 Letter from H. Skall to P. Allen re: Skall's resignation effective 07/19/2006 (Skall Deposition, Ex. 139) [SKALL00001] 10/15/2000, 10/04/2002, 10/07/2004, 10/28/2003, 11/09/2005, NFL Players Association Group Licensing Assignments (Skall Deposition, Ex. 142) [PI000980, PI000174, PI011131, PI000147-PI000148] 07/18/2002 Letter from H. Skall to K. Hudson, cc: T. Murphy enclosing NFL 1003 form (Skall Deposition, Ex. 144) [PI068756 - PI068758] 04/08/2003 Letter from H. Skall to H. Adderley re: group licensing program (Skall Deposition, Ex. 148) [No Bates] 03/08/2006 Email from Wyman to Moore re FW: H. Adderley (Skall Deposition, Ex. 151) [No Bates] 09/13/2004 Email from S. Cox to L. Lawson re: conference call on ESPN Videogames Licensing questions (Skall Deposition, Ex. 152) [PI119769 PI119777] 00/00/0000 Letter from G. Upshaw to S. Huff enclosing Group Licensing Authorization Agreement signed by S. Huff, dated 02/29/2000 (H. Skall Deposition, Ex.153) [No Bates] 04/04/2006 Email from P. Adolph to H. Skall and D. Allen, cc: S. Wyman and M. Muneer, re: Jim Brown (Skall Deposition, Ex. 156) [PI130568 -PI130570] 06/14/2007 Letter from K. Skubick to S. Huff re: Playoff Corporation (P. Allen Deposition, Ex. 163) [CLASS 000305] 05/00/2004 May 2004 Players Inc. Monthly Departmental Reports 05/00/2004 (P. Allen Deposition, Ex. 170) [PI102273 PI102281] 09/00/2004 September 2004 Players Inc. Monthly Departmental Reports (P. Allen Deposition, Ex. 171) [PI102301 PI102309]

Objection

134 139 142

Improper compilation

144

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 171 163 170 156 153 152 148 151

Dewey & LeBoeuf LLP

Authenticity, completeness Authenticity Hearsay

Authenticity, hearsay, social security number should be redacted

Defendants' Objections to Plaintiffs' Exhibits

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Exhibit No. 172

Description 11/01/2001 Memorandum from P. Allen to G. Upshaw re: October 2001 Players Inc. Monthly Report (P. Allen Deposition, Ex. 172) [PI102057 - PI102058] 2/10/2003 Memorandum from P. Allen to G. Upshaw re: January 2003 Players Inc. Monthly Report (P. Allen Deposition, Ex. 173) [PI102074 - PI102075] 11/00/2005 Memorandum from P. Allen to G. Upshaw re: October 2005 Players Inc. Monthly Report (P. Allen Deposition, Ex. 174) [PI102433 - PI102434] 12/08/2005 Memorandum from P. Allen to G. Upshaw re: November 2005 Players Inc. Monthly Report (P. Allen Deposition, Ex. 175) [PI102415 - PI102417] 03/01/2007 License Agreement between The Topps Company and National Football League Players Association (Zucker Deposition, Ex. 394) [TOPPS003843 TOPPS003857] 03/01/2004 Service Agreement between The Topps Company, Inc. and the National Football Leage Players Incorporated (Zucker Deposition, Ex. 395) [PI006218 PI006230] 01/09/2008 Email from K. Skubick to E. Liebler, J. Vignier, M. Tomasco, and A. Zucker re: 2008 Veteran and Retired Players (Zucker Deposition Ex. 396) [TOPPS001385 - TOPPS001392] 05/17/2005 Email from L. Purgess to A. Zucker re: 50th FB Beckett/Tuff Stuff Ad (Zucker Deposition, Ex. 397) [TOPPS000341 - TOPPS000343] 05/20/2005 Email from L. Purgess to A. Zucker re: 50th FB Beckett/Tuff Stuff Ad (Zucker Deposition, Ex. 398) [TOPPS000344 - TOPPS000347; TOPPS000337] 01/25/2006 Email from S. Wyman to A. Zucker regarding Barry Sanders/Super Bowl (Zucker Deposition, Ex. 399) [TOPPS000540 - TOPPS000541] 09/21/2006 Email from E. Liebler to K. Bush and J. Vignier re: Terry Bender (Zucker Deposition, Ex. 400) [TOPPS001793 - TOPPS001795] 01/30/2007 Email from A. Zucker to K. Bush, K. Skubick and E. Liebler re: Super Bowl meeting (Zucker Deposition, Ex. 401) [TOPPS001112 - TOPPS001119]

Objection

173

174

175

394

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 401 400 399 398 397 396 395

