Parrish et al v. National Football League Players Incorporated

Filing 564

Trial Sheet, Exhibit and Witness List. (dt, COURT STAFF) (Filed on 11/13/2008)

Parrish et al v. National Football League Players Incorporated

Doc. 564

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

HONORABLE WILLIAM ALSUP Case No: C07-00943 WHA Case Name: HERBERT ADDERLEY v. NFL PLAYERS ASSOCIATION, et al.,
TRIAL SHEET, EXHIBIT and WITNESS LIST

JUDGE William Alsup

PLAINTIFF ATTORNEY: Ronald S. Katz, Lewis LeClaire, Peter Parsher, Jill Nayler; Chad Hummel; Ryan Hilbert, Brett Charhon; and Anthony Garza

DEFENSE ATTORNEY: Jeffrey Kessler, David Feher, Bruce Meyer, Roy Taub, David Greenspan, Jason Clark and Molly Donovan

TRIAL DATE: 10/20/2008 -11/7/08
PLF NO. DEF NO DATE
TIME OFFERED
ID REC

REPORTER(S): Kathy Sullivan; Belle Ball DESCRIPTION JURY TRIAL BEGAN

CLERK: Dawn Toland; Lashanda Scott OCTOBER 20, 2008
Court Reporter: Belle Ball BY

Courtroom Deputy: Lashanda Scott

7:30 am.

Judge cried in. Motion in liminie matters discussed.

8:05 am. 8:19 am. 9:15 am. 9:16 am. 9:20 am. 9:22 am. 9:35 am. 11:26 am. 11:29 am. 11:47 am. 11:50 am. 12:10 pm. 12:21 pm.

Court Recess. Jurors Sworn in at 8:17 a.m. Jury Voir Dire Began. Court Recess for the jurors. Side Bar with counsel and juror #1. Juror #1 excused for break. Court discussed the juror panel with counsel. Court Recess. Voir Dire continues. Side Bar with counsel. Court Recess. Discussion with plaintiff's counsel re interaction with a juror. Discussion with counsel re juror interaction with plaintiff's counsel. Court Recess. Voir Dire continues. Court Recess. Peremptory Challenges discussed with counsel.
Dockets.Justia.com

12:35 pm. 12:38 pm. 1:03 pm.

Voir Dire continues. Selected jurors sworn and admonished. Court adjourned until 10/21/2008 at 7:45 a.m.

OCTOBER 21, 2008 7:30 am

c/r Kathy Sullivan

(w/o jury) Court and counsel discussed preliminary matters. Parties entered into a stipulation to apply D.C. law. Court will allow portions of exhibit #1184 to come into evidence. Court directed counsel and members of the class to not communicate with the press or give interviews. Reconvene....jury present Court admonished the jury to not listen to news stories or discuss the case.

8:15 am

8:30 am 9:17 am

Plaintiffs' Opening Statement Recess (w/o jury) Court told plaintiffs' counsel that he was out of line making reference to Mr. Kessler in his opening statement

9:37 am

Reconvene...jury present Court addressed the jury about Mr. Persher giving the impression that Mr Kessler drafted the GLA and presented it to the players

8:38 am 10:25 am 10:28 am

Defendants' Opening Statement Plaintiffs' objection to the use of the word "we" in defendants' opening statement Witness excluded from the courtroom Plaintiffs' witness Clifton McNeil sworn-in.

1223 1321 11:13 am

x x

x x

Retire Player Group Licensing Authorization Form Player Cards Recess (w/o jury) Court set a ground rule that counsel can speak to their own witnesses during direct, but not once the witness is on what is effectively cross examination

11:20 am

Recess

11:38 am

(w/o jury) Plaintiffs raised issue concerning communicating with the witnesses. Court continued same ruling, no communicating during cross exam. Plaintiffs have a witness scheduling problem that counsel will resolve. Defendants raised concern of issue of scrambling of the Madden game and asked for an instruction. Court's question: do counsel agree that class members never received money from GLA? Plts yes, defts - no. Reconvene...jury present x x x x x x x x x x x x x x 2003 Madden game Photo of 'Team Select' 2007 Madden game Slides from Madden game Photo of football field w/score board Photo of 'Team Select' Photo of football field w/score board Court gave an instruction re group licensing agreement (adhoc agreement) and the fiduciary duty claim. Also, the plaintiffs do not contend that the scrambling by EA is a violation and is not alleged as a violation Defendants' Cross Examination Deposition read

