Parrish et al v. National Football League Players Incorporated
Filing
463
OBJECTIONS to Defendants' Trial Exhibits by Bernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Hilbert, Ryan) (Filed on 10/8/2008)
Parrish et al v. National Football League Players Incorporated
Doc. 463
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MANATT, PHELPS & PHILLIPS, LLP
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MANATT, PHELPS & PHILLIPS, LLP RONALD S. KATZ (Bar No. CA 085713) E-mail: rkatz@manatt.com RYAN S. HILBERT (California Bar No. 210549) E-mail: rhilbert@manatt.com NOEL S. COHEN (California Bar No. 219645) E-mail: ncohen@manatt.com 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: (650) 812-1300 Facsimile: (650) 213-0260 MCKOOL SMITH, P.C. LEWIS T. LECLAIR (Bar No. CA 077136) E-mail: lleclair@mckoolsmith.com JILL ADLER NAYLOR (Bar No. CA 150783) E-mail: jnaylor@mckoolsmith.com 300 Crescent Court Dallas, TX 75201 Telephone: (214) 978-4984 Facsimile: (214) 978-4044 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT SAN FRANCISCO DIVISION
BERNARD PAUL PARRISH, HERBERT CIVIL ACTION NO. C07 0943 WHA ANTHONY ADDERLEY, and WALTER ROBERTS III, on behalf of themselves and PLAINTIFFS' OBJECTIONS TO all others similarly situated, DEFENDANTS' TRIAL EXHIBITS Plaintiffs,
NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, a Virginia corporation, and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC, a Virginia corporation, Defendants.
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PLAINTIFFS' OBJECTIONS TO DEFENDANTS' TRIAL EXHIBITS Plaintiffs expressly reserve the right to augment, or otherwise modify their objections to Defendants' exhibits 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. Per the parties' agreement, Plaintiffs further reserve their right to object to Defendants' exhibits under Fed. R. Evid. 402 and 403 and for lack of foundation.
Ex. No. 151 Description 03/08/2006 Email from Wyman to Moore re FW: H. Adderley (Skall Deposition, Ex. 151) [No Bates] 00/00/0000 "About Us," from RPFPJ Website (Adderley Deposition, Ex. 160) [CLASS000331CLASS000332
Objections Hearsay: This exhibit contains statements of Defendants' employees. Those statements are hearsay that do not fall within an exception. 403: This exhibit referencing the Retired Professional Football Players for Justice includes references to class counsel and Bernie Parrish, and has no probative value. Referencing this exhibit would be a waste of time, and may require Plaintiffs to present argument on collateral issues to rebut any inferences raised by this exhibit. 402/403: The Retired Professional Football Players for Justice Articles of Corporation is not relevant to any issues in this lawsuit, and has no probative value. Referencing this exhibit would be a waste of time, and may require Plaintiffs to present argument on collateral issues to rebut any inferences raised by this exhibit.
Response
Court's Ruling
160
161
00/00/0000 RPFPJ Articles of Incorporation (Adderley Deposition, Ex. 161) [CLASS000317 CLASS000332]
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Ex. No. 162
Description 03/09/2007 Email from Adderley to HeroesofFootball re: Check Out Our Website www.playersforju stice.org (Adderley Deposition, Ex. 162) [CLASS002722 CLASS002723] 06/09/2007 Email String between Adderley, Parrish, and HeroesofFootball re: Retired NFL Players, More from Profootballtalk.co m (Adderley Deposition, Ex. 164) [CLASS002847 CLASS002848]
Objections
Response
Court's Ruling
164
Hearsay: Neither J. Turney nor Bernie Parrish is a class representative, and their statements are hearsay that do not fall within an exception. 403: This document contains inflammatory statements that should be excluded, considering the minimal probative value of this exhibit.
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Ex. No. 166
Description 00/00/0000 Communication from Parrish re RPFPJ (Adderley Deposition, Ex. 166) [CLASS002713 CLASS0002718]
Objections This exhibit consists of multiple documents, which Plaintiffs will address separately: CLASS2713-2716: Hearsay: This document includes statements of Bernie Parrish. 403: This document includes inflammatory statements with no probative value, and should be excluded. CLASS2717: No objection. CLASS2718: Hearsay: This document includes statements of Bernie Parrish. 403: This document includes inflammatory statements with no probative value, and should be excluded. 403: This document includes references to claims that have been dismissed by the Court, including those brought by Bernie Parrish, which will confuse the jury. Plaintiffs will withdraw the objection if Defendants redact any references to claims that have been dismissed by the Court.
Response
Court's Ruling
169
11/15/2007 Third Amended Complaint (Adderley Deposition, Ex. 169) [No Bates]
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Ex. No. 176
Description 02/04/2008 Plaintiffs' Objections and Responses to Defendants' First Set of Interrogatories, with Parrish Verification (Adderley Deposition, Ex. 176) [No Bates]
Objections 403: This exhibit contains numerous legal objections to the scope of content of the interrogatories, which could confuse the jury. Plaintiffs will withdraw this objection if those objections are redacted. Parrish Verification: As Parrish is no longer a party to this action, the inclusion of Bernie Parrish's verification could confuse the jury, and Plaintiffs object to that part of this exhibit under rule 403. Furthermore, Bernie Parrish's verification of these interrogatories is hearsay.
Response
Court's Ruling
177
179
02/13/2008 Verification of Adderley for Plaintiffs' Objections and Responses to First Set of Interrogatories (Adderley Deposition, Ex. 177) [No Bates] 02/23/2007 First Amended Complaint (Adderley Deposition, Ex. 179) [No Bates]
403: This document includes references to claims that have been dismissed by the Court, including those brought by Bernie Parrish, which will confuse the jury. Plaintiffs will withdraw the objection if Defendants redact any references to claims that have been dismissed by the Court.
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Ex. No. 180
Description 06/21/2007 Second Amended Complaint (Adderley Deposition, Ex. 180) [No Bates]
Objections 403: This document includes references to claims that have been dismissed by the Court, including those brought by Bernie Parrish, which will confuse the jury. Plaintiffs will withdraw the objection if Defendants redact any references to claims that have been dismissed by the Court. 403: This exhibit contains numerous legal objections to the scope of content of the interrogatories, which could confuse the jury. Plaintiffs will withdraw this objection if those objections are redacted. 402/403: This exhibit is a press release about the lawsuit generally, and is not relevant to the merits of the class's claims. The press release references class counsel and Bernie Parrish, and has no probative value. Referencing this exhibit would be a waste of time, and may require Plaintiffs to present argument on collateral issues to rebut any inferences raised by this exhibit.
Response
Court's Ruling
181
307
02/04/2008 Plaintiffs' Responses to Defendants' First Set of Requests for Admission (Adderley Deposition, Ex. 181) [No Bates] 00/00/0000 RPFPJ Website: Press Releases (M. Parrish Deposition, Ex. 307) [JUSTICE000207 JUSTICE000209]
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Ex. No. 310
Description 03/22/2007 Email from Parrish re: Chance to Vote Against Gene Upshaw et al., Join Today (M. Parrish Deposition, Ex. 310) [JUSTICE000182 JUSTICE000185]
Objections Hearsay: Bernie Parrish is not a class representative, and his statements are hearsay that do not fall within an exception. 402/403: This exhibit includes inflammatory statements about Defendants' employees (referencing "Gene Upshaw and his gang"), and should be excluded, especially in light of its lack of probative value to the merits of this case. 402/403: This exhibit is a membership form for the Retired Professional Players for Justice group, and is wholly irrelevant to the issues in this litigation. This exhibit includes inflammatory statements about Defendants' employees (referencing "Gene Upshaw and his gang"), and should be excluded, especially in light of its lack of probative value to the merits of this case.
