Parrish et al v. National Football League Players Incorporated

Filing 666

Declaration of Ryan S. Hilbert in Support of 665 Response ( Non Motion ) filed byHerbert Anthony Adderley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 665 ) (Katz, Ronald) (Filed on 11/18/2009)

Parrish et al v. National Football League Players Incorporated

Doc. 666 Att. 1

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Exhibit B To The Declaration Of Ryan S. Hilbert In Support Of Class Counsels' Response To November 17, 2009 Order

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Mark Malin ( Bar No. 199757) mr7aal in @ dl, com DEWEY & LEBOEUF LLP
1950 University Avenue, Suite 500 East Palo Alto, CA 94303

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Tel: [phone]; Fax: [phone]
Jeffrey L. Kessler (pro hac vice) [e-mail] David G. Feher (pro hac vice) [e-mail]

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Eamon O'Kelly (pro hac vice) eokelly@ dl. com DEWEY & LEBOEUF LLP 1301 Avenue of the Americas New York, NY 10019 Tel; [phone]; Fax: [phone] Kenneth L. Steinthal (pro hac vice) kenneth . steinthal @ wei1.com Claire E. Goldstein ( Bar No. 237979) claire . goldstein @ weit.com WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores , CA 94065 Tel: [phone]; Fax : ( 650) 802-3100
Bruce S. Meyer (pro hac vice) brace. ineyer@Weil, com

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New York, NY 10153 Tel: [phone]; Fax: [phone]
Attorneys for Defendants National Football League Players Association and National Football League Players Xneorporated dlbla Players Inc UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION BERNARD PAUL PARRISH, HERBERT ANTHONY ADDERLEY, WALTER ROBERTS 111, Case No. C 07 00943 WHA Plaintiffs, NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES

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NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED dlblal PLAYERS INC.

Defendants.

NFLPA' s Responses and Objections To Plaintiffs' First Set of Interrogatories

Civ. Action No. C07 0943 WBA

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Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure , Defendant National Football League Players Association ("NFLPA ") hereby responds and objects to Plaintiffs' First Set of Interrogatories to Defendant NFLPA (collectively , the "Interrogatories," and individually, an "Interrogatory"), dated November 20, 2007. i^l<,L diVl11^EHWf MT` P4M`T The following responses and objections are based upon the information currently known and available to the NFLPA, including information ascertained pursuant to the NFLPA's reasonable inquiry in response to each Interrogatory. Discovery and investigation are in the preliminary stages and are ongoing, and may disclose the existence of additional information responsive to the Interrogatories. The NFLPA reserves the right to amend or supplement these responses and objections as additional information is discovered, revealed, recalled or otherwise ascertained. The NFLPA further reserves the right to amend these responses and objections in light of any future rulings by the Court, The NFLPA specifically reserves the right to utilize subsequently discovered information or evidence at trial. The NFLPA's responses and objections to any Interrogatory shall not waive any objections by the NFLPA , in this or in any subsequent proceeding , on any grounds, including objections as to the competency, relevancy, materiality, privilege or admissibility of the responses, or the subject matter thereof.

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GENERAL OB k MONS
The NFLPA asserts the following general objections with respect to each of the Interrogatories:

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1.

The NFLPA objects to the Interrogatories, including the General

Instructions, to the extent that they purport to impose obligations beyond those imposed by the

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Federal Rules of Civil Procedure, the Local Rules of the Northern District of California, an applicable Order of this Court, or any other applicable rules or statutes.
2. The NFLPA objects to the Interrogatories to the extent that they seek

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information subject to the attorney-client privilege, the work-product doctrine, or any other

applicable evidentiary or other privilege, immunity or restriction. Any response is made without
NFLPA's Responses and Objections To Plaintiffs' First Sei of Interrogatories C iv. Action No. C07 0943 WI-IA

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waiver of any privilege, claim of confidentiality, or other objection. Insofar as any response by the NFLPA may be deemed to be a waiver of any privilege or right, such waiver shall be deemed to be a limited waiver with respect to that particular information only. 3.
irlloi°iilatio rl

The NFLPA objects to the Interrogatories to the extent that they seek ng
or

r

Cotlstitut i

containi n g tra d e secrets, c o mpetit ively sensitive

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w or ot t er

non--public confidential or proprietary information. The NFLPA agrees to disclose such information only pursuant to the terms of the protective order that has been so-ordered by the Court in this action.
4. The NFLPA objects to the Interrogatories to the extent that they seek

responses that are not relevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence. As set forth in the next paragraph, this objection includes, but is not limited to, Interrogatories calling for information outside. the applicable statutes of limitations.

5.

The NFLPA objects to the Interrogatories to the extent that they call for

responses relating to any asserted conduct by the NFLPA prior to February 14, 2003, the commencement of the earliest applicable statutes of limitations for any claim asserted in the 17 18 19 20 21 22 23
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Third Amended Complaint. 5. The NFLPA objects to the Interrogatories to the extent they call for

information outside the scope of the claims of the putative class representatives.
7. The NFLPA objects to the Interrogatories to the extent that they are vague,

ambiguous, overly broad in scope, confusing or unduly burdensome. 8, The NFLPA objects to the Interrogatories to the extent that they seek

information not in the NFLPA's possession, custody or control. The NFLPA construes each Interrogatory as requiring it to engage in a reasonable search for responsive information within its possession, custody or control.

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The NFLPA reserves all objections or other positions it may have as to the

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response to the Interrogatories for any purpose whatsoever. -2NFLPA's Responses and Objections To Plaintiffs' Firs[ 5el of Interrogatories Civ. Action No. Col 0943 WHA

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RESPONSES AND SPECIFIC OB J ECTIONS
The NFLPA expressly incorporates each of the above general objections in its response to each specific Request as if fully set forth therein.