11:45 am 1245 1245 -1 1263 1302 1245 -2 1263 -1 1263 -2 12:10 pm

12:15 pm

1223 12:55 pm 12:59 pm 1:00 pm

x

x

Licensing Authorization Form Redirect Exam Recross Exam Recess until 10/22/08 at 7:30 am

OCTOBER 22, 2008 7:35 am

c/r Kathy Sullivan

(w/o jury) Court and counsel discussed the designations of Warren Friss. Plaintiff is withdrawing the witness. Third-Party EA's Motion to Seal Pricing Information in Ex. 80 is Denied. Reconvene...jury present Plaintiffs' witness Douglas Allen sworn-in

8:50 am

125

x

x

Agreement between NFL Players Assoc and NFL Players Inc

132 5 23 12 110 10:25 am

x x x x x

x x x x x

NFL Players Association Constitution NFL Players.com Website Letter from D. Allen to NFLPA Member Memo from D. Allen to NFLPA Contract Advisors NFL Players Assoc Retired Player Group Licensing Form Recess (w/o jury) Court and counsel addressed an issue

10:30 am 10:50 am

Recess (w/o jury) Plaintiffs object to defendants speaking objections. Defendants 403 objection is sustained re plaintiffs examination on percentage of commission fees (witness excused during argument). Reconvene...jury present Continued direct

11:02 am

110 125 28 2046 12:22 pm 12:23 pm

x x x x

x x x x

NFL Players Assoc Retired Player Group Licensing Form Agreement between NFL Players Assoc and NFL Players Inc License Agreement between EA and NFL Players Inc 6/2004 Touchback magazine Court admonished the jury before the long weekend Recess until 10/27/08 at 7:30am (w/o jury) Court will allow the witness to socialize with counsel over the weekend, with the caveat that no one talk about the case.

12:25 pm

Recess until 10/27/08 at 7:30am

OCTOBER 27, 2008 7:30 am

c/r Kathy Sullivan

(w/o jury) Court and counsel discussed several issues: EA's motion to seal portion of ex. 80 is at the Ninth Circuit. Plaintiffs want the jury to see the unredacted exhibit and the public to only see a redacted version. Plaintiffs object to defendants using exhibits 2258-2264, because they were not produced on a document request. Motion is denied, the exhibits can be received. Plaintiffs' objection to exhibit 2056 is denied. Reconvene....jury present Continued Direct of Douglas Allen

8:15 am

125

x

10/22

Agreement between NFL Players and NFL Players Inc

91 28 506 54 506 110 1320 9:07 am 9:28 am

x x x x x x x

x x

Amendment to NFLPA Players Inc Licensing Agreement License Agreement between EA and NFL Players NFL Players Assoc Group Licensing Assignment

x x 10/22 x

Email from Corinne Beavers to Doug Allen dated 5/16/05 NFL Players Assoc Group Licensing Assignment NFL Players Assoc Retired Player Group Licensing Letter from LaShun Lawson to Jeremy Strauser Recess (w/o jury) Court and counsel discussed the use of attachments A & B to exhibit 1320. Parties do not agree on what the attachments are (A is a list and B is an addendum). Court will allow the exhibit list to be amended to include the attachments. Plaintiffs will not refer to A, but will use B. Reconvene...jury present

9:35 am 24 9:43 am 2047 1281 110 1164 -1 93 95 2046 91 11:17 am 11:37 am x x x x x x x x x x 10/22 x x x 10/22 x x x

Addendum to License Agreement Cross Examination Attachment A to EA License Agreement Active Player GLA Appendix C NFL Player Contract NFL Players Assoc Retired Player Group Licensing Retired Players GLA Letter from D. Cooper to D. Allen Agreement between the NFL Assoc and NFL Inc June 2004 Touchback Amendment to NFLPA Players Inc Licensing Agreement Recess Reconvene...jury present Court per counsels request advised the jury that Mr. Allen is not a member of the class.

