Parrish et al v. National Football League Players Incorporated

Filing 476

Declaration of Anthony M. Garza in Support of 474 Brief, Supplemental Brief on Plaintiffs' Motion in Limine No. 4 Requesting Exclusion of Parol Evidence filed byBernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 474 ) (Hilbert, Ryan) (Filed on 10/17/2008)

Parrish et al v. National Football League Players Incorporated

Doc. 476

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A PROFESSIONAL CORPORATION · ATTORNEYS

MANATT, PHELPS & PHILLIPS, LLP RONALD S. KATZ (Bar No. CA 085713) E-mail: [e-mail] RYAN S. HILBERT (California Bar No. 210549) E-mail: [e-mail] NOEL S. COHEN (California Bar No. 219645) E-mail: [e-mail] 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: [phone] Facsimile: [phone] McKOOL SMITH, P.C. LEWIS T. LECLAIR (Bar No. CA 077136) E-mail: lleclair@mckoolsmith 300 Crescent Court, Suite 1500 Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BERNARD PAUL PARRISH, HERBERT ANTHONY ADDERLEY, and WALTER ROBERTS, III on behalf of themselves and all others similarly situated, Plaintiffs vs. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, a Virginia corporation, and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC, a Virginia corporation, Defendants. CIVIL ACTION NO. C07 0943 WHA DECLARATION OF ANTHONY M. GARZA IN SUPPORT OF PLAINTIFFS' SUPPLEMENTAL BRIEF ON PLAINTIFFS' MOTION IN LIMINE NO. 4 REQUESTING EXCLUSION OF PAROL EVIDENCE TENDING TO PROVE THE INTENT OF THE PARTIES TO THIRD-PARTY LICENSE AGREEMENTS

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DALLAS, TEXAS

MCKOOL SMITH

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DECLARATION OF ANTHONY M. GARZA IN SUPPORT OF PLAINTIFFS' SUPPLEMENTAL BRIEF OF PAROL EVIDENCE TENDING TO PROVE THE INTENT OF THE PARTIES TO THIRD-PARTY LICENSE AGREEMENTS ­ Page 1 Civil Action No. C07 0943 WHA Dallas 267473v1

Dockets.Justia.com

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A PROFESSIONAL CORPORATION · ATTORNEYS

I, Anthony M. Garza, declare as follows: 1. I am an attorney with McKool Smith, P.C., counsel for Plaintiff Herbert Anthony

Adderley and the GLA Class in this matter. I have personal knowledge of the matters stated herein. 2. Attached hereto as Exhibit A is a true and correct copy of a January 31, 2005

Agreement between Electronic Arts Inc. and National Football League Players Incorporated. 3. Attached hereto as Exhibit B is a true and correct copy of a 2004 Agreement

between the Topps Company Inc. and National Football League Players Association. I declare under penalty of perjury and the laws of the United States that the foregoing is true and correct and that this declaration was executed on October 17, 2008, in San Francisco, California. _/s/Anthony M. Garza________ Anthony M. Garza 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.

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DALLAS, TEXAS

MCKOOL SMITH

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DECLARATION OF ANTHONY M. GARZA IN SUPPORT OF PLAINTIFFS' SUPPLEMENTAL BRIEF OF PAROL EVIDENCE TENDING TO PROVE THE INTENT OF THE PARTIES TO THIRD-PARTY LICENSE AGREEMENTS ­ Page 2 Civil Action No. C07 0943 WHA Dallas 267473v1 20208236.1