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 B 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)

GOICH - DIRECT / GREENSPAN

1986

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24

Q.

-- ASSOCIATION ITSELF? DO YOU THINK AS AN NFLPA RETIRED PLAYERS ASSOCIATION

MEMBER YOU SHOULD HAVE A VOTE IN NFLPA ISSUES? MR. KATZ : THE COURT : OBJECT. LEADING.

OVERRULED.

PLEASE ANSWER.

THE WITNESS: BY MR . GREENSPAN:
WHY NOT, SIR? A.

NO.

I'M NOT MAKING THE MONEY. I'M NOT PLAYING THE GAME: IT'S

NOT MY BLOOD, SWEAT AND TEARS. I HAD MY DAY. IT'S OVER. QMR. GOICH, SINCE YOU RETIRED -- LET ME ASK THIS: DO YOU

KNOW WHAT THE ACTIVE PLAYER ANNUAL BOARD MEETINGS ARE? A. Q. A. Q. I'VE BEEN TO TWO OF THEM. THAT'S WHAT I WAS GOING TO ASK YOU. YEAH. WHEN YOU ATTENDED THESE MEETINGS, WHERE DID THESE MEETINGS

TAKE PLACE? A. THE TWO.I WENT TO, HAWAII. AND CAN YOU DESCRIBE GENERALLY TO THE JURY WHAT THE

Q.

PURPOSE OF THESE MEETINGS ARE, WHAT HAPPENS? A. THEY STEER THE DIRECTOR IN WHICH WAY THEY WANT TO GO WITH

THE COLLECTIVE BARGAINING.

Q-

WHEN YOU SAY "THEY" WHO ARE TALKING ABOUT?

25IIA.

THE 32 PLAYER REPS.

GOICH - DIRECT/ GREENSPAN

1987

111Q.

OKAY.

AND AS A RETIRED PLAYER YOU WERE INVITED TO --

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

A.

I WAS INVITED BY GENE UPSHAW, BECAUSE IT WAS ON -- I WAS

PRESIDENT OF THE RETIRED PLAYERS EXECUTIVE COMMITTEE.

Q-

NOW, AT THESE ANNUAL ACTIVE PLAYER BOARD MEETINGS, WHAT

MEETINGS, IF ANY, WERE YOU PERMITTED TO ATTEND? A. Q. A. I COULD ATTEND ANY MEETING I.WANTED TO.

WHAT INFORMATION, IF ANY, DID YOU HAVE ACCESS TO? I STILL HAVE THE BOOK, THE FINANCIALS, EVERYTHING THAT THE

PLAYER REPS GOT. THE COURT : IT'S UNCLEAR WHETHER THESE QUESTIONS ARE

WHILE HE WAS AN ACTIVE PLAYER OR WHETHER HE STILL GETS THIS ACCESS AS A RETIRED PLAYER. MR. GREENSPAN : THE COURT : BY MR . GREENSPAN: I'M SORRY, YOUR HONOR.

YOU SHOULD MAKE THAT CLEAR.

Q

WHEN YOU ATTENDED THE' ACTIVE PLAYER ANNUAL BOARD MEETINGS,

WERE YOU A RETIRED PLAYER OR AN ACTIVE PLAYER AT THE TIME? A. Q. A. I WAS RETIRED. YOU WERE RETIRED? I WAS ON THE EXECUTIVE MEETING, OUR STEERING COMMITTEE FOR THE ACTIVE PLAYERS INVITE TWO TO THREE

RETIRED PLAYERS.

PLAYERS TO THEIR MEETINGS IN HAWAII EVERY YEAR.

Q-

DO YOU KNOW WHETHER THIS PRACTICE OF STEERING COMMITTEE

MEMBERS OF THE RETIRED PLAYERS ASSOCIATION, DO YOU KNOW IF THE

2511PRACTICE CONTINUES OF THESE MEMBERS BEING INVITED TO THE ACTIVE .

GOICH DIRECT/ GREENSPAN

1988

1 2

PLAYER BOARD MEETINGS CONTINUES TO THIS DAY? A. Q. ABSOLUTELY. OKAY. IT CONTINUES TO THIS DAY. MR. GOICH, HAVE YOU ATTENDED ANY -- LET ME ASK YOU FIRST,

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

A. Q.

ARE YOU FAMILIAR WITH THE ANNUAL RETIRED PLAYERS ASSOCIATION CONVENTIONS? A. YEAH. I ATTENDED ALL OF THEM, YEAH.

QIS, A.

CAN YOU EXPLAIN TO THE JURY, GIVEN THE PICTURE OF WHAT IT WHAT HAPPENS? COUPLE HUNDRED GUYS COME WITH THEIR WIVES AND THERE'S

PRESENTATIONS BY THE UNION.. GENE GIVES A STATE OF, QUOTE, LIKE THE UNION ADDRESS. POWERPOINTS. AND ALL THE INFORMATION. WE HAVE

WE HAVE THE PENSION DEPARTMENT TALK TO US. WE

HAVE THE RETIRED PLAYERS DEPARTMENT TALK TO US. SOMETIMES THE ACTIVE PLAYERS' PRESIDENT COMES TO THE CONVENTION AND TALKS TO US. MEANWHILE, PEOPLE ARE GOING IN AND OUT, IN AND OUT. AND THERE'S A DESK, AND THERE'S ALWAYS AN OPEN FORUM TO ASK QUESTIONS ABOUT ANYTHING FROM ANYBODY. IT'S WIDE OPEN. ARGUMENTS TAKE PLACE. THIS TAKES PLACE, ET CETERA.

BUT THE INFORMATION -- WE GET ALL THE INFORMATION THAT'S THERE, YEAH.

Q-

MR. GOICH, WAS THE RETIRED PLAYER GLA EVER DISCUSSED AT

2511THESE RETIRED PLAYERS ASSOCIATION CONVENTIONS?

2037

MR. KESSLER :

I KNOW WELL ENOUGH TO SAY NOTHING, YOUR

2

HONOR.
THE COURT : I THINK YOU'VE USED ABOUT -- I'M ROUNDING

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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