11:38 am 2247 1307 1310 23 2262 2259 x x x x x x 10/22 x x

Continued Cross Examination Minutes of NFLPA Board of Player Directors' Meeting Equal Share Licensing Royalty Letter from D. Allen to NFLPA Member Street & Smith's Sports Business Journal Players Inc Brochure

2307 2291 2395 2056 29 28 2094 2089 2092 36 394 1:00 pm

x x x x x x x x x x x

x x x

October 2006 Players Inc Monthly Report March 2004 Players Inc Monthly Report Raider Data Base Print Out Compilation of Raider Data Base. Court will not let in evidence just on counsels word that this is a compilation

x 10/22 x x x x x

License Agreement between EA Inc, EA CV and NFL Players License Agreement between EA Inc, EA CV and NFL Players EA Joe Greene Ad Hoc Upper Deck Adderley Ad Hoc Upper Deck Vernand Morency Ad Hoc License Agreement Topps Co and NFL Players License Agreement Topps Co and NFL Players Recess until 10/28/08 (w/o jury) Plaintiffs would like to call witness Mrs Patricia Allen tomorrow, but might run out of time. Defendants agree to bring her back next week if she does make it on Wednesday.

1:10 pm

Recess until 10/28/08 at 7:30am

OCTOBER 28, 2008 7:35 am

c/r Kathy Sullivan

(w/o jury) Court and counsel discussed preliminary matters. Counsel will make reduced copies of the time line chart to give to the jury. Reconvene...jury present Court addressed the jury about time line chart and the witness schedule

7:45 am

7:47 am 1056 36 394 2125 1100 1109 99 12 withdraw x x x x x x x x 10/27 10/27 x x x x 10/22

Continued Cross Exam of Douglas Allen Proposal for Players Inc Extension License Agreement Topps Co and NFL Players License Agreement Topps Co and NFL Players Topps Roger Craig Ad Hoc License Agreement between RC2 Brands and NFL Players License Agreement between STATS and NFL Players Letter from R. Goodell to E. Upshaw re Sponsorship Memo from D. Allen and D. Ridley to NFLPA

2062 24 1320 8:41 am 53 95 9:20 am 9:38 am

x x x

x 10/27 10/27

EA License Agreement Addendum Letter from LaShun Lawson to Jeremy Strauser Redirect Examination

x x

x 10/27

Email from C. Beavers to D. Allen, A. Collins, C. Walker Agreement between the NFL Assoc and NFL Inc Recess Reconvene...jury present Continued Redirect

2262 2259 9:40 am 9:43 am

x x

10/27 10/27

Street & Smith's Sports Business Journal Players Inc Brochure Recross Examination Defendants confirmed that an exhibit was admitted under the wrong number. Court received exhibit #2056 and exhibit #1056 is withdrawn.

2056 9:44 am

x

x

Federal Rule of Evidence 1006 Compilation Witness Excused Plaintiffs' witness Bruce Laird sworn-in

1224 1225 10:28 am 2370 2392 1301 1245 -3 1245 -4

x x

x x

NFL Players Assoc Retired Player Group Licensing Form NFL Players Assoc Retired Player Group Licensing Form Plaintiffs read a stipulation to the jury

x x x x x x x x

NFLPA Constitution Topps Trading Cards Screen Shots of "scrambled" Bruce Laird from Madden Game EA Sports Madden 2003 - Screen Shot EA Sports Madden 2003 - Screen Shot Court will hear plaintiffs 608 at the next recess

10:45 am 11:15 am

Cross Examination Recess (w/o jury) Court and counsel addressed an issue

11:25 am

Recess

11:40 am

(w/o jury) Defendants confirmed Patricia Allen is here and is ready to be called as a witness today. Plaintiffs would rather call her next Monday so she is not interrupted. Reconvene..jury present Continued Cross Examination

11:44 am

2362 1225 12:06 pm 2362 12:15 pm 2362 12:16 pm

x x

x x

Email from Laird to Allen NFL Players Assoc Retired Player Group Redirect Examination

x

x

Email from Laird to Allen Recross Exam

x

x

Email from Laird to Allen Witness Excused Plaintiffs' witness Walter Beach sworn-in.

