Parrish et al v. National Football League Players Incorporated

Filing 536

Letter Brief re Motion to Strike Testimony filed byBernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Katz, Ronald) (Filed on 11/3/2008)

Exhibit A to Plaintiffs ' Letter Brief Striking Statements by Defendants' Witnesses

VOLUME 9 PAGES 1824 - 2039 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE WILLIAM H. ALSUP BERNARD PAUL PARRISH, HERBERT ANTHONY ADDERLEY, WALTER ROBERTS III, PLAINTIFFS, VS. ) ) ) ) ) NO. C 07-0943 WHA

) NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION AND NATIONAL FOOTBALL ) LEAGUE PLAYERS INCORPORATED D/B/A ) ) PLAYERS INC, DEFENDANTS. ) SAN FRANCISCO, CALIFORNIA MONDAY NOVEMBER 3, 2008

TRANSCRIPT OF PROCEEDINGS APPEARANCES: FOR PLAINTIFFS : MANATT, PHELPS & PHILLIPS 1001 PAGE MILL ROAD, BUILDING 2 PALO ALTO, CALIFORNIA 94304 RONALD S. KATZ, ESQ. RYAN S. HILBERT, ESQ. MANATT, PHELPS & PHILLIPS 7 TIMES SQUARE NEW YORK CITY, NEW YORK 10036 L. PETER PARCHER, ESQ. MANATT, PHELPS & PHILLIPS 11355 WEST OLYMPIC BOULEVARD LOS ANGELES, CALIFORNIA 90064 CHAD HUMMEL, ESQ.

BY:

BY:

BY:

(APPEARANCES CONTINUED ON NEXT PAGE)

ARMSTRONG - DIRECT / KESSLER

2019

THERE WERE TIMES WHERE THERE WAS SOME SCREAMING, SHOUTING,

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FINGER-POINTING. THE COURT : KIND OF LIKE THIS COURTROOM.

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(LAUGHTER) THE WITNESS : AND SOME HUMOR IN THERE, TOO. SO IT

WAS A GOOD MIX. BUT A LOT OF HEALTHY DEBATE. WE SAY, YOU KNOW, THE MINORITY -- EVERYONE WOULD BE HEARD, BUT IN THE END THE MAJORITY WOULD RULE. AND THAT'S HOW WE FUNCTIONED.

BY MR. KESSLER:

Q.

TAKE A LOOK AT PAGE 13 OF EXHIBIT -- TRIAL EXHIBIT 132.

SECTION 406.
A. YES. (DOCUMENT DISPLAYED.)

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IT SAYS: "THE PRESIDENT SHALL BE THE PRINCIPLE EXECUTIVE

OFFICER OF THE NFLPA AND, SUBJECT TO THIS CONSTITUTION AND THE DIRECTION OF THE BOARD OF REPRESENTATIVES, SHALL SUPERVISE AND DIRECT THE BUSINESS AND AFFAIRS OF THE NFLPA." MR. ARMSTRONG, DID YOU EXERCISE THOSE RESPONSIBILITIES WHEN YOU WERE PRESIDENT OF THE NFLPA? A. YES. NOW, AT THE ANNUAL PLAYER MEETINGS THAT YOU ATTENDED,

Q.

WOULD THERE BE REPORTS FROM THE DIFFERENT DEPARTMENTS OF THE

25 I I NFLPA?

ARMSTRONG - DIRECT / KESSLER

2020

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A.

THAT'S RIGHT.

THE MEETINGS TYPICALLY LASTED FOUR DAYS.

THEY WOULD RUN -- A TYPICAL DAY WOULD BE EIGHT HOURS, BUT SOMETIMES IF THERE WAS A BIG ISSUE OR SOMETHING THAT WAS HOTLY DEBATED WE HAD MEETINGS GO 14, 16 HOURS IN A PARTICULAR DAY. Q. YOU WOULD HAVE PLAYERS MEETING FOR 14, 16 HOURS IN A ROOM

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IN HAWAII? A. YEAH. WE'VE HAD MANY MEALS CATERED IN AND FAMILIES,

WIVES, KIDS, ALL WAITING ON THE OUTSIDE WHERE WE'RE KIND OF LOCKED IN THE ROOM TRYING TO REACH AN ACCORD ON SOMETHING.