Response
Court's Ruling
311
00/00/0000 RPFPJ Membership Form (M. Parrish Deposition, Ex. 311) [JUSTICE000064 ]
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Ex. No. 315
Description 02/14/2007 Letter from Mutch to Marquez re: Retired Professional Football Players For Justice, Inc. (M. Parrish Ex. 315) [JUSTICE000018 ]
Objections Hearsay: Mr. Mutch is not a class representative, and his statements are hearsay. 402/403: The content of this letter is about the incorporation of The Retired Professional Football Players for Justice Articles, and is not relevant to any issues in this lawsuit. Referencing this exhibit would be a waste of time, and may require Plaintiffs to present argument on collateral issues to rebut any inferences raised by this exhibit. Authentication: The letter must be authenticated before Defendants can admit this into evidence. 402/403: The Retired Professional Football Players for Justice Articles of Corporation is not relevant to any issues in this lawsuit, and has no probative value. Referencing this exhibit would be a waste of time, and may require Plaintiffs to present argument on collateral issues to rebut any inferences raised by this exhibit. 403: There is minimal probative value in understanding the membership structure of the RPFPJ. This exhibit may confuse the jury, as it lists class counsel on its membership page. In light of its minimal probative value, the Court should exclude this exhibit under Rule 403.
Response
Court's Ruling
316
RPFPJ Articles of Incorporation (M. Parrish Deposition, Ex. 316) [No Bates]
321
00/00/0000 RPFPJ Website: Officers and Directors (M. Parrish Deposition, Ex. 321) [JUSTICE000218 JUSTICE000219]
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Ex. No. 350
Description 07/24/2006 Email from Parrish to Retired Players re: A Few Complaints That Have Been Sent to Government Agencies, State Attorney Generals, and Congressman (Parrish Deposition, Ex. 350) [No Bates] 07/17/2007 Email from Arnett to Parrish re: Lets Join Forces on Class Action Suit (Parrish Deposition, Ex. 351) [CLASS003220]
Objections Hearsay: Mr. Parrish's statements are hearsay. 403: This exhibit includes inflammatory statements (referencing "actuarial bull shit," "goon squad," and "Gene Upshaw and his gang"), and should be excluded, especially in light of its lack of probative value to the merits of this case. Hearsay: Mr. Arnett is not a class representative, and his statements are hearsay. 403: This exhibit includes inflammatory statements (referencing "kick their asses," "puppet," and "they drink at the same trough"), and should be excluded, especially in light of its lack of probative value to the merits of this case. Hearsay: Mr. Parrish's statements are hearsay. 403: This exhibit includes inflammatory statements (referencing "man of color" and other racial statements), and should be excluded, especially in light of its lack of probative value to the merits of this case. Hearsay: Mr. Parrish's and Mr. Mutch's statements are hearsay. 402/403: Mr. Parrish's position regarding any lawsuits filed against him is irrelevant to any issues remaining in this lawsuit.
Response
Court's Ruling
351
352
08/14/2006 Email from Parrish to Retired Players re: Original Open Letter to Troy Vincent NFLPA Pres. (Parrish Deposition, Ex. 352) [No Bates]
353, 353A
10/9/2006 Letter from Mutch to Yablonski re: Addendum to Parrish Response to 8/29/2006 Letter (Parrish Deposition, Ex. 353, 353A) [No Bates]
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Ex. No. 354
Description 00/00/0000 NFLPA Understating Income ?? Prevaricating and Covering Tracks (Parrish Deposition, Ex. 354) [CLASS002703 CLASS002711] 08/2/2006 Email from Smith to Retired Players re: Here Is an Email I Sent to Andre Collins When I Started Back in 2006 (Parrish Deposition, Ex. 355) [No Bates]
Objections Hearsay: Mr. Parrish's statements are hearsay. 403: This exhibit includes inflammatory statements (including professional attacks on Defendants' attorneys), and should be excluded, especially in light of its lack of probative value to the merits of this case. Hearsay: Mr. Pivec, Mr. Smith, and Mr. Parrish are not class representatives, and their statements are hearsay. 403: This exhibit includes inflammatory statements (including comparisons between Mr. Upshaw and Saddam Hussein, Milosevic, and Stalin), and should be excluded, especially in light of its lack of probative value to the merits of this case. Hearsay: Mr. Dobler and Mr. Parrish are not class representatives, and their statements are hearsay. 402/403: This exhibit references the filing of the lawsuit itself, and is irrelevant to the merits of the remaining claims. This exhibit includes inflammatory statements (including "Upshaw is dead meat" and calling Mr. Upshaw "garbage"), and should be excluded, especially in light of its lack of probative value to the merits of this case.
Response
Court's Ruling
355
356
02/20/2007 Email from Parrish to Dobler re: Be On Our Board Would (Parrish Deposition, Ex. 356) [CLASS003718 CLASS9003719]
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Ex. No. 357
Description 11/18/2007 Email from Charles Parrish to Parrish re: NFLPA RICO Racket? (Parrish Deposition, Ex. 357) [CLASS003053 CLASS003093]
Objections Hearsay: Mr. Charles Parrish, Mr. Buoniconti, and Mr. Bernie Parrish are not class representatives, and their statements are hearsay. 402/403: This exhibit includes inflammatory statements (including calling Mr. Upshaw a "thuggish dictator"), and should be excluded, especially in light of its lack of probative value to the merits of this case. Hearsay: Mr. Charles Parrish and Mr. Bernie Parrish are not class representatives, and their statements are hearsay.
Response
Court's Ruling
358
10/13/2007 Email from Charles Parrish to Parrish re: NFLPA (Parrish Deposition, Ex. 358) [CLASS003172 CLASS003173]
359
402/403: This exhibit includes inflammatory statements (including references to Defendants' employees as "thugs" and references to brainwashing), and should be excluded, especially in light of its lack of probative value to the merits of this case. 09/18/2007 Article Third-party news article: Entitled "Victims This article contains of Self Neglect" statements that are hearsay.
by Jason Cole (Parrish Deposition, Ex. 359) [[No Bates]
The article must be authenticated before Defendants can admit this into evidence.
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Ex. No. 360
Description 10/28/2007 Email from Parrish to Retired Players re: The Retired Player Issue Are Not Going Away (Parrish Deposition, Exhibit 360) [No Bates]
Objections Hearsay: Mr. Bernie Parrish is not a class representative, and his statements are hearsay.
Response
Court's Ruling
362
402/403: This exhibit includes inflammatory statements (including threats of potential lawsuits, and a characterization of Mr. Upshaw as a "biblethumping money grubbing hypocrite"), and should be excluded, especially in light of its lack of probative value to the merits of this case. 11/07/2007 Email Hearsay: Mr. Parrish's from Lynch to and Mr. Lynch's Parrish re: Parrish statements are hearsay.