Dewey & LeBoeuf LLP

Hearsay, Authenticity

Hearsay, Authenticity

Hearsay, Authenticity

Hearsay, Authenticity

Hearsay, Authenticity

Hearsay, Authenticity

Defendants' Objections to Plaintiffs' Exhibits

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Exhibit No. 402

Description 07/11/2007 Email from K. Skubick to E. Liebler, J. Vignier, A. Zucker, and M. Tomasco re: interested players (Zucker Deposition, Ex. 402) [TOPPS003026 TOPPS003027] 09/05/2007 Email from E. Liebler to A. Manolakas, A. Zucker, D. Airel, K. Bush, J. Vignier, N. Krzesny, B. Laudate, M. Tomasco, D. Morris and K. Skubick re: contracting football players (Zucker Deposition, Ex. 403) [TOPPS003073 TOPPS003075] 01/09/2008 Email from E. Liebler to K. Skubick, J. Vignier, M. Tomasco and A. Zucker regarding 2008 Offers to Veterans and Retired players (Zucker Deposition, Ex. 405) [TOPPS003405 - TOPPS003406] 00/00/0000 Trading Card Timeline (Zucker Deposition, Ex. 406) [TOPPS000539] 03/01/2000 Service Agreement between The Topps Company Incorporated and National Football League Players Incorporated (Friss Deposition, Ex. 408) [PI006974 - PI006984] 09/22/2004 Licensing Royalty Report Licensee: The Topps Company Inc., June August 2004 (Friss Depo Ex. 409) [TOPPS003874 - TOPPS003886] 03/27/2000 NFL Players Association Retired Players Licensing Authorization Form signed by V. Abbott (Nahra Deposition, Ex. 503) [PI027381] 10/24/2003 NFL Players Association Retired Players Licensing Authorization Form signed by A. Banks (Nahra Deposition, Ex. 504) [PI027474] 10/13/2003 NFL Players Association Group Licensing Agreement signed by J. Cheyonski (Nahra Deposition, Ex. 505) [PI027754] 4/12/2006 NFL Players Association Group Licensing Assignment signed by L. Aguiar (Nahra Deposition, Ex. 506) [PI027393] 06/01/2005 Email from C. Walker to D. Allen re: revisions to GLA (Nahra Deposition, Ex. 508) [PI095459]

Objection Hearsay, Authenticity

403

Hearsay, Completeness, Authenticity

405

Hearsay, Authenticity

406 408

Hearsay, Authenticity

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dewey & LeBoeuf LLP

409

Hearsay, Authenticity

503

504

505

506

508

Defendants' Objections to Plaintiffs' Exhibits

-12-

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 509

Description 06/01/2005 Email from E. Kelly to D. Allen re: reviewing GLA (Nahra Deposition, Ex. 509) [PI095460 - PI095461] 06/01/2005 Email from C. Walker to E. Kelly, P. Allen and J. Nahra re: language in current GLA (Nahra Deposition, Ex. 510) [PI134283]

Objection

510

511

06/01/2005 Email from J. Nahra to E. Kelly, Attorney-client P. Allen and C. Walker re: changes to privilege current GLA (Nahra Deposition, Ex. 511) [PI134284] 06/01/2005 Email from P. Allen to E. Kelly, C. Walker and J. Nahra advising GLA looks good (Nahra Deposition, Ex. 512) [PI134285] 12/17/2003 Email to D. Murray from J. Nahra re: FSC (Nahra Deposition, Ex. 513) [PI126728] 11/18/2003 Email to L. Lawson from C. Walker re: Follow Up/NFL Players Agreement Renewal Proposal royalty rates (Nahra Deposition, Ex. 514) [PI127268 PI127270] 03/22/2007 Email from J. Nahra to K. Haley and G. Gertzog re: Under Armour Ad (Nahra Deposition, Ex. 515) [PI129427 PI129429] 03/18/2005 Email to J. Nahra from P. Adolph re: Players Inc. License Agreement (Nahra Deposition, Ex. 516) [PI119245 PI119246] Hearsay

512

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

513

Dewey & LeBoeuf LLP

514

Hearsay

515

Hearsay

516

Hearsay, Completeness

518 519

10/05/2004 Email to J. Linzner, from C. Hearsay Walker, cc: J. Nahra re: Contract (Nahra Deposition, Ex. 518) [Pl116576 - Pl116577] 10/12/2004 Email chain from C. Walker to Hearsay H. Skall re: Contract (Nahra Deposition, Ex. 519) [Pl103832 - Pl103833] 05/23/2006 Redacted email chain from J. Kuntz to J. Nahra re: EA Contract (Nahra Deposition, Ex. 520) [Pl121569 - Pl121572] Hearsay

520

Defendants' Objections to Plaintiffs' Exhibits

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 521

Description 11/01/2007 Email to A. Feffer from J. Nahra re: Hall of Fame (Nahra Desposition Ex. 521) [PI126892 - PI126894] 11/01/2007 Email to P. Cairns from A. Feffer re issues with J. Clay (Nahra Deposition, Ex. 522) [PI121593 PI121594] 09/24/2003 Email chain from J. Nahra to D. Murray re: Fantasy Sports Championships (Nahra Deposition, Ex. 523) [Pl127288 Pl127290] 04/04/2003 Letter from C. Mehri and J. Cochran, Jr. to R. Berthelsen re: Players, Inc. Accounting Litigation (Berthelsen Deposition, Ex. 601) [Pl095688 - Pl095690] 06/10/2003 Letter from J. Nahra to W. Eastman and R. Mix re: Retired NFL Player Group Licensing (Berthelsen Deposition, Ex. 602) [Pl095694 - Pl095696] 07/23/2003 Redacted email chain from L. Delbene and T. Delbene to R. Berthelsen, cc: F. Vuono, C. Munson, T. Dalton re: GLA Rights (Berthelsen Deposition, Ex. 603) [Pl132613 - Pl132614] 12/02/2005 Email from P. Allen to D. Allen, C. Gaines, R. Berthelsen, C. Walker, J. Nahra re: Meeting w/Gene (Berthelsen Deposition, Ex. 604) [Pl103139] 06/16/2006 Email chain from G. Gertzog to D. Allen re: commercial agreement (Berthelsen Deposition, Ex. 605) [Pl129125 - Pl129128] 05/30/2006 Form LM-2 Labor Organization Annual Report, NFL Players Association, for period 03/01/2005 - 02/28/2006 (Berthelsen Deposition, Ex. 608) [Pl025769 - Pl025786] 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association, page 31-33 of 759, Schedule 13 - Membership Status (Berthelsen Ex. 609) [Pl025799 - Pl025801]