640 639 1245 1245 -1 1245 -7 644 1245 -8 1245 -9 1263 1263 -1 1263 -7 1:00 pm

x x x x x x x x

x x 10/21 10/21

NFL Players Assoc Retired Player Group Licensing NFL Players Assoc Retired Player Group Licensing EA Sports Madden 2003 Screen Shot 'Team Select' Screen Shot 'Depth Chart'

x

Walter Beach Trading Card Screen Shot 'Football Field w/score board' Screen Shot 'Football field'

10/21 10/21 x

EA Sports Madden 2007 Screen Shot 'Team Select' Screen Shot 'Player Managment' Recess until 10/29/08 at 7:30am

OCTOBER 29, 2008

c/r Kathy Sullivan

7:35 am

(w/o jury) Court and counsel discussed testimony re exhibit #2046 Touchback. Court will allow two lines in the Touchback to be read to the jury. Counsel made smaller versions of the time line chart to give to the jury (distributed) Plaintiffs moved in exhibits #1245-7, 1245-8, 1245-9 and 1263-7. Plaintiffs request to admit exhibit #2370 (objected to) Court will allow briefing on the exhibit re Constitution. Court wants copy of the statements made by Mr. Allen during his testimony re 'EA not being interested.' Plaintiffs gave the Court a copy of the Ninth Circuit ruling re ex 80. The courtroom will be sealed when ex 80 is shown. x x x x x x x x Screen Shot 'Depth Chart' Screen Shot 'Football Field w/score board' Screen Shot 'Football field' Screen Shot 'Player Management' Defendants object to this exhibit. Parties can brief issue Reconvene...jury present Cross Examination of Walter Beach

1245 -7 1245 -8 1245 -9 1263 -7 2370 objection 8:10 am

x

640 639 2046 9:00 am

10/28 10/28 10/22

NFL Players Assoc Retired Player Group Licensing NFL Players Assoc Retired Player Group Licensing June 2004 Touchback Witness Excused Plaintiffs' witness Joel Linzner sworn-in

1239 9:26 am

x

x

Summary of Vintage Teams Used in Madden Video Game Recess (w/o jury) Plaintiffs can call Mr. Rhee if they want even after the stipulation

9:30 am 9:50 am

Recess Reconvene...jury present Continued Direct

24 65 67 80 Redact subject to sealing

x x x x

10/27 x x x

Addendum License Agreement between EA Inc, EA CV and NFLPI License Agreement between EA Inc, EA CV and NFLPI License Agreement between EA Inc, EA CV and NFLPI

1246 1257 110 1320 1184 Redact 10:50 am

x x x x x

x x 10/22 10/27 x

EA Sports Madden 2004 EA Sports Madden 2006 NFL Players Assoc Retired Player Group Licensing Form Letter for LaShun Lawson to J. Strauser Email from J. Strauser to J. Luhr Recess (w/o jury) Court and counsel discussed the Hall of Fame issue. Court will allow plaintiffs to ask line of questions re Hall of Fame.

10:56 am 11:15 am

Recess (w/o jury) Court wants defendants to file a response to plaintiffs letter dated 10/29/08 by 5pm today. Defendants just received notice of ex 1164-2. Plaintiffs are not using it today. Reconvene...jury present Continued Direct

11:17 am

1268 1240 11:21 am 26 69 28 79 12:04 pm 12:22 pm 12:26 pm

x x

x x

EA Sports Madden 2007 Summary of Retired Players used in EA Sports Madden Video Cross Examination

x x x x

x x 10/22 x

License Agreement between ea and NFL Players Inc Letter from J. Linzner to C. Walker License Agreement between EA Inc , EA CV and NFL License Agreement between EA Inc and NFL Players Inc Redirect Examination Recross Examination Witness Excused Plaintiffs witness Peter Rhee sworn-in

1239 1240 12:34 pm 12:39 pm

x x

x x

Summary of Vintage Teams Used in Madden Video Summary of Retired Players used in EA Sports Madden Video Cross Examination Witness Excused Court addressed the jury regarding how a deposition is taken