Documents (Parrish Deposition, Ex. 362) [CLASS003160]
363
12/15/2007 Email from Lynch to Parrish re: Does This Come Through As One Document Or Does The Audit Overlay It (Parrish Deposition, Ex. 363) [CLASS003152 CLASS003158]
402/403: This exhibit references documents filed in this lawsuit, and does not include admissible evidence relating to the merits of the remaining claims. Hearsay: Mr. Parrish's and Mr. Lynch's statements are hearsay. 402/403: This exhibit includes inflammatory statements (including a characterization of Mr. Upshaw as a "control freak," and characterizing those that work for him as "scurry[ing] around" and "licking [him],"), and should be excluded, especially in light of its lack of probative value to the merits of this case.
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Ex. No. 366
Description 11/20/2006 Email from Pyle to Retired Players re: Bernie Parrish Stuff (Parrish Deposition, Ex. 366) [No Bates]
Objections Hearsay: Mr. Parrish's, Mr. Pyle's, and Mr. Stabler's statements are hearsay. 402/403: This exhibit references documents gathered for this lawsuit, and does not include admissible evidence relating to the merits of the remaining claims. Hearsay: Mr. Parrish's and Mr. Dobler's statements are hearsay. 402/403: This exhibit references addresses a potential unrelated lawsuit, and also includes inflammatory racial comments in relation to Mr. Uphsaw, and does not include admissible evidence relating to the merits of the remaining claims. In light of its lack of probative value, the Court should exclude this exhibit. Hearsay: Mr. Parrish's statements are hearsay. 402/403: This exhibit includes inflammatory statements (including a characterization of an employee as a "leashed pet," and various racial statements), and should be excluded, especially in light of its lack of probative value to the merits of this case.
Response
Court's Ruling
369
01/24/2007 Email from Parrish to Dobler re: Great Job (Parrish Deposition, Ex. 369) [CLASS004139 CLASS004169]
370
01/29/2007 Email from Parrish to Toner re: I Believe Item #9 Is a Criminal Offense That Occurred in the Hockey Union's Case Against Eagelson (Parrish Deposition, Ex. 370) [CLASS004220 CLASS004250]
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Ex. No. 371
Description 02/14/2007 Complaint (Parrish Deposition, Ex. 371) [No Bates]
Objections 403: This exhibit includes references to claims that have been dismissed by the Court, including those brought by Bernie Parrish, which will confuse the jury. Plaintiffs will withdraw the objection if Defendants redact any references to claims that have been dismissed by the Court. Hearsay: Mr. Parrish's statements are hearsay. 402/403: This exhibit is an excerpt from Mr. Parrish's book They Call it a Game. This book has no probative value to the merits of the remaining claims in this lawsuit, and should be excluded. Hearsay: Mr. Parrish's statements are hearsay.
Response
Court's Ruling
373
00/00/0000 Photocopy of They Call It A Game (Parrish Deposition, Ex. 373) [No Bates]
374
375
402: This exhibit purports to show Mr. Parrish's proposed platform for a potential candidacy for Executive Director of the NFLPA. This platform has no probative value to the remaining claims in this lawsuit, and should be excluded. Email from Hearsay: Mr. Parrish's Rhoden to Parrish and Mr. Bill Roden's re: Bernie Call Me statements are hearsay.
... IMP! (Parrish Deposition, Ex. 375) [CLASS003133]
00/00/0000 Note Stating Parrish Will Run for Executive Director (Parrish Deposition, Ex. 374) [CLASS003426]
402/403: This exhibit addresses issues collateral to this lawsuit, and has no probative value to the merits of the remaining claims in this lawsuit, and should thus be excluded.
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Ex. No. 376
Description 11/28/2007 Email from DeLamielleure to Parrish re: Approval of Bylaws of RPFPJ (Parrish Deposition, Ex. 376) [CLASS003164 CLASS003165]
Objections Hearsay: Mr. Parrish's and Mr. Joe Delamielleure's statements are hearsay. 402/403: This exhibit addresses the bylaws of the Retired Professional Football Players for Justice, which is an issue that is collateral to this lawsuit. This exhibit has no probative value to the merits of the remaining claims in this lawsuit, and would result in a waste of time, and should be excluded. Hearsay: Mr. Parrish's and Mr. Lynch's statements are hearsay. 402/403: This exhibit purports to show Mr. Parrish's proposed platform for a potential candidacy for Executive Director of the NFLPA. This platform has no probative value to the remaining claims in this lawsuit, and should be excluded. Hearsay: Mr. Parrish's and Mr. Oben's statements are hearsay. 402/403: This exhibit contains Mr. Oben's opinion that Mr. Parrish would not be an effective leader for the NFLPA, and includes personal attacks on Mr. Parrish. This exhibit has no probative value to the remaining claims in this lawsuit, and should be excluded.
Response
Court's Ruling
377
11/24/2007Email from Lynch to Parrish re: What Do You Think? (Parrish Deposition, Ex. 377) [CLASS003161]
378
12/9/2007 Email from Romano to Parrish re: Endorsement by NYTmes Bill Rhoden (Parrish Deposition, Ex. 378) [CLASS003103 CLASS003106]
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Ex. No. 379
Description 00/00/0000 Dave Pear's Official Blog: Parrish Entry (Parrish Deposition, Ex. 379) [No Bates] 02/14/2007 Letter from Mutch to Marquez re: Retired Professional Football Players For Justice, Inc. (Parrish Deposition, Ex. 380, M. Parrish Deposition, Ex. 315) [CLASS000330]
Objections Hearsay: Mr. Parrish's and Mr. Pear's statements are hearsay.
Response
Court's Ruling
380
Hearsay: Mr. Mutch is not a class representative, and his statements are hearsay. 402/403: The content of this letter is about the incorporation of The Retired Professional Football Players for Justice, and is not relevant to any issues in this lawsuit. Referencing this exhibit would be a waste of time, and may require Plaintiffs to present argument on collateral issues to rebut any inferences raised by this exhibit. Authentication: The letter must be authenticated before Defendants can admit it into evidence.
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Ex. No. 382
Description 02/06/2007 Parrish Blog Entry Entitled "Bizarre Gene Upshaw Email" (Parrish Deposition, Ex. 382) [No Bates]
Objections Hearsay: Mr. Parrish's statements are hearsay. 403: This exhibit is a 130page printout of what appears to be excerpts from Bernie Parrish's weblog, "Parrish the Thought." Numerous statements found in this weblog do not relate to the issues in this lawsuit whatsoever. Introduction of a document of this length, peppered with irrelevant information, is a waste of time, and should be excluded under rule 403. Additionally, many statements found within this weblog are inflammatory, and should be excluded in light of their minimal probative value. Hearsay: Mr. Parrish's statements are hearsay. 403: This exhibit is a 24page printout of what appears to be excerpts from Bernie Parrish's weblog, "Parrish the Thought." Numerous statements found in this weblog do not relate to the issues in this lawsuit whatsoever. Additionally, many statements found within this exhibit are inflammatory, and should be excluded in light of their minimal probative value.