Objection Hearsay

522

Hearsay

523

Hearsay

601

Hearsay, settlement discussion (408)

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

602

Dewey & LeBoeuf LLP

603

Hearsay

604

605

Hearsay

608

Completeness

609

Completeness

Defendants' Objections to Plaintiffs' Exhibits

-14-

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 610

Description 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association, Page 37-38 of 759 (Berthelsen Ex. 610) [Pl025805 - Pl025806] 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association, pages 53-60 (Berthelsen Deposition, Ex. 611) [PI025821 PI025828] 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association, page 64 (Berthelsen Deposition, Ex. 612) [PI025832] 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association, Schedule 17 - Contributions, Gifts & Grants, pgs. 86-88 (Berthelsen Deposition, Ex. 613) [PI025854 - PI025856] 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association, Schedule 18 - General Overhead, pg. 90 (Berthelsen Deposition, Ex. 614) [PI025858] 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association, page 606 (Berthelsen Deposition, Ex. 615) [PI026374] 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association. Additional Information Summary, pages 757-759 (Berthelsen Deposition, Ex. 616) [PI026525 PI026527] 05/31/2007 Form LM-2 Labor Organization Annual Report of NFL Players Association for period 03/01/2006 - 02/28/2007, (Berthelsen Deposition, Ex. 617) [PI026528 - PI026546] 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association, Schedule 13 - Membership Status, pg. 34-35 (Berthelsen Deposition, Ex. 618) [PI026561 - PI026562]

Objection Completeness

611

Completeness

612

Completeness

613

Completeness

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 618 617 616 615 614

Dewey & LeBoeuf LLP

Completeness

Completeness

Completeness

Completeness

Completeness

Defendants' Objections to Plaintiffs' Exhibits

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Exhibit No. 619

Description 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association, Schedule 17 - Contributions, Gifts & Grants, pgs. 82-86 (Berthelsen Deposition, Ex. 619) [PI026609 PI026613] 00/00/0000 Form LM-2 Labor Organization Annual Report, NFL Players Association, Schedule 20 - Benefits, pgs. 763, 765-767 (Berthelsen Deposition, Ex. 620) [PI027290; PI027292 - PI027294] 03/31/2008 Credited Seasons Listing Pension Credited Seasons as of March 31, 2008 (Noll Deposition, Ex. 625) [No Bates] 03/31/2008 Nonvested Inactive Players (NFL Player Database - Pension Credited Seasons as of 03/31/1998) as of March 31, 2008 (Noll Deposition, Ex. 626) [No Bates] 03/31/2008 Retired Players (NFL Player Database - Pension Credited Seasons as of 03/31/1998) (Noll Deposition, Ex. 627) [No Bates] 03/31/2008 Deceased Players (NFL Player Database - Pension Credited Seasons as of 03/31/1998) (Noll Deposition, Ex. 628) [No Bates] 05/23/2003 NFL Players Association Retired Player Group Licensing Authorization Form signed by Walter Beach III (Beach Deposition, Ex. 639) [PI027504] 12/26/1996 NFL Players Association Retired Player Group Licensing Authorization Form signed by Walter Beach III 12/26/1996 (Beach Deposition Ex. 640) [No Bates] 00/00/0000 Madden 2007 Screenshot Player Management 65 Browns CB#33 (Beach Deposition Ex. 643) [No Bates] 00/00/0000 Walter Beach trading card (front and back) (Beach Deposition Ex. 644) [No Bates] 00/00/0000 Form Letter from G. Upshaw re: signing GLA [CLASS 001709] 03/01/2003 License Agreement between Flipp Sports and National Football League Players Incorporated [PI007946 - PI007958] 03/01/2004 License Agreement between Fox Interactive Media, LLC and National Football League Players Incorporated [PI007996 - PI008008]

Objection Completeness

620

Completeness

625 626

Completeness Completeness

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1002 644 1000 1001 643 640 639 628 627

Dewey & LeBoeuf LLP

Completeness

Completeness

Authenticity, Not produced in discovery Best Evidence, Not produced in discovery Authenticity

Defendants' Objections to Plaintiffs' Exhibits

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Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1003

Description

Objection

1004

1005

1006

1007 1008

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1009 1010

1011 1012

1013

1014

1015

1016

03/01/2004 License Agreement between Activa Consumer Promotions Inc. and National Football League Players Incorporated [PI007490 - PI007503] 03/01/2006 License Agreement between GameWear, Inc. and National Football League Players Incorporated [PI008047 PI008059] 03/01/2006 License Agreement between Activa Consumer Promotions Inc. and National Football League Players Incorporated [PI007461 - PI007474] 03/01/2004 License Agreement between Jamdat Mobile Inc. and National Football League Players Incorporated [PI008135 PI008147] 03/01/2006 License Agreement between Airplay and National Football League Players Incorporated [PI007514 - PI007526] 03/01/2004 License Agreement between K2 Licensing & Promotions and National Football League Players Incorporated [PI008188 - PI008200] 03/01/2003 License Agreement between Atari, Inc. and National Football League Players Incorporated [Pl007590 - Pl007602] 03/01/2006 License Agreement between Little Earth Productions, Inc. and National Football League Players Incorporated [PI008201 - PI008214] 02/22/2006 Email chain from C. Walker to Hearsay P. Caims, cc: J. Nahra re: HOF [EA000235 - EA000237] 03/01/2003 License Agreement between Fanball Interactive, LLC d/b/a Fanball.com and National Football League Players, Incorporated [Pl007823 - Pl1007834] 03/01/2004 License Agreement between MBI, Incorporated and National Football League Players Incorporated [Pl008242 Pl008254] 03/01/2003 License Agreement between The Merrick Mint and National Football League Players Incorporated [Pl006036 Pl006048] 03/01/2004 License Agreement between Motion Imaging Inc. and National Football League Players Incorporated [Pl006073 Pl006086] 03/01/2007 License Agreement between MVP Pics USA, LLC. and National Football League Players Incorporated [Pl005972 - Pl005984]
Civ. Action No. C07 0943 WHA