12:41 pm

Plaintiffs' witness Glenn Eyrich by deposition taken on 2/12/08 by Ronald Katz. Deposition transcript read by Brett Charhon and Anthony Garza x x Financial Statements NFL Players Association

85

1:00 pm

Recess until 10/30/08 at 7:30am (w/o jury) Defendants request the Court redact the comments made about 'GLA language.' Court made comment that jury decides the case

1:01 pm

Recess

OCTOBER 30, 2008 7:30 am

c/r Kathy Sullivan

(w/o jury) Court and counsel discussed issue regarding the Hall of Fame licensing to EA. Court reviewed the string of emails in ex. #521 and 522. Court is giving counsel latitude to ask questions about Mr. Adderley receiving money under the Hall of Fame Agreement. Recess Reconvene...jury present Court gave each side 30 seconds to update the jury about the deposition read-in.

8:30 am 8:39 am

8:41 am 102 103 104 105 19 96 97 9:11 am 1109 9:27 am 1109 2000 9:57 am 1109 10:02 am 10:03 am x 10/28 x x 10/28 x x 10/28 Redact x x x x x x x x x x x x x x

Continued reading in the deposition of Glenn Eyrich Gross Licensing Revenues 2003 Gross Licensing Revenues 2004 Gross Licensing Revenues 2005 Gross Licensing Revenues 2006 NFL Players Assoc Retired Player Group Licensing Equal Share Licensing Royalty Financial Statement NFL Players Defendants witness Steven Berg sworn-in License Agreement between STATS and NFL Players Inc Cross Examination License Agreement between STATS and NFL Players Inc STATS License Agreement Redirect License Agreement between STATS and NFL Players Inc Witness Excused Recess (w/o jury) Court advised counsel of the proper way to impeach a witness.

10:05 am 10:25 am

Recess Reconvene...jury present Plaintiffs' witness Herbert Adderley sworn-in

110 19 64 2046 11:18 am 11:19 am 11:32 am Redact

x x x x

10/22 x x 10/22

NFL Players Assoc Retired Player Group Licensing Form NFL Players Assoc Retired Player Group Licensing NFL Players Assoc 2004-2006 (1st ten and last ten pages only) June 2004 Touchback Court addressed the jury Cross Examination Recess (w/o jury) Court and counsel argued issue re Reebok and will allow defendants to call witnesses

11:37 am 11:51 am

Recess Reconvene...jury present Continued Cross Examination

2056 2336 2087 2089 12:38 pm 1326 12:49 pm 12:52 pm 12:53 pm

x x x x

10/28 x x 10/27

Federal Rule of Evidence 1006 Compilation Adderely Ad Hoc with Upper Deck Adderely Ad Hoc with Upper Deck Adderely Ad Hoc with Upper Deck Redirect Exam

x

x

Reebok Jersey Recross Exam Witness Excused Recess until 10/31/08 at 7:30am (w/o jury) Court and counsel discussed with witness schedule

1:00 pm

Recess until 10/31/08 at 7:30am

OCTOBER 31, 2008 7:30 am 7:40 am 7:48 am

c/r Kathy Sullivan

(w/o jury) Court and counsel discussed some issues Recess Reconvene...jury present Plaintiffs' witness Richard Berthelsen sworn-in

x 125 93 95 91 1130 110 28 8:34 am 8:41 am 8:42 am 1148 56 1034 521 522 9:20 am 9:35 am see list 9:38 am x x x x x x x x x x x x x x x x x x x 10/22 10/22 10/22 10/27 10/27 10/27 Agreement between NFL Players Assoc and NFL Players Inc Letter from D. Cooper to D. Allen Agreement between the NFL Players Assoc 7 NFL Players Inc Amendment to 3/1/2000 NFLPA Plaintiff agreed to use the complete copy #85 - admitted 10/29 NFL Players Assoc Retired Player Group Licensing License Agreement Cross Examination Witness Excused Plaintiffs' witness Joe Nahra sworn-in License Agreement between Fantasy Sports and NFL Players License Agreement among EA, EA CV, National Football Museum, and NFL Players Inc Email from C. Walker to P. Cairns Email to A. Feffer from J. Nahra Email to P. Cairns from A. Feffer Recess (w/o jury) Counsel provided the Court a 4 page list of exhibits they stipulate to admitting. All of the exhibits are Received. Stipulated list of exhibits received into evidence Reconvene...jury present Cross Examination 9:41 am 56 2320 1148 10:02 am 10:09 am 10:11 am 10:13 am objection x x x x x Joint Stipulated Fact #13 read to the jury by defendants License Agreement among EA, EA CV, National Football Museum, and NFL Players Inc Letter from Bankert to Hunt (objection. no foundation) License Agreement between Fantasy Sports and NFL Players Redirect Side Bar Court addressed the jury re question by Mr. Kessler re Upshaw in Hall of Fame Witness Excused, subject to recall Plaintiffs' witness Daniel Rascher sworn-in