Response
Court's Ruling
383
01/09/2008 Parrish the Thought Blog Entry (Parrish Deposition, Ex. 383) [No Bates]
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Ex. No. 388
Description 03/01/2008 Email from Henderson to Upshaw re: The Pellman-AonGoodell Alliance (Parrish Deposition, Ex. 388) [No Bates]
Objections Hearsay: Mr. Parrish's statements are hearsay.
Response
Court's Ruling
418
403: This exhibit includes inflammatory statements (including a characterization of Mr. Upshaw as a "leashed pet," and characterizing Mr. Parrish as a "madman"), and should be excluded, especially in light of its lack of probative value to the merits of this case. 00/00/0000 Letter Authentication: This from Goodstadt to letter must be authenticated Haza (Friss before Defendants can use Deposition, Ex. it as evidence.
418) [PI108056 PI108060]
622
624
2000
2001
06/13/2008 Expert Report of G. Steven Jizmagian (Jizmagian Deposition, Ex. 622) [No Bates] 06/12/2008 Expert Report of Roger G. Noll (Noll Deposition, Ex. 624) [No Bates] 8/29/2007 STATS LLC License Agreement, Effective 03/01/2007 [PI101842 PI101856] 03/24/2005 Upper Deck - Ottis Anderson Ad Hoc [PI016913 PI016914]
Hearsay: If this draft letter was never sent to Topps, it would be used for the truth of the matters listed therein, and would constitute hearsay. Hearsay: This is the expert report of Defendants' retained expert, Mr. Jizmagian. This report is hearsay. Hearsay: This is the expert report of Defendants' retained expert, Mr. Noll. This report is hearsay.
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Ex. No. 2002
Description 03/30/2005 Upper Deck - Tony Dorsett Ad Hoc [PI017012 PI017013] 03/24/2005 Upper Deck - Chuck Foreman Ad Hoc [PI017040 PI017041] 03/14/2005 Upper Deck - Harold Jackson Ad Hoc [PI017109 PI017110] 03/31/2005 Upper Deck - Don Maynard Ad Hoc [PI017194] 03/14/2005 Upper Deck - Mark Van Eeghan Ad Hoc [PI017316 PI017317] 03/20/2005 Upper Deck - Troy Aikman Ad Hoc [PI016900 PI016901] 03/10/2005 Upper Deck - Marcus Allen Ad Hoc [PI016906 PI016907] 03/31/2005 Upper Deck - Joe Montana Ad Hoc [PI017203 PI017204] 03/24/2005 Upper Deck - Raymond Berry Ad Hoc [PI016929 PI016930] 03/24/2005 Upper Deck - Len Dawson Ad Hoc [PI016981 PI016982]
Objections
Response
Court's Ruling
2003
2004
2005
2006
2007
2008
2009
2010
2011
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A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2012
Description 03/31/2005 Upper Deck - Cris Collinsworth Ad Hoc [PI016971 PI016972] 03/31/2005 Upper Deck - Dan Fouts Ad Hoc [PI017047 PI017048] 03/11/2005 Upper Deck - Russ Francis Ad Hoc [PI017050 PI017051] 03/11/2005 Upper Deck - L.C. Greenwood Ad Hoc [PI017062 PI017063] 03/14/2005 Upper Deck - Jack Ham Ad Hoc [PI017073 PI017074] 03/14/2005 Upper Deck - Franco Harris Ad Hoc [PI017082 PI017083] 03/22/2005 Upper Deck - Paul Hornung Ad Hoc [PI017094 PI017095] 03/31/2005 Upper Deck - Bo Jackson Ad Hoc [PI017104 PI017105] 03/30/2005 Upper Deck - Deacon Jones Ad Hoc [PI017120] 03/17/2005 Upper Deck - Steve Largent Ad Hoc [PI017152 PI017153]
Objections
Response
Court's Ruling
2013
2014
2015
2016
2017
2018
2019
2020
2021
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2022
Description 03/30/2005 Upper Deck - James Lofton Ad Hoc [PI017162 PI017163] 03/31/2005 Upper Deck - Jim Marshall Ad Hoc [PI017183] 03/14/2005 Upper Deck - Joe Theismann Ad Hoc [PI017287 PI017288] 03/14/2005 Upper Deck - Lenny Moore Ad Hoc [PI017205 PI017206] 03/14/2005 Upper Deck - Ozzie Newsome Ad Hoc [PI017215 PI017216] 03/31/2005 Upper Deck - Jim Plunkett Ad Hoc [PI017235 PI017236] 03/22/2005 Upper Deck - Merlin Olson Ad Hoc [PI017219 PI017220] 03/14/2005 Upper Deck - Charley Taylor Ad Hoc [PI017277 PI017278] 05/24/2006 Financial Records Regarding HOF Deal [PI051532 PI051542] 05/28/2004 EA Joe Green Ad Hoc [PI009619] 06/15/2004 EA Cris Carter Ad Hoc [PI067232]
Objections
Response
Court's Ruling
2023
2024
2025
2026
2027
2028
2029
2030
Authentication: This exhibit must be authenticated before Defendants can admit it into evidence.
2031
2032
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2033
Description 07/27/2004 EA Eric Dickerson Ad Hoc [PI067235] 09/28/2004 EA Darrell Green Ad Hoc [PI067250] 07/28/2004 EA Bo Jackson Ad Hoc [PI067241] 05/28/2004 EA Anthony Munoz Ad Hoc [PI067223] 05/28/2004 EA Mike Singletary Ad Hoc [PI009632] 06/01/2004 EA Jack Lambert Ad Hoc [PI067229] 08/03/2004 EA Sterling Sharpe Ad [PI067244] 07/28/2004 EA Joey Browner Ad Hoc [PI067238] 07/28/2004 EA Bo Jackson Ad Hoc [EA000003 EA000004] 07/27/2004 EA Eric Dickerson Ad Hoc [EA000009 EA0000010] 07/28/2004 EA Joey Browner Ad Hoc [EA000013 EA000014] 08/03/2004 EA Sterling Sharpe Ad Hoc [EA000021 EA000022] 05/28/2004 EA Randall Cunningham Ad Hoc [PI067217] 06/00/2004 June 2004 Touchback [PI140852 PI140855]
Objections
Response
Court's Ruling
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
Hearsay: Defendants' statements as made in this Touchback newsletter are hearsay.
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2047
Description 00/00/0000 Attachment A to EA License Agreement Active Player GLA Form [PI000070] 04/01/2003 Racing Champions ERTL Corp. License Agreement, Effective 03/01/2001 [PI006374 PI006385] 06/13/2008 Table I to the Report of G. Stephen Jizmagian: Comparison of Retired Player Licensing Revenue and Active Player Shared Pool Revenue [No Bates]
Objections Authentication: The agreement must be authenticated before Defendants can admit it into evidence.
Response
Court's Ruling
2048
2049
Demonstrative: Plaintiffs object to this exhibit because it is demonstrative evidence that should not be admitted into evidence. Hearsay: This is a portion the expert report of Defendants' retained expert, Mr. Jizmagian. Any analysis from this report is hearsay. 403: improperly juxtaposes retired players licensing payments with active player licensing payments, which could mislead the jury, and should be excluded.