Dewey & LeBoeuf LLP

Defendants' Objections to Plaintiffs' Exhibits

-17-

1 2 3 4 5 6 7 8 9 10
One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1017

Description 03/01/2004 License Agreement between National Direct and National Football League Players Incorporated [Pl006087 Pl006099] 03/01/2005 License Agreement between USAOPOLY, Inc. and National Football League Players Incorporated [Pl007174 Pl007186] 03/01/2004 License Agreement between The Upper Deck Company and National Football League Players Incorporated [Pl007063 - Pl007076] 05/23/2008 Expert Report of Daniel A. Rascher [No Bates] 03/01/2003 License Agreement between USAOPOLY, Inc. and National Football League Players Incorporated [Pl007187 Pl007199] 02/28/2005 NFLPA Financial Statements (March 1, 2004 - February 28, 2005) [PI096088 - PI096117] 02/29/2004 NFLPA Financial Statements (March 1, 2003 - February 29, 2004) [PI096151 - PI096181] 02/28/2003 NFLPA Financial Statements (March 1, 2002 - February 28, 2003) [PI096215 - PI096243] 11/21/06 Letter from H. Henderson to E. Upshaw re NFL Europe Injury Protection [PI091011 - PI091012] 05/24/2001 Letter from L. Lawson to S. Felsen re: their new more effective system for updating player rosters [PI131161 PI131192] 00/00/0000 Letter from G. Upshaw to J. Settle re: signing a GLA to include him in planned video games [PI131193 PI131194] 07/29/2003 Letter from L. Lawson to M. Matthews re: payments to retired players for usage in the USAopoly board game [PI131156 - PI131157] 12/20/2005 Email from G. Upshaw to C. Walker re: deal memorandum [PI113820 PI113825] 00/00/0000 NFL Players- Arena Football League Players Association Overview Brochure [PI118258 - PI118284] 02/22/2006 Email from C. Walker to P. Cairns re: Hall of Famers Agreement [PI113599 - PI113602]

Objection

1019

1020

1021 1023

Hearsay

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1024 1025 1026 1027 1029

Completeness Completeness Completeness Hearsay

Dewey & LeBoeuf LLP

1030

1031

1032 1033 1034

Hearsay

Hearsay

Defendants' Objections to Plaintiffs' Exhibits

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Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1035 1036

Description 08/27/2007 Email from J. Nahra to K. Bush re: TKLegacy College Sets and Players [PI132121 - PI132134] 09/12/2000 Memorandum from S. Wyman to D. Allen re: Sony allowing retired players in GameDay 2001; 2001 03 13 Letter from G. Upshaw to L. Wilson re payment from Players Inc. for inclusion in video games [PI131430; [PI131809 - PI131810] 12/31/2005 EA Licensing Proposal; 05/10/2007 Email from B. Soroca to J. Goodstadt re: ESPN FF Print Ad for Approval; [PI101477 - PI101478]; [ PI101750] 00/00/0000 National Football League Players Incorporated's Brochure on Marketing and Sponsorship Opportunities [PI016146 - PI016169] 09/24/2003 Email from J. Nahra to D. Murray re: active players in the Fantasy Sports Championships 11/01/2007 Email chain from J. Nahra to A. Feffer re: Hall of Fame[PI120202 - PI120204; PI121038 PI121047 04/24/2006 Email from J. Nahra to P. Cairns re: Hall of Fame [PI113555 PI113558] 00/00/0000 Appendix H which attaches Equal Share Royalty History [PI141323 PI141324] 09/06/2006 Email from M. Hope to K. Bush re: OMJ License revisions [PI110786 PI110800] 11/16/2007 Email from N. Pozzi to W. Whalen re: Madden Roster [PI131863 PI131869] 09/21/2006 Email from K. Bush to N. Krzesny re player logo; 01/19/2006 Email from K. Bush to Q. Thomas re; Don Cockroft - Retired player from Cleveland Browns [PI132055 - PI132056]; [PI132111 - PI132112]] 09/08/2004 Email from S. Cox to H. Skall re: videogame licensing questions [PI132215 - PI132221] 06/16/2004 email from C. Walker to L. Pappano re WCOFF insurance [PI132432 PI132434] 00/00/0000 Players Inc. brochure on payments to players; 00/00/2004 Players Inc. brochure re 2004 [PI132619 PI132629]; [PI132671 - PI132697]

Objection Hearsay Improper Compilation

1037

Hearsay

1038

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1039

Hearsay

Dewey & LeBoeuf LLP

1040 1041 1042 1043 1044

Hearsay, Completeness Completeness Hearsay

Hearsay, Completeness, Improper Compilation

1045 1046 1047

Hearsay Hearsay Improper compilation

Defendants' Objections to Plaintiffs' Exhibits

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Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1048 1049 1050 1051 1052 1053

