Parrish et al v. National Football League Players Incorporated

Filing 597

Declaration of Ryan S. Hilbert in Support of 596 Memorandum in Opposition, to Defendants' Renewed Motion for Judgment as a Matter of Law filed byBernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q pt 1, # 18 Exhibit Q pt 2, # 19 Exhibit R, # 20 Exhibit S pt 1, # 21 Exhibit S pt 2a, # 22 Exhibit S 2b, # 23 Exhibit S pt 3, # 24 Exhibit S pt 4, # 25 Exhibit S pt 5, # 26 Exhibit S pt 6, # 27 Exhibit T pt 1, # 28 Exhibit T pt 2, # 29 Exhibit U, # 30 Exhibit V)(Related document(s) 596 ) (Hilbert, Ryan) (Filed on 12/18/2008)

Parrish et al v. National Football League Players Incorporated

Doc. 597

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MANATT, PHELPS & PHILLIPS, LLP
ATTO RNEY S AT LAW PA L O A L T O

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: [e-mail] JILL ADLER (Bar No. CA 150783) E-mail: [e-mail] 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 CIVIL ACTION NO. C07 0943 WHA 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,

DECLARATION OF RYAN S. HILBERT IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW Date: Time: Judge: January 8, 2009 8:00 a.m. Honorable William H. Alsup

Defendants.
DECLARATION OF RYAN S. HILBERT CASE NO. C07 0943 WHA

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MANATT, PHELPS & PHILLIPS, LLP
ATTO RNEY S AT LAW PA L O A L T O

I, Ryan S. Hilbert, declare as follows: 1. I am an associate with Manatt, Phelps & Phillips, LLP, attorneys of record for

Plaintiff Herbert Anthony Adderley and the GLA Class in the above-captioned matter. The facts below are true and correct and within my own personal knowledge. If called on to testify to them, I could and would competently do so. 2. Attached hereto as Exhibit A is a true and correct copy of relevant excerpts from

the Trial Transcripts in this matter. Trial occurred from October 20, 2008 through November 10, 2008. 3. Attached hereto as Exhibit B is a true and correct copy of the 2000 Agreement

between the NFLPA and Players Inc (Trial Exhibit 95). 4. Attached hereto as Exhibit C is a true and correct copy of the royalty payments

made by each licensee during the relevant time period (Trial Exhibit 1217). 5. Attached hereto as Exhibit D is a true and correct copy of a chart showing the

annual payments made by each licensee during the relevant time period (Trial Exhibit 1218). 6. Attached hereto as Exhibit E is a true and correct copy of a list of license

agreements between the NFLPA and its licensees (Trial Exhibit 1221). 7. Attached hereto as Exhibit F is a true and correct copy of the 2005 License

Agreement between Electronic Arts, Inc. and Players Inc (Trial Exhibit 29). 8. Attached hereto as Exhibit G is a true and correct copy of a webpage that

previously could be found at nflplayers.com (Trial Exhibit 5). 9. Attached hereto as Exhibit H is a true and correct copy of Equal Share Licensing

Royalty Distribution Criteria Royalty Eligibility for 2002 Season, Payment during 2003 Season (Trial Exhibit 96). 10. Attached hereto as Exhibit I is a true and correct copy of the June 2004 Touchback

magazine (Trial Exhibit 2046).

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DECLARATION OF RYAN S. HILBERT CASE NO. C07 0943 WHA

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MANATT, PHELPS & PHILLIPS, LLP
ATTO RNEY S AT LAW PA L O A L T O

11.

Attached hereto as Exhibit J is a true and correct copy of the NFL Players

Association Retired Player Group Licensing Authorization Form signed by Herb Adderley (Trial Exhibit 110). 12. Attached hereto as Exhibit K is a true and correct copy of Players Inc Responses

and Objection to Plaintiffs' First Set of Requests for Admissions, dated August 1, 2007. 13. Attached hereto as Exhibit L is a true and correct copy of a letter to Jeremy

Strauser of Electronic Arts from LaShun Lawson of the NFLPA dated May 31, 2001 (Trial Exhibit 1320). 14. Attached hereto as Exhibit M is a true and correct copy of an e-mail from Clay

Walker to Joe Nahra dated February 20, 2007 regarding EA Sports (Trial Exhibit 521). 15. Attached hereto as Exhibit N is a true and correct copy of the Complaint in the

matter National Football League Players Association v. National Football League and National Football League Management Council, Case No. 08CV6254 RHK/JJG. D. Minn., dated December 4, 2008. 16. Attached hereto as Exhibit O is a true and correct copy of a solicitation letter from

Doug Allen to retired players (Trial Exhibit 23). 17. Attached hereto as Exhibit P is a true and correct copy of the Retired Players

Group Licensing Agreement (Trial Exhibit 506). 18. Attached hereto as Exhibit Q is a true and correct copy of the License Agreement

between the NFLPA and Electronic Arts, Inc ("EA") and Electronic Arts C.V ("EACV") (Trial Exhibit 65). 19. Attached hereto as Exhibit R is a true and correct copy of the License Proposal

sent to Clay Walker of Players Inc from Joel Linzer of Electronic Arts (Trial Exhibit 66). 20. Attached hereto as Exhibit S is a true and correct copy of Players Inc's Annual

Review dated March 28, 2004 (Trial Exhibit 1296).

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DECLARATION OF RYAN S. HILBERT CASE NO. C07 0943 WHA

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MANATT, PHELPS & PHILLIPS, LLP
ATTO RNEY S AT LAW PA L O A L T O

21.

Attached hereto as Exhibit T is a true and correct copy of Players Inc's Annual

Review dated March 12, 2005 (Trial Exhibit 1298). 22. Attached hereto as Exhibit U is a true and correct copy of Payers Inc's Annual

Review dated March 2006 (Trial Exhibit 1299). 23. Attached hereto as Exhibit V is a true and correct copy of a summary list of each

member of the GLA Class and the years in which the GLA member had a GLA in effect (Trial Exhibit 2057). 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 December 18, 2008. /s/ Ryan S. Hilbert Ryan S. Hilbert

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DECLARATION OF RYAN S. HILBERT CASE NO. C07 0943 WHA