Parrish et al v. National Football League Players Incorporated

Filing 462

Declaration of David Greenspan in Support of Defendants' Oppositions to Plaintiffs' Motions in Limine No. 1 Through 10 filed byBernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Attachments: # 1 Exhibit 1 to Greenspan Declaration, # 2 Exhibit 2 to Greenspan Declaration, # 3 Exhibit 3 to Greenspan Declaration, # 4 Exhibit 4 to Greenspan Declaration, # 5 Exhibit 5 to Greenspan Declaration, # 6 Exhibit 6 to Greenspan Declaration, # 7 Exhibit 7 to Greenspan Declaration, # 8 Exhibit 8 to Greenspan Declaration, # 9 Exhibit 9 to Greenspan Declaration, # 10 Exhibit 10 to Greenspan Declaration, # 11 Exhibit 11 to Greenspan Declaration, # 12 Exhibit 12 to Greenspan Declaration, # 13 Exhibit 13 to Greenspan Declaration, # 14 Exhibit 14 to Greenspan Declaration, # 15 Exhibit 15 to Greenspan Declaration, # 16 Exhibit 16 to Greenspan Declaration, # 17 Exhibit 17 to Greenspan Declaration)(Hilbert, Ryan) (Filed on 10/8/2008)

Parrish et al v. National Football League Players Incorporated

Doc. 462

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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 DAVID GREENSPAN IN SUPPORT OF DEFENDANTS' OPPOSITIONS TO PLAINTIFFS' MOTIONS IN LIMINE NO. 1 THROUGH 10

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Dewey & LeBoeuf LLP

Declaration of David Greenspan In Support of Defs.' Opp'ns to Pls.' Mots. in Limine 1 through 10

Civ. Action No. C07 0943 WHA

Dockets.Justia.com

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One Embarcadero Center, Suite 400 San Francisco, CA 94111

DECLARATION OF DAVID GREENSPAN I, David Greenspan, 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 my pro hac vice application in this matter was granted by the Court on August 3, 2007. I make this Declaration in support of Defendants' Oppositions to Plaintiffs' Motions in Limine No. 1 through 10. I have personal knowledge of each of the facts stated herein, and if called to testify, could and would testify completely hereto. 2. Attached hereto as Exhibit 1 are true and correct copies of excerpts of the transcript of the deposition of Herbert Adderley, dated February 20, 2008. 3. Attached hereto as Exhibit 2 are true and correct copies of excerpts from the transcript of the deposition of Bernard Parrish, dated March 13, 2008. 4. Attached hereto as Exhibit 3 are true and correct copies of excerpts from the transcript of the deposition of Walter Beach III, dated August 20, 2008. 5. Attached hereto as Exhibit 4 is a true and correct copy of a document produced by Plaintiffs, Bates numbered CLASS002713-2718, which was marked as Ex. 166 at the deposition of Patricia Allen. 6. Attached hereto as Exhibit 5 is a true and correct copy of a document produced by Plaintiffs, Bates numbered CLASS003161, which was marked as Ex. 377 at the deposition of Bernard Parrish. 7. Attached hereto as Exhibit 6 is a true and correct copy of a document produced by Plaintiffs, Bates numbered CLASS003725, which was marked as Ex. 2384 at the deposition of Bruce Laird. 8. Attached hereto as Exhibit 7 is a true and correct copy of a document produced by Plaintiffs, Bates numbered CLASS003005-3006. 9. Attached hereto as Exhibit 8 is a true and correct copy of Plaintiffs' Supplemental Responses and Objections to Defendants' Fourth Set of Interrogatories, dated June
Declaration of David Greenspan In Support of Defs.' Opp'ns to Pls.' Mots. in Limine 1 through 10 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

3, 2008. 10. Attached hereto as Exhibit 9 is a true and correct copy of a letter from Joseph Wetzel to Ryan Hilbert, dated August 29, 2007. 11. Attached hereto as Exhibit 10 are true and correct copies of excerpts of the transcript of the deposition of Eugene Upshaw, dated February 13, 2008. 12. Attached hereto as Exhibit 11 is a true and correct copy of an excerpt of Defendant National Football League Players Association's Responses and Objections to Plaintiffs' Third Request for Production of Documents, dated April 14, 2008. 13. Attached hereto as Exhibit 12 is a true and correct copy of an excerpt of Defendant Players Inc's Responses and Objections to Plaintiffs' Second Request for Production of Documents, dated April 14, 2008. 14. Attached hereto as Exhibit 13 is a true and correct copy of a letter from Jason Clark to Ryan Hilbert, dated May 20, 2008. 15. Attached hereto as Exhibit 14 is a true and correct copy of a letter from Jason Clark to Lewis LeClair, dated June 2, 2008. 16. Attached hereto as Exhibit 15 is a true and correct copy of a letter from Brett Charhon to Jason Clark, dated June 4, 2008. 17. Attached hereto as Exhibit 16 is a true and correct copy of a document produced by Defendants in this case, Bates numbered PI090965-PI091012, which was marked as Exhibit 99 at the deposition of Glenn Eyrich. 18. Attached hereto as Exhibit 17 is a true and correct copy of the Preamble to the NFL Collective Bargaining Agreement, dated March 8, 2006. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: October 8, 2008

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Dewey & LeBoeuf LLP

____/s/_David Greenspan_____ David Greenspan

-2Declaration of David Greenspan In Support of Defs.' Opp'ns to Pls.' Mots. in Limine 1 through 10 Civ. Action No. C07 0943 WHA

Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Ryan S. Hilbert hereby attests that concurrence in the filing of this document has been obtained.