Description 05/22/2002 Email from H. Skall to A. Manolakas re: NFL Alumni "Legends" [PI132817 - PI132818] 03/15/2004 Email from P. Allen to C. Walker and P. Adolph re: Retired Player Licensing [PI132411 - PI132412] 01/02/2008 Email from A. Manolakas to D. Santos re: Super Bowl Hall of Fame Event [PI132441 - PI132451] 12/07/2006 Email from K. Bush to J. Nodland re: License Agreement renewal [PI114474 - PI114477] 12/08/2006 Email from R. Medina to J. Goodstadt re: USAOPOLY FY08 Licensing Agreement [PI110101] 02/25/2005 Email from I. Goldman to L. Lawson re: License Agreement between National Football League Players Incorporated and JAMDAT [PI117250 PI117251] 11/00/2006 Trading Cards and Collectibles Monthly Report [PI102641] 03/00/2007 Trading Cards and Collectibles Monthly Report [PI002696] 00/00/0000 Confidential Proposal for Players Inc. Extension - Proposed Terms for Amendment to Existing Agreement [PI113444] 02/28/2007 Email from K. Bush to J. Loeser re: License Agreement renewal [PI122023 PI122024] 08/18/2005 Email from J. Nahra to L. Lawson re: Players Inc./Atari, Inc. FY06 [PI117960 - PI117963] 01/05/2004 Email from L. Lawson to J. Nahra re: Players Inc. Agreement [PI121526 - PI1215333] 09/09/2003 Email from J. Nahra to L. Matiss, cc: L. Lawson, re: revised agreement Atari 2003 for Players Inc. [PI118043 - PI118046] 02/00/2008 Trading Cards and Collectibles Monthly Report [PI134520] 02/00/2007 Trading Cards and Collectibles Monthly Report [PI102738] 10/29/2007 Email from S. Sedberry to P. Adolph, cc: D. Keblin, re: Renewal Language [PI108400 - PI108401] 06/08/2004 Email from L. Lawson to L. Lunger re: revised agreement between SCEA and Players Inc. [PI115777]

Objection

Hearsay Hearsay Completeness Hearsay, Completeness

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1061 1062 1063 1064 1059 1060 1057 1058 1054 1055 1056

Dewey & LeBoeuf LLP

Hearsay

Hearsay, Completeness Hearsay Hearsay, Completeness

Hearsay Completeness

Defendants' Objections to Plaintiffs' Exhibits

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Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1065 1066

Description 09/15/2004 Email from L. Lawson to L. Lunger re: revised Players Inc. License Agreement [PI115104 - PI115113] 04/25/2005 Letter from K. Holden to J. Goodstadt re: License Agreement between Players Inc. and Photo File [PI108184 PI108185] 06/20/2005 Faxed Letter from J. Linzner to C. Walker re: License Extension [PI101753 - PI101755] 03/21/2007 Email from M. Kelly to K. Bush re: renewal of license for NFL trains [PI118351 - PI118353] 03/15/2006 Email from J. Goodstadt to K. Skubick re: License Agreement renewal [PI129423 - PI129426] 08/15/2005 Email from L. Lawson to C. Walker re: NFLPA/CBS SportsLine Licensing Proposal [PI129629 - PI129632] 03/01/2006 License Agreement between Yahoo Inc. and National Football League Players Incorporated [PI007340 - PI007354] 11/28/2006 Email from K. Bush to D. Allen re: trading card renewal terms [PI114745 PI114750] 00/00/0000 Letter from D. Allen to D. Mandelbrot re: License Extension Agreement between Yahoo Inc. and National Football League Players Incorporated [PI097744] 06/24/2005 Email from J. Goodstadt to P. Allen and C. Walker re: Proposal for exclusivity (Activa) [PI112068 - PI112069] 12/07/2006 Email from C. Healy at Healy Awards Inc. to K. Bush re: License Agreement renewal [PI114478 - PI114481] 00/00/0000 Letter from D. Allen to T. Moore re License Agreement extension between National Football League Players Incorporated and ESPN Internet Ventures [PI099341] 05/02/2006 Email from J. Nahra to T. Moore, cc: F. Golding, re: National Football League Players Incorporated's renewal agreement [PI113705 - PI113706] 10/09/2003 Letter from C. Fraelich to P. Adolph re: Request to extend License Agreement [PI097510 - PI097511] 11/19/2007 Email from J. Brenner to K. Bush re: MBI, Inc. license with Players, Inc. [PI100659]

Objection Hearsay Hearsay

1067 1068 1069 1070 1071 1072 1073

Hearsay Hearsay Hearsay Hearsay

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dewey & LeBoeuf LLP

Hearsay

1074 1075 1076

Hearsay Hearsay

1077

Hearsay, Completeness

1078 1079

Hearsay Hearsay

Defendants' Objections to Plaintiffs' Exhibits

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Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1080

Description

Objection

1081 1082

1083

1084

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1092 1093 1091 1090 1089 1087 1088 1086 1085

00/00/0000 Letters from D. Allen to Authenticity numerous companies re: License Agreement extension between National Football League Players Incorporated and their individual company [PI099340 - PI099346] 05/02/2005 Email from R. Phythian to L. Hearsay, Completeness Lawson re: confirmation of renewal [PI120970 - PI120973] 03/01/2004 License Agreement between Healy Awards and National Football League Players Incorporated [PI008122 PI008134] 03/01/2007 License Agreement between Healy Awards and National Football League Players Incorporated [PI007437 PI007449] 04/01/2003 License Agreement between John F. Turner and Company and National Football League Players Incorporated [PI008175 - PI008186] 03/01/2007 License Agreement between K2 Licensing & Promotions and National Football League Players Incorporated [PI007411 - PI007423] 03/01/2006 License Agreement between Donruss Playoff Corporation and National Football League Players Incorporated [PI007720 - PI007733] 03/01/2006 License Agreement between Merrick Mint and National Football League Players Incorporated [PI006022 - PI006035] 03/01/2006 License Agreement between Original Mini's, Inc. and National Football League Players Incorporated [PI006126 PI006138] 03/01/2007 License Agreement between Original Mini's, Inc. and National Football League Players Incorporated [PI006139 PI006151] 03/01/2005 License Agreement between PayDay Sports Inc. and National Football League Players Incorporated [PI006167 PI006179] 03/01/2005 License Agreement between Peter David and National Football League Players Incorporated [PI006205 - PI006217] 03/01/2006 License Agreement between Peter David and National Football League Players Incorporated [PI006180 - PI006192] 03/01/2005 License Agreement between Photo File and National Football League Players Incorporated [PI006246 - PI006258]