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2050
Description 06/13/2008 Table II to the Report of G. Stephen Jizmagian: Comparison of Actual Pool [No Bates]
Objections Demonstrative: Plaintiffs object to this exhibit because it is demonstrative evidence that should not be admitted into evidence. Hearsay: This is a portion the expert report of Defendants' retained expert, Mr. Jizmagian. Any analysis from this report is hearsay. 403: this exhibits focuses on active player payments, which is not materially probative to the merits of Plaintiffs' remaining claims, and should be excluded. Demonstrative: Plaintiffs object to this exhibit because it is demonstrative evidence that should not be admitted into evidence. Hearsay: This is a portion the expert report of Defendants' retained expert, Mr. Noll. Any analysis from this report is hearsay. Improper Rule 1006 Summary: this exhibit does not list the documents relied on to create this summary; thus, the underlying documents have not been "made available" under Rule 1006. As a result, this exhibit should be excluded under Rule 1006.
Response
Court's Ruling
2051
06/12/2008 Table 1 to the Expert Report of Roger G. Noll: Distribution of Licensing Revenues among Members of the GLA Class, 2003 - early 2008 [No Bates]
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2052
Description 06/12/2008 Table 2 to the Expert Report of Roger G. Noll: Distribution of Licensing Revenues among Members of the GLA Class [No Bates]
Objections Demonstrative: Plaintiffs object to this exhibit because it is demonstrative evidence that should not be admitted into evidence. Hearsay: This is a portion the expert report of Defendants' retained expert, Mr. Noll. Any analysis from this report is hearsay. Improper Rule 1006 Summary: this exhibit does not list the documents relied on to create this summary; thus, the underlying documents have not been "made available" under Rule 1006. As a result, this exhibit should be excluded under Rule 1006. Demonstrative: Plaintiffs object to this exhibit because it is demonstrative evidence that should not be admitted into evidence. Hearsay: This is a portion the expert report of Defendants' retained expert, Mr. Noll. Any analysis from this report is hearsay. Demonstrative: Plaintiffs object to this exhibit because it is demonstrative evidence that should not be admitted into evidence. Hearsay: This is a portion the expert report of Defendants' retained expert, Mr. Noll. Any analysis from this report is hearsay.
Response
Court's Ruling
2053
2054
06/12/2008 Table 3 to the Expert Report of Roger G. Noll: Estimates of Licensing Revenues, Disbursements to Players and Share of Gross Revenues Paid to Players [No Bates] 06/12/2008 Table 4 to the Expert Report of Roger G. Noll: Percentage of Licensing Income Paid to Players [No Bates]
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2055
Description 00/00/0000 Escrow Agreement Form from Sun Trust Bank [No Bates] 00/00/0000 Federal Rule of Evidence 1006 Compilation: Class Members' Royalties (From PI051545PI051550, PI135609PI139710, PI139723PI140368) [No Bates]
Objections Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Authentication: This compilation must be authenticated before Defendants can admit this into evidence. Hearsay: Defendants' statements regarding fees paid to various players are hearsay, and should be excluded. 403: this document appears to be a summary of "video game fees" paid to certain players. Evidence of payments pursuant to other agreements may confuse the jury as to whether the class members have been properly paid under the GLA, and has minimal probative value to the merits of the remaining claims, and should be excluded. Authentication: This compilation must be authenticated before Defendants can admit this into evidence. Demonstrative: Plaintiffs object to this exhibit because it is demonstrative evidence that should not be admitted into evidence. Hearsay: This is a portion the expert report of Defendants' retained expert, Mr. Noll. Any analysis from this report is hearsay.
Response
Court's Ruling
2056
2057
2059
Various Dates Federal Rule of Evidence 1006 Compilation: Class Members' GLAs [No Bates] 00/00/0000 Royalty and Credited Seasons Data.xls prepared for the Expert Report of Roger G. Noll [No Bates]
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2060
Description 06/29/2007 AOL LLC License Agreement, Effective 03/01/2007 [PI101946 PI101961] 00/00/0000 CBS Interactive Inc. License Agreement, Effective 03/01/2007 [PI101670 PI101680] 01/20/2000 EA License Agreement, Effective 03/01/1998 [PI132982 PI132992] 08/08/2006 EA License Agreement, Effective 03/01/2006 [PI000042 PI000054] 01/12/2006 EA License Agreement, Effective 03/01/2006 [PI000022 PI000041] 00/00/0000 Epic Cycle License Agreement, Effective 03/01/2004 [PI104550 PI104561] 09/06/2007 Fathead License Agreement, Effective 03/01/2007 [PI101962 PI101975]
Objections
Response
Court's Ruling
2061
2062
2063
2064
2065
2066
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2067
Description 08/07/2007 Fox Sports Interactive Media License Agreement, Effective 03/01/2007 [PI101897 PI101920] 07/07/2004 Game Time LLC License Agreement, Effective 03/01/2004 [PI008034 PI008046] 00/00/0000 GSI License Agreement, Effective 03/01/2006 [PI126542 PI126554] 09/30/2007 Head2Head Sports License Agreement, Effective 3/1/2007 [PI101870 PI101883] 00/00/0000 Joy Athletic License Agreement, Effective 03/01/2003 [PI105182 PI105194] 12/19/2006 MBI Incorporated License Agreement Effective 03/01/2007 [PI101829 PI101841] 00/00/0000 MJM Sports License Agreement, Effective 03/01/2004 [PI099443 PI099455]
Objections
Response
Court's Ruling
2068
2069
2070
2071
2072
2073
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2074
Description 00/00/0000 MJM Sports License Agreement, Effective 03/01/2006 [PI111645 PI111657] 07/31/2007 MVP Galleries License Agreement, Effective 03/01/2007 [PI101816 PI101828] 00/00/0000 NBC Sports License Agreement, Effective 03/01/2007 [PI101857 PI101869] 00/00/0000 No Huddle License Agreement, Effective 03/01/2004 [PI117826 PI117839] 11/03/2004 Onfield Apparel License Agreement, Effective 03/01/2001 [PI006429 PI006532] 10/08/2004 Riddell, Inc. License Agreement, Effective 03/01/2004 [PI126283 PI126296] 00/00/0000 Screenlife LLC License Agreement, Effective 03/01/2005 [PI099742 PI099754]