1208 -3

Redact 10:43 am 1208 -1 Redact 11:21 am

x

x

Appendix A to Expert Report (page 3 only) Cross Examination

x

x

Appendix A to Expert Report Recess (w/o jury) Court wants to know if findings are needed on the . Plaintiffs offered instruction on IP rights re scrambling

11:23 am 11:40 am 1275 -3 12:09 pm 1024 objection 12:16 pm 12:19 pm x x x

Recess Reconvene...jury present Appendix B to expert Reply report of Racher Redirect NFLPA Financial Statements Recross Witness Excused Plaintiffs addressed the jury to give them a summary of the rest of their case

12:21 pm 12:21 pm 12:23 pm

Defendants addressed the jury to give them a summary of the rest of their case Court admonished the jury Recess (w/o jury) Court provided counsel a copy of the draft jury instructions. Parties shall file a response by 5pm on 11/3/08.

12:27 pm

Recess until 11/4/08 at 7:30am

NOVEMBER 3, 2008 7:30 am 7:45 am 7:52 am (w/o jury) Recess Reconvene

c/r Kathy Sullivan

Plaintiffs' witness Philip Rowley sworn-in 1218 1217 8:26 am x x x x Royalty Payments Detail Total Royalty Payments by Year by License Cross Examination

1323 -1 99

x x

x 10/28

Exhibit 1 to Supplemental Expert Report of Philip Rowley Letter from R. Goodell to E Upshaw

1323 -17 9:20 am

x

x

Exhibit 1 to Supplemental Expert Report Recess (w/o jury) Court asked counsel to prepare a stipulated list of the admitted exhibits for the jury. Defendants raised an issue on a portion of Gene Upshaws deposition of that can come into

9:23 am 9:52 am

Recess Reconvene...jury present Continued Cross

2057 1307 2056 1217 1218 1323 -1 10:42 am 110 1221 1217 11:03 am 104 95 11:13 am

x x x x x x

x 10/27 10/28 x x x

Various Dates - Federal Rule of Evidence Equal Share Licensing Royalty Federal Rule of Evidence 1006 Compilation Total Royalty Payments Royalty Payments Detail Exhibit 1 to Supplemental Expert Report of Philip Rowley Redirect

x x x

10/22 x x

NFL Players Assoc Retired Player Group License Agreements - Subset Total Royalty Payments Recross

x x

10/30 10/27

Gross Licensing Revenues Agreement between NFL Players Assoc and NFL Players Inc Witness Excused Plaintiffs read stipulated facts to the jury: 1) Mr. Adderley is a retired football player; 2) NFL Players Assoc is a non profit. Headquarters in DC: 3) NFL Players Inc is a Virginia Corp; 4) Mr. Adderley is a named representative of a class of retired players; 5) GLA class consists of 2062 members (ex 1164 is compilation of GLAs); and 6) EA manufactures and sells EA Madden Football game.