Dewey & LeBoeuf LLP

Defendants' Objections to Plaintiffs' Exhibits

-22-

Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1094 1095 1096

Description 03/01/2005 License Agreement between Photo File and National Football League Players Incorporated [PI006259 - PI006271] 03/01/2005 License Agreement between Photo File and National Football League Players Incorporated [PI006272 - PI006283] 03/01/2003 License Agreement between Pro Specialties Group and National Football League Players Incorporated [PI006321PI006334] 03/01/2006 License Agreement between Pro Specialties Group and National Football League Players Incorporated [PI006307PI006320] 03/01/2005 License Agreement between Pro Trade, Inc. and National Football League Players Incorporated [PI006335 - PI006347] 03/01/2006 License Agreement between Pro Trade, Inc. and National Football League Players Incorporated [PI007475 - PI007489] 03/01/2004 License Agreement between RC2 Brands, Inc. and National Football League Players Incorporated [PI006360 PI006373] 03/01/2006 License Agreement between RC2 Brands, Inc. and National Football League Players Incorporated [PI006386 PI006399] 03/01/2005 License Agreement between Sababa Toys and National Football League Players Incorporated [PI006556 - PI006569] 03/01/2006 License Agreement between SC Sports and National Football League Players Incorporated [PI006570 - PI006582] 03/01/2003 License Agreement between Serious USA and National Football League Players Incorporated [PI006598 - PI006610] 03/01/2004 License Agreement between Serious USA and National Football League Players Incorporated [PI006611 - PI006623] 03/01/2004 License Agreement between Sony Computer Entertainment America and National Football League Players Incorporated [PI006624 - PI006637] 03/01/2006 License Agreement between Specialty Board Games and National Football League Players Incorporated [PI006650 - PI006662] 03/01/2006 License Agreement between SportsLine.com, Inc. and National Football League Players Incorporated [PI006663 PI006677]

Objection

1097

1098 1099 1100

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1108 1107 1106 1104 1105 1102 1103 1101

Dewey & LeBoeuf LLP

Defendants' Objections to Plaintiffs' Exhibits

-23-

Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1109 1110 1111

Description 03/01/2006 License Agreement between STATS LLC and National Football League Players Incorporated [PI006781 - PI006793] 03/01/2005 License Agreement between Team Beans and National Football League Players Incorporated [PI006850 - PI006864] 03/01/2007 License Agreement between The Northwest Company and National Football League Players Incorporated [PI005985 - PI005997] 03/01/2007 License Agreement between The Topps Company and National Football League Players Incorporated [PI007368PI007382] 03/01/2004 License Agreement between THQ Wireless, Inc. and National Football League Players Incorporated [PI006919 PI006931] 03/01/2006 License Agreement between THQ Wireless, Inc. and National Football League Players Incorporated [PI006904 PI006917] 03/01/2005 License Agreement between TMP International, Inc. and National Football League Players Incorporated [PI006932 - PI006946] 03/01/2003 License Agreement between Transport Graphics, Inc. and National Football League Players Incorporated [PI006999 - PI007011] 03/01/2003 License Agreement between Trends International, Inc. and National Football League Players Incorporated [PI007038 - PI007049] 03/01/2004 License Agreement between Trends International Inc. and National Football League Players Incorporated [PI007024 - PI007037] 03/01/2007 License Agreement between Trends International Inc. and National Football League Players Incorporated [PI007327 - PI007339] 03/01/2006 License Agreement between UPI Marketing, Incorporated and National Football League Players Incorporated [PI007397 - PI007410] 01/01/2006 License Agreement between Upper Class Collectibles, LLC and National Football League Players Incorporated [PI007050 - PI007062]

Objection

1112

1113

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1114

Dewey & LeBoeuf LLP

1115

1116

1117

1118

1119

1120

1121

Defendants' Objections to Plaintiffs' Exhibits

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Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1122

Description

Objection

1123

1124

1125

1126

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1135 1134 1133 1130 1132 1129 1128 1127

03/01/2007 License Agreement between USAOPOLY, Inc. and National Football League Players Incorporated [PI007355 PI007367] 03/01/2005 License Agreement between VF Imagewear, Inc. and National Football League Players Incorporated [PI007200 PI007212] 03/01/2003 License Agreement between Vulcan Sports Media, Inc. d/b/a The Sporting News and National Football League Players Incorporated [PI006878 PI006891] 03/01/2006 License Agreement between Vulcan Sports Media, Inc. and National Football League Players Incorporated [PI006865 - PI006877] 03/01/2003 License Agreement between Wilmington Products USA, Inc. d/b/a The Northwest Company and National Football League Players Incorporated [PI006113 PI006125] 03/01/2005 License Agreement between Wilmington Products USA, Inc. d/b/a The Northwest Company and National Football League Players Incorporated [PI006100 PI006112] 03/01/2004 License Agreement between Wincraft Inc. and National Football League Players Incorporated [PI007224 - PI007238] 03/01/2006 License Agreement between Winning Streak Sports, LLC and National Football League Players Incorporated [PI007251 - PI007264] 02/28/2006 Players Inc.'s Financial Completeness Statements 03/01/2005 - 02/28/2006 [PI096027 - PI096055] 07/25/2007 Letter from D. Santos to A. Wortzman re: Sterling Sharpe [PI031018 PI031019] 03/01/2003 License Agreement between All Sport Entertainment and National Football League Players Incorporated [PI008095 PI008108] 03/01/2005 License Agreement between America Online, Inc. and National Football League Players Incorporated [PI007561 PI007574] 03/01/2006 License Agreement between American City Business Journals, Inc. d/b/a Sporting News and National Football League Players Incorporated [PI007300 PI007312]
Civ. Action No. C07 0943 WHA