Objections
Response
Court's Ruling
2075
2076
2077
2078
2079
2080
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2081
Description 07/27/2004 Stahls' Special Projects, Inc. License Agreement, Effective 03/01/2004 [PI006758 PI006769] 10/16/2007 Upper Deck License Agreement, Effective 03/01/2007 [PI134286 PI134300] 11/30/2007 VF Imagewear License Agreement, Effective 03/01/2007 [PI134987 PI135000] 03/18/2007 Topps Service Agreement, Effective 03/01/2007 [PI007383 PI007396] 10/16/2007 Upper Deck Service Agreement, Effective 03/01/2007 [PI101787 PI101802] 03/10/2005 Upper Deck - Adderley Ad Hoc [PI088509 PI088511] 07/08/2005 Upper Deck - Adderley Ad Hoc [P1087805] 07/08/2005 Upper Deck - Adderley Ad Hoc [PI087803 PI087804]
Objections
Response
Court's Ruling
2082
2083
2084
2085
2086
2087
2088
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2089
Description 08/15/2005 Upper Deck - Adderley Ad Hoc [PI088054 PI088055] 08/15/2005 Upper Deck - Adderley Ad Hoc [PI088052 PI088053] 08/15/2005 Upper Deck - Vernand Morency Ad Hoc [PI087974 PI087975] 08/15/2005 Upper Deck - Vernand Morency Ad Hoc [PI087976] 04/08/2003 Letter Agreement between Adderley and PI re: Reebok Deal [CLASS001746] 06/14/2004 EA Joe Greene Ad Hoc [PI067218 PI067219] 06/14/2004 EA Randall Cunningham Ad Hoc [PI067215 PI067216] 01/28/2007 EA Willis McGahee Ad Hoc [PI053615 PI053617] 08/03/2007 TMP Jack Lambert Ad Hoc [PI032952] 08/06/2007 TMP Jack Lambert Ad Hoc [PI032971 PI032972] 08/01/2007 TMP Howie Long Ad Hoc [PI032957]
Objections
Response
Court's Ruling
2090
2091
2092
2093
2094
2095
2096
2097
2098
2099
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2100
Description 08/01/2007 TMP Howie Long Ad Hoc [PI032974 PI032975] 08/03/2007 TMP Warren Moon Ad Hoc [PI032959] 08/06/2007 TMP Warren Moon Ad Hoc [PI032977 PI032978] 08/03/2007 TMP John Riggins Ad Hoc [PI032962] 08/06/2007 TMP John Riggins Ad Hoc [PI032980 PI032981] 08/09/2007 TMP Fran Tarkenton Ad Hoc [PI032965] 08/09/2007 TMP Fran Tarkenton Ad Hoc [PI032953] 08/09/2007 TMP Frank Tarkenton Ad Hoc [PI032983 PI032984] 08/03/2007 TMP Steve Young Ad Hoc [PI032967] 08/06/2007 TMP Steve Young Ad Hoc [PI032986 PI032987] 07/06/2006 TMP Roger Staubach Ad Hoc [PI014531] 07/06/2006 TMP Bo Jackson Ad Hoc [PI014517] 00/00/0000 TMP Ronnie Lott Ad Hoc [PI014519] 07/06/2006 TMP Dan Marino Ad Hoc [PI014521]
Objections
Response
Court's Ruling
2101
2102
2103
2104
2105
2106
2107
2108
2109
2110
2111
2112
2113
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2114
Description 00/00/0000 TMP Joe Montana Ad Hoc [PI014523] 00/00/0000 TMP Walter Payton Ad Hoc [PI014525] 07/06/2006 TMP Earl Campbell Ad Hoc [PI054235 PI054236] 07/06/2006 TMP John Elway Ad Hoc [PI014515] 07/06/2006 TMP Reggie White Ad Hoc [PI014529] 08/02/2004 TMP Jim Brown Ad Hoc [PI018659] 05/27/2004 TMP Johnny Unitas Ad Hoc [PI018743] 05/27/2004 TMP Lawrence Taylor Ad Hoc [PI018762] 05/27/2004 TMP Barry Sanders Ad Hoc [PI018760] 05/27/2004 TMP Joe Greene Ad Hoc [PI018750] 05/27/2004 TMP Franco Harris Ad Hoc [PI018752] 11/09/2004 Topps - Roger Craig Ad Hoc [PI021560 PI021561] 03/16/2006 Topps - Troy Aikman Ad Hoc [PI054053 PI054054] 04/03/2006 Topps - Sammy Baugh Ad Hoc [PI054058 PI054059]
Objections
Response
Court's Ruling
2115
2116
2117
2118
2119
2120
2121
2122
2123
2124
2125
2126
2127
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2128
Description 09/18/2006 Topps - Chuck Bednarik Ad Hoc [PI054063 PI054064] 01/09/2007 Topps - Fred Biletnikoff Ad Hoc [PI054069 PI054070] 07/05/2006 Topps - Terry Bradshaw Ad Hoc [PI054074 PI054075] 01/07/2007 Topps - Jim Brown Ad Hoc [PI054079 PI054080] 04/03/2006 Topps - Earl Campbell Ad Hoc [PI054088 PI054089] 09/26/2006 Topps - Eric Dickerson Ad Hoc [PI054097 PI054098] 08/17/2006 Topps - Art Donovan Ad Hoc [PI054104 PI054105] 01/04/2007 Topps - Tony Dorsett Ad Hoc [PI054109 PI054110] 12/11/2006 Topps - John Elway Ad Hoc [PI054111 PI054112] 12/05/2006 Topps - Frank Gifford Ad Hoc [PI054118 PI054119] 10/23/2006 Topps - Paul Hornung Ad Hoc [PI054122 PI054123]
Objections
Response
Court's Ruling
2129
2130
2131
2132
2133
2134
2135
2136
2137
2138
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2139
Description 05/08/2006 Topps - Bo Jackson Ad Hoc [PI054132 PI054133] 06/20/2006 Topps - Jim Kelly Ad Hoc [PI054137 PI054138] 08/10/2006 Topps - Gino Marchetti Ad Hoc [PI054142 PI054143] 01/04/2007 Topps - Dan Marino Ad Hoc [PI054148 PI054149] 10/24/2006 Topps - Joe Theismann Ad Hoc [PI054210 PI054211] 07/05/2006 Topps - Joe Montana Ad Hoc [PI054160 PI054161] 04/03/2006 Topps - Bronko Nagurski Ad Hoc [PI054165 PI054166] 08/01/2006 Topps - Joe Namath Ad Hoc [PI054167 PI054168] 07/11/2006 Topps - Emmitt Smith Ad Hoc [PI054208 PI054209] 04/26/2006 Topps - Walter Payton Ad Hoc [PI054179 PI054180] 10/24/2006 Topps - Jim Plunkett Ad Hoc [PI054181 PI054182] 12/11/2006 Topps - Jerry Rice Ad Hoc [PI054192 PI054193]
Objections
Response
Court's Ruling
2140
2141
2142
2143
2144
2145
2146
2147
2148
2149
2150
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2151
Description 11/29/2006 Topps - Barry Sanders Ad Hoc [PI054199 PI054200] 08/30/2006 Topps - Plaxico Burress Ad Hoc [PI053933 PI053934] 10/20/2005 Fathead - Jack Lambert Ad Hoc [PI055108] 11/08/2005 Fathead - Boomer Esiason Ad Hoc [PI055109] 10/26/2005 Fathead - Marcus Allen Ad Hoc [PI055110] 10/20/2005 Fathead - Barry Sanders Ad Hoc [PI055111] 10/26/2005 Fathead - Emmitt Smith Ad Hoc [PI055112] 10/26/2005 Fathead - John Elway Ad Hoc [PI055113] 11/22/2005 Fathead Lawrence Taylor Ad Hoc [PI055114] 11/08/2005 Fathead - Dan Marino Ad Hoc [PI055116] 11/07/2005 Fathead - Jerry Rice Ad Hoc [PI055117] 11/07/2005 Fathead - Troy Aikman Ad Hoc [PI055118]
Objections
Response
Court's Ruling
2152
2153
2154
2155
2156
2157
2158
2159
2160
2161
2162