11:15 am 11:17 am

Plaintiffs REST, subject to exhibit 1164 and testimony of Patricia Allen Recess

(w/o jury) Defendants' Rule 50 Motion is deemed submitted. 11:20 m 11:40 am Recess Reconvene...jury present Defendants' witness Dan Goich sworn-in 2349 12:07 pm 2349 12:15 pm 12:19 pm 12:20 pm x x x x NFL Players Assoc Retired Player Group Cross Examination NFL Players Assoc Retired Player Group Redirect Recross Witness Excused Defendants' witness Trace Armstrong sworn-in 132 2245 12:53 pm x x 10/22 x NLF Players Association Constitution NFLPA Financial Statement Recess until 11/4/08 (w/o jury) Plaintiffs' motion to go into issue of the money being paid by the union is Denied. 12:58 pm Recess until 11/4/08 at 7:30am

NOVEMBER 4, 2008 7:30 am 7:57 am

c/r Kathy Sullivan

(w/o jury) Court and counsel addressed several issues Reconvene...jury present Continued Direct of Trace Armstrong

1301 8:15 am 1164 -3 8:35 am 8:39 am 8:39 am

x

10/28

Screen Shots of "scrambled" Bruce Laird from Madden Game Cross Examination

x

x

Retired Player Group Licensing Authorization Form Redirect Recross Witness Excused Plaintiffs' witness Patricia Allen sworn-in

1049 1296 9:09 am

x x

x x

Email from P Allen to C. Walker and P. Adolph Annual Review of Players, Inc Recess

9:33 am

Reconvene...jury present Continued Direct

1298 1299 9:36 am 2260 2263 2292 2306 10:01 am 2260 10:05 am 1164 -50 1164 -51 1164 1164 -4 10:08 am

x x

x x

Annual Review of Players, Inc Annual Review of Players, Inc Cross Examination

x x x

x x x

Players Inc Brochure Hard-Hitting Marketing Brochure Players Inc Monthly Reports Redirect

x

x

Players Inc Brochure Re Redirect

x x x x

x x x x

Retired Player Group Licensing Form Retired Player Group Licensing Form

Group of Players Licensing Forms Plaintiffs REST Defendants' witness Professor Roger Noll sworn-in

E1 2397 2398 E2 2056

objection

x x x x x

demonstrative exhibit - summary Distribution of Licensing Revenues Among Players Distribution of Licensing Revenues Among Players demonstrative exhibit - summary 10/28 Federal Rule of Evidence 1006 Compilation Recess Reconvene...jury present Continued Direct

objection

x x

11:02 am 11:20 am

2399 3000 objection 11:47 am 2397 12:50 pm 1:00 pm

x x

x

Percentage of Licensing Income Paid to Players Expert Report Cross Examination

x

x

Distribution of Licensing Revenues Among Players Redirect Recess

(w/o jury) Court gave counsel the used time and a copy of draft jury instructions and verdict form. Ten page responses due tonight. Charging conference will be held on Thursday. 1:05 pm Recess until 11/5/08 at 7:30 am

NOVEMBER 5, 2008 7:30 am

c/r Kathy Sullivan

(w/o jury) Defendants filed a brief for a jury instruction on the issue of Breach of Duty. Plaintiffs shall file a response brief today. Defendants will rest, after reading depositions today. Court will allow plaintiffs to read portion of Pat Allen's deposition on rebuttal. Defendants object to plaintiffs designations of Mr. Frisk. Court will allow a portion to be read. Reconvene...jury present Continued Redirect of Prof Roger Noll

8:10 am

2399 2397 8:36 am

x x

11/4 11/4 Recross Examination Email chain

8:53 am 9:03 am 9:03 am 9:04 am 9:05 am 9:20 am 9:30 am

Re Redirect Examination Re Recross Examination Re Re Redirect Examination Witness Excused Recess (w/o jury) Court and counsel discussed the counter designations. Plaintiffs are dropping Frisk and Reebok. Reconvene...jury present Defendants' witness Gene Upshaw by deposition taken on 2/13/08. Deposition read by Molly Donovan and Roy Taub.

91 99 9:55 am 113 1268 -108 2272

x x

10/27 10/28

Amendment to NFLPA Letter from R. Goodell to E. Upshaw Defendants moved in exhibits 113, 1268-108, 2272

x x x

x x x

Form Letter from G. Upshaw re Payment EA Sports Madden 2007 - Screen Shot Madden 2007 Screenshot Player Information

10:01 am

Defendants REST Plaintiffs want an admonition to the jury re the Courts request for defendants to link scrimmage issue. Defendants want to address outside the presence of the jury.

10:02 am

Recess (w/o jury) Court and counsel discussed plaintiffs request to give the jury an admonition. Exhibit #1327 is excluded.