Dewey & LeBoeuf LLP

Defendants' Objections to Plaintiffs' Exhibits

-25-

1 2 3 4 5 6 7 8 9 10
One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1136 1137

Description 03/01/2006 License Agreement between AOL LLC and National Football League Players Incorporated [PI007549 - PI007560] 12/01/2005 License Agreement between Boelter Brands, LLC and National Football League Players Incorporated [PI007604 PI007616] 03/01/2007 License Agreement between Boelter Brands, LLC and National Football League Players Incorporated [PI007313 PI007326] 03/01/2005 License Agreement between Bradford Exchange and National Football League Players Incorporated [PI007617 PI007628] 03/01/2005 License Agreement between CDM Fantasy Sports, Inc. and National Football League Players Incorporated [PI007653 - PI007678] 03/01/2005 License Agreement between Commemorative Tickets.com and National Football League Players Incorporated [PI007679 - PI007691] 03/01/2005 License Agreement between Dallas Cowboys Merchandising and National Football League Players Incorporated [PI007692 - PI007704] 03/01/2005 License Agreement between Donruss Playoff Corporation and National Football League Players Incorporated [PI007734 - PI007747] 03/01/2007 License Agreement between Donruss Playoff Corporation and National Football League Players Incorporated [PI007705 - PI007719] 03/01/2006 License Agreement between ESPN/Starwave Partners d/b/a ESPN Internet Venture and National Football League Players Incorporated [PI007760 PI007773] 03/01/2006 License Agreement between Excalibur Electronics, Inc. and National Football League Players Incorporated [PI007424 - PI007436] 03/01/2006 License Agreement between F&W Publications, Inc. and National Football League Players Incorporated [PI008021 - PI008033] 03/01/2003 License Agreement between Fantasy Sports Championships and National Football League Players Incorporated [PI007835 - PI007868]

Objection

1138

1139

1140

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1141

Dewey & LeBoeuf LLP

1142

1143

1144

1145

1146

1147

1148

Defendants' Objections to Plaintiffs' Exhibits

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Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1149

Description 03/01/2005 License Agreement between Fox Sports Interactive Media, LLC and National Football League Players Incorporated [PI007983 - PI007995] 03/01/2006 License Agreement between Fox Interactive Media, Inc. and National Football League Players Incorporated [PI007970 - PI007982] 03/01/2005 License Agreement between Gracelyn, Inc. and National Football League Players Incorporated [PI008060 PI008073] 03/01/2006 License Agreement between Head2Head Sports LLC and National Football League Players Incorporated [PI008109 - PI008121] 00/00/2003 GLR FY03 Calculation.xls [Native file] [PI095953] 00/00/2004 GLR FY04 Calculation.xls [Native file] [PI095955] 00/00/2005 GLR FY05 Calculation.xls [Native file] [PI095954] 00/00/2006 GLR FY06 Calculation.xls [Native file] [PI095963] 00/00/2007 GLR FY07 Calculation.xls [Native file] [PI095952] 00/00/2007 GLR Received thru 11-3007.xls [Native file] [PI095959] 09/11/2003 royaltyeligibility2002qualified FY03 Pool.xls [Native file] [PI095961] 00/00/0000 Royalty2003 Season FY04 pool.xls [Native file] [PI095956] 09/18/2006 royaltyeligibility2005qualified FY06 Pool.xls [Native file] [PI095957] 09/05/2007 royaltyeligibility2006qualified FY07 Pool.xls [Native file] [PI095958] 00/00/0000 Retired Player Group Licensing Authorization Forms [PI027379 PI030996] 05/30/2006 Form LM-2 Labor Organization Annual Report for period 03/01/2005 02/28/2006 [PI025769 - PI026527] 05/31/2007 Form LM-2 Labor Organization Annual Report for period 03/01/2006 02/28/2007 [PI026528 - PI027294] 12/20/2007 National Football League Players Association's Responses and Objections to Plaintiff's First Set of Interrogatories (with verification of Andre Collins) [No Bates]

Objection

1150

1151

1152

1153 1154 1155 1156 1157 1158 1160 1161 1162 1163 1164 1165 1166 1167

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dewey & LeBoeuf LLP

Improper compilation Completeness Completeness

Defendants' Objections to Plaintiffs' Exhibits

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Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1168