Q-

AND DURING THOSE MEETINGS, WOULD THERE ALWAYS BE -- WOULD

THERE BE REPORTS FROM THE LICENSING OPERATIONS OF THE NFLPA OR PLAYERS INC? A. YES, THAT'S_RIGHT. TYPICALLY, YOU'D HAVE THE PRESIDENT WOULD GIVE A e REPORT. THE EXECUTIVE DIRECTOR WOULD GIVE A REPORT. THERE

WOULD BE A REPORT FROM LEGAL, LICENSING AND MARKETING, AND FROM RETIRED PLAYERS. REPORTS ON. THOSE WERE THE BIG AREAS THAT WE ALWAYS HAD

Q-

WOULD THERE BE A LICENSING REPORT EVERY YEAR OR JUST SOME

YEARS? A. EVERY YEAR. OKAY. AND DURING THOSE LICENSING REPORTS -- WITHDRAWN.

Q-

LET ME DO IT THIS WAY. WHEN YOU WERE AT THE BOARD OF PLAYER REPRESENTATIVES DID MEMBERS -- SOME MEMBERS OF THE RETIRED PLAYERS STEERING

ARMSTRONG - DIRECT / KESSLER

2021

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COMMITTEE SOMETIMES GET INVITED TO THOSE MEETINGS. Ar YES. LYNN TAVIS (PHONETIC) WAS THERE EVERY YEAR THAT I HE WAS PART OF THE STEERING COMMITTEE. SO THERE

WAS THERE.

WAS ALWAYS A MEMBER OF THE RETIRED PLAYERS GROUP THERE.

Q-

AND WOULD'THE RETIRED PLAYERS STEERING COMMITTEE MEMBER BE

ABLE TO ATTEND THE PART THAT WAS THE LICENSING REPORTS? A. YES. AND AT THOSE LICENSING REPORTS WAS THERE A DISCUSSION OF

Q-

ALL THE RETIRED PLAYERS WHO WERE GETTING LICENSING MONEY?

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A. Q. A.

YES. OKAY. WERE LISTS GIVEN OUT OF THOSE RETIRED PLAYERS? LINE ITEM LISTS THAT WOULD LIST

YEAH, DETAILED LISTS.

PAYMENTS TO ALL ACTIVE AND RETIRED PLAYERS.

Q-

SO IT WASN'T JUST THE ACTIVE, BUT THE RETIRED PLAYERS WHO

GOT MONEY, AS WELL? A. THAT'S RIGHT. EVERYBODY WHO GOT A PAYMENT WAS LISTED IN A

DETAILED REPORT.

Q-

OKAY.

AND WAS IT DISCUSSED AT THOSE MEETINGS HOW RETIRED

PLAYER GROUP LICENSING WORKED? A. Q. YES. OKAY. NOW, LET ME SHOW YOU NEXT -- SHOULD BE IN FRONT OF

YOU -- TRIAL EXHIBIT 2245. DO YOU RECOGNIZE THIS, MR. ARMSTRONG?

A.

I DO.
WHAT IS THIS?

2511Q.

2037

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HONOR.

MR. KESSLER :

I KNOW WELL ENOUGH TO SAY NOTHING, YOUR

.THE COURT :

I THINK YOU'VE USED ABOUT -- I'M ROUNDING

OFF HERE -- ROUGHLY 800 MINUTES. AND THE PLAINTIFFS HAVE USED ,886 MINUTES. MR. KESSLER : THE COURT : WE'RE CATCHING UP. YOU'RE CATCHING UP. SO TOMORROW, BY THE

END OF TOMORROW SOMEBODY WILL BE PRETTY CLOSE TO HAVING USED UP ALL THEIR TIME. ALL RIGHT. HEARING NOTHING MORE, WE WILL SEE YOU AT 7:30 IN THE MORNING. I HAVE A HEARING IN HERE IN AN HOUR. I APPRECIATE IT IF YOU WOULD MAKE ENOUGH ROOM FOR THE LAWYERS AND THE DEFENDANTS IN A CRIMINAL CASE TO GET SITUATED. THANK YOU. MR. KATZ : THANK YOU, YOUR HONOR. THANK YOU, YOUR HONOR.

MR. KESSLER :

(THEREUPON, THIS TRIAL WAS CONTINUED UNTIL TUESDAY, NOVEMBER 4, 2008, AT 7:30 O'CLOCK A.M.)

CERTIFICATE OF REPORTER I CERTIFY THAT THE FOREGOING IS A CORRECT TRANSCRIPT FROM THE RECORD OF PROCEEDINGS IN THE ABOVE-ENTITLED MATTER. DATE: MONDAY, NOVEMBER 3, 2008 S/B KATHERINE POWELL SULLIVAN

KATHERINE POWELL SULLIVAN, CSR #5812, RPR, CRR U.S. COURT REPORTER