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2163
Description 12/12/2005 Fathead - Walter Payton Ad Hoc [PI055121] 11/08/2005 Fathead - Bernie Kosar Ad Hoc [PI055122] 12/21/2005 Fathead - Joe Montana Ad Hoc [PI055123] 01/10/2006 Fathead Shannon Sharpe Ad Hoc [PI055124] 05/10/2005 Fathead - Ben Roethlisberger Ad Hoc [PI055128 PI055130] 05/04/2004 USAopoly - Dan Marino Ad Hoc [PI020982] 05/04/2004 USAopoly - Dan Marino Ad Hoc [PI056601 PI056602] 05/27/2004 TMP Ray Nitschke Ad Hoc [PI018754] 08/16/2005 Motorola - Willie Lanier Ad Hoc [PI016593] 07/31/2007 Playoff Corporation Willie Lanier Ad Hoc [PI031947 PI031948] 09/21/2006 Sprint - Willie Lanier Ad Hoc [PI062205 PI062207]
Objections
Response
Court's Ruling
2164
2165
2166
2167
2168
2169
2170
2171
2172
2173
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2174
Description 09/09/2005 Motorola - Willie Lanier Ad Hoc [PI070613 PI070615] 09/09/2005 Motorola - Willie Lanier Ad Hoc [PI070616] 09/21/2006 Sprint - Willie Lanier Ad Hoc [PI071275 PI071277] 07/31/2007 Playoff Corporation Willie Lanier Ad Hoc [PI080481 PI080482] 09/21/2006 Sprint - Willie Lanier Ad Hoc [PI062068 PI062070] 09/21/2006 Sprint - Willie Lanier Marketing Memo [PI004694] 07/25/2007 Gallo - Willie Lanier Marketing Memo [PI031088] 08/25/2003 NFL Willie Lanier Marketing Form and Terms of Agreement [PI048342] 07/20/2006 Gallo - Willie Lanier Marketing Memo [PI060586] 07/25/2007 Gallo - Willie Lanier Marketing Memo [PI063973] 10/21/2002 Oscar Mayer - Willie Lanier Marketing Form [PI064146]
Objections
Response
Court's Ruling
2175
2176
2177
2178
2179
2180
2181
2182
2183
2184
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2185
Description 09/01/2003 NFL Willie Lanier Marketing Form [PI068246] 09/21/2006 Sprint - Willie Lanier Marketing Memo [PI071278] 06/20/2006 Press Pass - Tim Brown Ad Hoc [PI005179 PI005180] 04/20/2007 Playoff Corporation - Tim Brown Ad Hoc [PI013029] 04/30/2007 Topps - Tim Brown Ad Hoc [PI013290] 09/20/2005 EA Tim Brown Marketing Memo [PI013416] 08/29/2005 NFL Tim Brown Marketing Memo [PI013528] 08/30/2005 NFL Tim Brown Marketing Memo [PI013529] 09/21/2004 ESPN - Tim Brown Marketing Memo [PI021883] 04/20/2007 Playoff Corporation - Tim Brown Ad Hoc [PI031560 PI031561] 04/30/2007 Topps - Tim Brown Ad Hoc [PI033007 PI033008] 09/23/2003 Upper Deck - Tim Brown Ad Hoc [PI044246 PI044247]
Objections
Response
Court's Ruling
2186
2187
2188
2189
2190
2191
2192
2193
2194
2195
2196
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2197
Description 09/23/2003 Playoff Corporation - Tim Brown Ad Hoc [PI049393 PI049394] 03/11/2003 Playoff Corporation - Tim Brown Ad Hoc [PI049866 PI049867] 06/20/2006 RC2 Brands - Tim Brown Ad Hoc [PI052930 PI052931] 01/05/2007 Topps - Tim Brown Ad Hoc [PI054043 PI054044] 01/05/2007 Topps - Tim Brown Ad Hoc [PI054086 PI054087] 12/18/2006 Reebok - Tim Brown Ad Hoc [PI055364 PI055366] 10/25/2004 Upper Deck - Tim Brown Ad Hoc [PI055542 PI055543] 09/21/2004 ESPN - Tim Brown Marketing Memo [PI065944] 09/20/2005 EA Tim Brown Marketing Memo [PI066756] 08/30/2005 NFL Tim Brown Marketing Memo [PI068364] 08/29/2005 NFL Tim Brown Marketing Memo [PI068396]
Objections
Response
Court's Ruling
2198
2199
2200
2201
2202
2203
2204
2205
2206
2207
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2208
Description 00/00/0000 Visa Tim Brown Marketing Form [PI068843] 00/00/0000 Visa Tim Brown Marketing Form [PI068844] 04/17/2007 NFL Tim Brown Marketing Memo [PI071354] 02/08/2007 NFL Tim Brown Marketing Memo [PI071765] 01/24/2006 News America - Tim Brown Ad Hoc [PI073726 PI073728] 01/24/2006 News America - Tim Brown Marketing Memo [PI073729] 04/20/2007 Playoff Corporation - Tim Brown Ad Hoc [PI080382 PI080383] 04/20/2007 Playoff Corporation - Tim Brown Ad Hoc [PI080384] 06/22/2007 Topps - Tim Brown Ad Hoc [PI084072 PI084073] 04/27/2007 Topps - Tim Brown Ad Hoc [PI084074] 01/05/2007 Topps - Tim Brown Ad Hoc [PI083997 PI083998]
Objections
Response
Court's Ruling
2209
2210
2211
2212
2213
2214
2215
2216
2217
2218
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2219
Description 00/00/0000 GMC - Walter Payton, Lynn Swann, Otis Taylor Ad Hocs [PI004446 PI004451] 10/04/2003 Mike McBath GLA [PI028917] 11/17/2004 Andre Collins GLA [PI027801] 12/19/2002 Willie Lanier GLA [PI028749] 08/03/2001 Willie Lanier GLA [PI028750] 03/29/2000 Dan Goich GLA [PI030312] 09/18/2003 Tim Brown GLA [PI002819]
Objections
Response
Court's Ruling
2220
2221
2222
2223
2224
2225
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2226
Description Various Dates Raider Reports [PI135609 PI139710]
Objections Hearsay: This are spreadsheets generated by Defendant that purport to show payments made to retired players from thirdparty licenses. Defendants' statements regarding the amounts earned by retired players are hearsay. Authentication: The exhibit must be authenticated before Defendants can admit it into evidence. 403: this exhibit provides the amounts that retired players were paid pursuant to ad hoc agreements, which does not affect whether retired players are entitled to an equal share royalty under the GLA. As a jury may be confused when faced with evidence of amounts retired players were paid under separate third-party agreements, the Court should exclude this exhibit.
Response
Court's Ruling
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2227
Description Various Dates Raider Reports [PI139723 PI140217]
Objections Hearsay: This are spreadsheets generated by Defendant that purport to show payments made to retired players from thirdparty licenses. Defendants' statements regarding the amounts earned by retired players are hearsay. Authentication: The exhibit must be authenticated before Defendants can admit it into evidence. 403: this exhibit provides the amounts that retired players were paid pursuant to ad hoc agreements, which does not affect whether retired players are entitled to an equal share royalty under the GLA. As a jury may be confused when faced with evidence of amounts retired players were paid under separate third-party agreements, the Court should exclude this exhibit.