10:14 am 10:24 am

Recess (w/o jury) Defendants raised issue about Take 2. Court is going to instruct jury that counsel on both sides have put in facts that are not in evidence. Parties agree to deal with the exhibit request sent to the Courtroom Deputy from the press. Reconvene...jury present Plaintiffs' Rebuttal witness Howard J. Skall by deposition taken 2/14/08 by Ryan Hilbert. Read by Ryan Hilbert and Anthony Garza.

10:35 am

10:40 am 1164 4 10:41 am x x

Plaintiffs confirmed exhibit #1164-4 is in evidence Compilation of Retired Player Group Licensing Forms No Sur-Rebuttal Court addressed the jury about the remaining schedule. Jury should return on Friday. Charging conference will be held tomorrow. Court admonished the jury.

10:48 am 11:22 am 12:45 pm

Recess until 11/7/08 at 7:30am (w/o jury) Counsel argued Defendants Rule 50 Motion Recess until 11/6/08 at 7:30 am

NOVEMBER 6, 2008 7:30 am

c/r Kathy Sullivan

Charging Conference held (outside the presence of the jury) Court will provide counsel with a final version of the instructions and verdict form later today. Recess until 11/7/08 at 7:30am

11:15 am

NOVEMBER 7, 2008

c/r Kathy Sullivan

7:30 am

(w/o jury) Defendants object to the plaintiffs demonstrative boards because they cutoff some of the questions and witness answers. Court will add instruction to address the issue raised in plaintiffs letter re paragraph 46. Defendants clarified that exhibit #1268-108 (withdrawn) was misidentified, it should have been exhibit #1263-108. Plaintiffs stipulate to changing the exhibit. Plaintiffs request for 10 minutes more for closing argument is denied. Demonstrative boards can be placed where ever counsel want. Plaintiffs can use 'double-talk' in rebuttal. Exhibit #2370 is withdrawn. Court will decide later if Mr. Berthelson must stay for punitive case. Plaintiff identified former NFL player sitting in galley. x x Screen Shot Recess Reconvene...jury present Court addressed the jury regarding the process for

1263 108 8:00 am 8:15 am

8:18 am 9:26 am

Plaintiffs' Closing Argument Recess (w/o jury) Court will give each side an additional 15 minutes for closing.

9:30 am 9:45 am

Recess Reconvene...jury present Defendants' Closing Argument

11:06 am 11:25 am

Recess Reconvene...jury present Plaintiffs' Rebuttal Closing Argument

11:48 am 12:49 pm

Jury Instructions Read to the Jury Recess Trial exhibits vetted by plaintiff 's paralegal, Suzie and defendants' paralegal, Lauren before going to the jury. After the verdict is reached, exhibit #80 will be placed under seal and redacted version exhibit #80-1 will be substituted. Deliberations Began

4:00 pm

Recess until 11/10/08

NOVEMBER 10, 2008 7:45 am Deliberation Continued

1:40 pm

Reconvene...jury present Verdict Read in favor of Plaintiff

1:50 pm

Recess (w/o jury) Court and counsel discussed how to proceed with the punitive damages trial. Court will allow plaintiffs to use an exhibit re financial statement in the next phase.

2:00 pm 2:20 pm 2:27 pm 2:30 pm 2242 2:37 pm 2:45 pm 2:55 pm 2:55 pm x x

Recess (w/o jury) Court and counsel discussed the procedure Reconvene...jury present Witness Richard Berthelsen sworn-in Financial Report Cross Examination Redirect Examination Recross Examination Witness Excused Plaintiffs REST

2:56 pm

Defendants REST Jury Instruction Read to the Jury

3:01 pm 3:14 pm 3:21 pm 3:24 pm 3:25 pm

Plaintiffs' Closing Argument Defendants' Closing Argument Plaintiffs' Rebuttal Closing Court read the jury instruction again Recess Deliberation Again (w/o jury) Court request briefing on a procedural issue. Judgment will be entered.

3:28 pm 4:15 pm

Recess Reconvene...jury present Verdict read on the Punitive Damages

4:19 pm

Jury thanked and discharged. (w/o jury) Court and counsel discussed talking to the jury

4:20 pm

ADJOURNED Page 1