Description 12/20/2007 National Football League Players Incorporated's Responses and Objections to Plaintiff's First Set of Interrogatories (with verification of Andrew Feffer) [No Bates] 01/10/2007 National Football League Players Incorporated's Responses and Objections to Plaintiff's Second Set of Interrogatories [No Bates] 01/22/2007 National Football League Players Incorporated's Responses and Objections to Plaintiff's Third Set of Interrogatories [No Bates] 01/22/2007 National Football League Players Association's Responses and Objections to Plaintiff's Second Set of Interrogatories [No Bates] 02/08/2008 Letter from D. Greenspan to R. Hilbert re: supplemental responses to interrogatories 3 - 8 [No Bates] 02/27/2008 Defendants' Supplemental Responses and Objections to Plaintiffs' Amended Interrogatories [No Bates] 05/23/2008 National Football League Players Association's Responses and Objections to Plaintiff's Third Set of Interrogatories [No Bates] 05/23/2008 Players Inc.'s Responses and Objections to Plaintiffs' Fourth Set of Interrogatories [No Bates] 08/01/2007 Players Inc.'s Responses and Objections to Plaintiffs' First Set of Requests for Admissions [No Bates] 08/16/2007 National Football League Players Association's Responses and Objections to Plaintiffs' First Set of Requests for Admissions [No Bates] 12/10/2007 National Football League Players Association's Responses and Objections to Plaintiffs' Second Set of Requests for Admissions [No Bates] 12/10/2007 Players Inc.'s Responses and Objections to Plaintiffs' Second Set of Requests for Admission [No Bates] 05/23/2008 National Football League Players Association's Responses and Objections to Plaintiffs' Third Set of Requests for Admissions [No Bates] 05/23/2008 Players Inc.'s Responses and Objections to Plaintiffs' Third Set of Requests for Admission [No Bates]

Objection

1169

1170

1171

1172 1173 1174

Completeness

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1181 1180 1179 1178 1176 1177 1175

Dewey & LeBoeuf LLP

Defendants' Objections to Plaintiffs' Exhibits

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Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1182

Description 02/16/2007 New York Times Article "Upshaw Maintains Royalties Were Distributed Properly" by Alan Schwarz [CLASS003005 - CLASS 003006] 05/31/2001 Letter from L. Lawson to J. Strauser regarding scrambling players' identities for use in video games [PI131529 - PI131530] 08/08/2005 Email from J. Strauser to J. Luhr, cc: R. Ferwerda re: NFL Record book (in Madden) question [EA000153 EA000156] 00/00/2006 "Development of a Scale to Measure Team Brand Associations in Professional Sport," by Stephen D. Ross, Jeffrey D. James, Patrick Vargas, Journal of Sport Management, 2006, Vol. 20, pages 260-279 [No Bates] 00/00/2001"Building Service brands via social identity: Lessons from the sports marketplace," by Robert Underwood, Edward Bond, Robert Baer, Journal of Marketing Theory and Practice, 2001, Vol. 9, Issue 1 [No Bates] 00/00/2005 "Brand management and the challenge of authenticity by Michael Beverland," The Journal of Product Brand Management, 2005, Vol. 14, No. 7, pages 460-461 [No Bates] 08/00/2000 "First Wave of Madden Invasion Hits As EA Ships Madden NFL 2001 For the PlayStation," in Market Wire, August, 2000; Game Website, easports.com [No Bates] 00/00/2006 "Tailgating, Sacks and Salary Caps: How the NFL Became the Most Successful Sports League in History", by Mark Yost, Chicago: Kaplan Publishing 2006, pages 123-124 [No Bates] 04/28/2008 Sports Illustrated cover [No Bates] 11/06/2006 "NBPA trades control of rights for guaranteed $25M a year", by John Lombardo [No Bates] 00/00/2006 The Business of Sports, A Primer for Journalists by Mark Conrad, Mahway: Lawrence Erlbaum Associates, Inc., 2006, page 167 [No Bates] 05/23/2008 mlbplayers.com website: Frequently Asked Questions [No Bates] 00/00/2007 Sport Promotion and Sales Management by Irwin et al; Chicago: Human Kinetics, 2007, page 11 [No Bates]

Objection Hearsay

1183

Authenticity, best evidence, completeness Hearsay

1184

1185

Hearsay, authenticity

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1186

Hearsay, authenticity

Dewey & LeBoeuf LLP

1187

Hearsay, authenticity

1188

Hearsay, authenticity

1189

Hearsay, authenticity

1190 1191 1192

Hearsay, completeness, authenticity Hearsay, authenticity Hearsay, completeness, authenticity Hearsay, authenticity Hearsay, completeness, authenticity

1193 1194

Defendants' Objections to Plaintiffs' Exhibits

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Civ. Action No. C07 0943 WHA

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

Exhibit No. 1195 1196 1197

Description 00/00/2004 The Business of Sports by Rosner, et al; Boston: Jones and Bartlett Publisher, pages 179-180 [No Bates] 00/00/2007 Sport Marketing by Mullin, et al; Champaign: Human Kinetics, 2007, pages 197, 199 [No Bates] 00/00/1999 Unpaid Professionals, Commercialism and Conflict in Big-Time College Sports by Andrew Zimbalist, Princeton University Press, 1999, page 137 [No Bates] 02/26/2007 "Banking on Hoops", by Michael Smith, Street & Smith's Sports Business Journal, 02/26/2007 [No Bates] 00/00/2005 Principles and Practice of Sport Management by Masteralexis, et al, Boston: Jones and Bartlett Publisher, 2005, page 71 [No Bates] 00/00/1989 The Theory of Industrial Organization by Tirole, Cambridge: The MIT Press, 1989, page 16 [No Bates] 12/31/2004 Major League Baseball Players Association, Statements of Assets and Liabilities, December 31, 2004 and 2003 [No Bates] 05/05/2008 "MLB Players receive labor peace dividend", by Eric Fisher and Liz Mullen, Street & Smith's Sports Business Journal, 05/05/2008 [No Bates] 00/00/2006 "Ricardian or Monopoly Rents? The Perspective of Potential Entrants", by Joseph Shaanan, Eastern Economic Journal, Winter 2006 [No Bates] 09/17/2007 "With Famed Players, Game Takes on Madden's Turf", by Seth Schiesel, nytimes.com [No Bates] 03/11/2008 "Take-Two gets a lump of coal for holiday quarter"