Response
Court's Ruling
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2228
Description Various Dates Raider Reports [PI140218 PI140368]
Objections Hearsay: This are spreadsheets generated by Defendant that purport to show payments made to retired players from thirdparty licenses. Defendants' statements regarding the amounts earned by retired players are hearsay. Authentication: The exhibit must be authenticated before Defendants can admit it into evidence. 403: this exhibit provides the amounts that retired players were paid pursuant to ad hoc agreements, which does not affect whether retired players are entitled to an equal share royalty under the GLA. As a jury may be confused when faced with evidence of amounts retired players were paid under separate third-party agreements, the Court should exclude this exhibit.
Response
Court's Ruling
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2229
Description Various Dates Raider Reports [PI091026 PI094483]
Objections Hearsay: This are spreadsheets generated by Defendant that purport to show payments made to retired players from thirdparty licenses. Defendants' statements regarding the amounts earned by retired players are hearsay. Authentication: The exhibit must be authenticated before Defendants can admit it into evidence. 403: this exhibit provides the amounts that retired players were paid pursuant to ad hoc agreements, which does not affect whether retired players are entitled to an equal share royalty under the GLA. As a jury may be confused when faced with evidence of amounts retired players were paid under separate third-party agreements, the Court should exclude this exhibit.
Response
Court's Ruling
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2230
Description Various Dates Raider Reports [PI094484 PI094955]
Objections Hearsay: This are spreadsheets generated by Defendant that purport to show payments made to retired players from thirdparty licenses. Defendants' statements regarding the amounts earned by retired players are hearsay. Authentication: The exhibit must be authenticated before Defendants can admit it into evidence. 403: this exhibit provides the amounts that retired players were paid pursuant to ad hoc agreements, which does not affect whether retired players are entitled to an equal share royalty under the GLA. As a jury may be confused when faced with evidence of amounts retired players were paid under separate third-party agreements, the Court should exclude this exhibit.
Response
Court's Ruling
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2231
Description Various Dates Raider Reports [PI094956 PI095073]
Objections Hearsay: This are spreadsheets generated by Defendant that purport to show payments made to retired players from thirdparty licenses. Defendants' statements regarding the amounts earned by retired players are hearsay. Authentication: The exhibit must be authenticated before Defendants can admit it into evidence. 403: this exhibit provides the amounts that retired players were paid pursuant to ad hoc agreements, which does not affect whether retired players are entitled to an equal share royalty under the GLA. As a jury may be confused when faced with evidence of amounts retired players were paid under separate third-party agreements, the Court should exclude this exhibit. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Hearsay: Defendants' statements about their own financial positions are hearsay, and should be excluded. Hearsay: Defendants' statements about their own financial positions are hearsay, and should be excluded.
Response
Court's Ruling
2232
00/00/0000 EA Video Game Fee List [PI051545 PI051550] 03/01/2007 02/29/2008 NFLPA Annual Financial Report: 2007-2008 [PI140387 PI140443] 03/01/2004 02/28/2005 NFLPA Financial Statement: 20042005 [PI096088 PI096150]
2242
2243
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2244
Description 03/01/2003 02/29/2004 NFLPA Financial Statement: 20032004 [PI096151 PI096214] 03/01/2002 02/28/2003 NFLPA Financial Statement: 20022003 [PI096215 PI096276] 11/03/1994 Amended Bylaws of PI [PI139711 PI139721] 03/18/1991 Minutes of NFLPA Board of Player Directors' Meeting [PI096277]
Objections Hearsay: Defendants' statements about their own financial positions are hearsay, and should be excluded. Hearsay: Defendants' statements about their own financial positions are hearsay, and should be excluded.
Response
Court's Ruling
2245
2246
2247
Hearsay: Any statements attributable to Defendants or third parties, including minutes from NFLPA board meetings, are hearsay and should be excluded. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence.
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2248
Description 03/31/2008 Credited Seasons Listing [No Bates]
Objections Hearsay: These are spreadsheets generated by Defendants that purport to show pension-credited seasons of active players. Defendants' statements regarding the number of seasons played by certain active players are hearsay. Authentication: The exhibit must be authenticated before Defendants can admit it into evidence. 403: this exhibit focuses on active players. The number of seasons credited to active players, for pension purposes, is not materially relevant to the merits of the remaining claims. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. 50
Response
Court's Ruling
2249
2250
2251
2252
2253
00/00/0000 Reebok DeAngelo Hall Advertisement [PI141252 PI141253] 00/00/0000 Reebok - NFL Zone Advertisement [PI141254] 00/00/0000 Reebok - William Henderson, Najeh Davenport Advertisement [Pl141255 Pl141258] 00/00/0000 EA/Madden '06 Advertisement (video) [PI141259] 00/00/0000 Reebok Advertisement (video) [PI141260]
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2254
Description 00/00/0000 Fathead Advertisement [PI141261] 00/00/0000 NFL Players.com Advertisement [PI141262 PI141263] 00/00/0000 NFL Players.com Advertisement [PI14l264 PI141265]
Objections Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Hearsay: Any statements attributable to a third party are hearsay. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Hearsay: Any statements attributable to Defendants or third parties are hearsay and should be excluded. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Hearsay: Any statements attributable to Defendants or third parties are hearsay and should be excluded.
Response
Court's Ruling
2255
2256
2257
2258
00/00/0000 Reebok/Modell's Advertisement (video) [PI141266] 01/00/2006 Players Inc Brochure [PI140980 PI140983]
2259
09/00/2006 Players Inc Brochure [PI140996 PI140999]
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2260
Description 00/00/0000 Players Inc Brochure [No Bates]
Objections Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Hearsay: Any statements attributable to Defendants or third parties are hearsay and should be excluded. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence.
Response
Court's Ruling
2261
00/00/0000 Players Inc Brochure [No Bates]
2262
Hearsay: Any statements attributable to Defendants or third parties are hearsay and should be excluded. 09/01/2003 Street Authentication: This & Smith's Sports exhibit must be Business Journal authenticated before Special Defendants can admit this Advertising into evidence. Hearsay: Any statements attributable to Defendants or third parties are hearsay and should be excluded. 00/00/0l000 Hard- Authentication: This Hitting Marketing exhibit must be Brochure [No authenticated before Bates] Defendants can admit this into evidence. Hearsay: Any statements attributable to Defendants or third parties are hearsay and should be excluded. Authentication: This exhibit must be authenticated before Defendants can admit this into evidence. Hearsay: Any statements attributable to Defendants or third parties are hearsay and should be excluded.
Feature [No Bates]
2263
2264
00/00/0000 HardHitting Marketing Brochure [No Bates]
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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW LO S A N G E L E S
Ex. No. 2265
Description 00/00/0000 Retired Players Video Game Payments [PI095700 PI095716]
Objections Authentication: This compilation must be authenticated before Defendants can admit this into evidence. Hearsay: Defendants' statements regarding fees paid to various players are hearsay, and should be excluded. 403: this document appears to be a summary of "video game payments" for certain players. Evidence of payments pursuant to other agreements may confuse the jury as to whether the class members have been properly paid under the GLA, and has minimal probative value to the merits of the remaining claims, and should be excluded.
Response
Court's Ruling
2266
2267
2268
00/00/0000 Madden 2007 Screenshot Player Management 66 Packers CB#32 [
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