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INTERROGATORY NO. I
iitains A At I eac a 1- player wh o printed text to the GLA attached hereto as Exhibit A and that was in effect during the statute of limitations period. For purposes of this interrogatory, the term "IDENTIFY", means to provide the (a) retired NFL player's full name; (b) retired NFL player's address; (c) year in which the GLA was signed; and (d) year in which the GLA expired.
1u1"_.N loured 1-41 signed (3-LA that CO identical.

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RESPONSE TO INTERROGATORY NO.1
The NFLPA objects to Interrogatory No. I on the grounds that it calls for information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, and is unduly burdensome. Specifically, Interrogatory No. I requests identifying information of putative class members, but such information is neither relevant nor

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discoverable under the Federal Rules of Civil Procedure before the certification of a class. See, c.g., Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 354-55 (1978). At this stage of the litigation, Plaintiffs may, at most, discover the number of putative class members. Moreover, Interrogatory No, 1 requests information about retired players who signed the referenced GLA without regard to whether such GLAs were in effeet during the time period that Herbert

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Adderley -- the only Plaintiff who asserts a claim based on a GLA -- had a GLA in effect. Within the limitations period, Mr. Adderley had a GLA in effect between February 14, 2003 (the start of the limitations period) and December 31, 2005 (the date Mr. Adderley's last GLA expired). The information requested concerning retired players who did not have a GLA in effect at any time during this period is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. The NFLPA further objects to Interrogatory No. I on the ground that it is unduly burdensome in that it calls for information that Plaintiffs may otherwise ascertain from business records that have already been produced in this litigation (i.e., GLAs themselves).

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NPLPA's Responses and Objections To Plaintiffs' First Set of Interrogatories

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Subject to and without waiver of the foregoing objections, and pursuant to 2 Rule 33(d) of the Federal Rules of Civil Procedure, the NFLPA responds to Interrogatory No. I by reference to GLAs previously produced in this action that can be found within Bates Range

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PJ027379 to PI030996. After conducting a reasonable and diligent search, the NFLPA has
aSeertairxed that
an add'it'ional

four ,

p ers ons, Aa d GLAs

ill effect

some ti n-re between February

14,

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2003 and December 31, 2005, but for whom the NFLPA has not been able to locate the corresponding GLAs. The NFLPA is not certain whether the GLAs for these persons were or were not in the referenced form.

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INTERROGATORY NO.2
IDENTIFY each retired NFL player who signed a GLA that was in effect during the statute of limitations period and that includes a provision stating "it is further understood that the moneys generated by such licensing of retired player group rights will be divided between the player and an escrow account for all eligible NFLPA members who have signed a group licensing authorization form." For purposes of this interrogatory, the term "IDENTIFY" means to provide the (a) retired NFL player's full name; (b) retired NFL player's address; (c) year in which the GLA was signed; and (d) year in which the GLA expired.

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RESPONSE TO INTERROGATORY NO, 2
The NFLPA objects to Interrogatory No. 2 on the grounds that it calls for information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, and is unduly burdensome. Specifically, Interrogatory No. 2 requests

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identifying information of putative class members, but such information is neither relevant nor

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discoverable under the Federal Rules of Civil Procedure before the certification of a class. See,

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eg_, Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 354-55 (1978). At this stage of the

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litigation, Plaintiffs may, at most, discover the number of putative class members. Moreover,

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Interrogatory No. 2 requests information about retired players who signed the referenced GLA

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without regard to whether such GLAs were in effect during the time period that Herbert

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Adderley -- the only Plaintiff who asserts a claim based on a GLA -- had a GLA in effect,

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Within the limitations period, Mr. Adderley had a GLA in effect between February 14, 2003 (the

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start of the limitations period) and December 31, 2005 (the date Mr. Adderley's last GLA

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expired). The information requested concerning retired players who did not have a GLA in

-4NFLI'A's Responses and Objections To Plaintiffs' First Set of Interrogatories

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effect at any time during this period is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. The NFLPA further objects to Interrogatory No. 2 on the ground that it is unduly burdensome in that it calls for information that Plaintiffs may otherwise ascertain from business records that have already been produced in this litigation (i.e., GLAs
411lii lEJ V1 Y VJf.

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Subject to and without waiver of the foregoing objections, and pursuant to Rule 33(d) of the Federal Rules of Civil Procedure, the NFLPA responds to Interrogatory No. 2 by reference to GLAs previously produced in this action that can be found within Bates Range P1027379 to P1030996. After conducting a reasonable and diligent search, the NFLPA has ascertained that an additional four persons had GLAs in effect sometime between February 14, 2003 and December 31, 2005, but for whom the NFLPA has not been able to locate the

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corresponding GLAs. The NFLPA believes those GLAs may have contained the language quoted in Interrogatory No. 2.

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INTERROGATORY NO.3
IDENTIFY each retired NFL player who paid dues to be a member of the NFLPA within the statute of limitations and within the period of time that the Constitution attached hereto as Exhibit B was in effect, but who, according to your records, did not sign a GLA the same year that they were a member. For purposes of this interrogatory, the term "IDENTIFY" means to provide the (a) retired NFL player's full name; (b) retired NFL player's address; and (c) year(s) in which that player paid dues

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RESPONSE TO INTERROGATORY NO.3
. The NFLPA objects to Interrogatory No. 3 on the ground that it is vague and

ambiguous in its reference to retired NFL players who paid dues to "be a member of the NFLPA-" Subject to and without waiving that objection, for purposes of this response the

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Nl~LPA interprets the quoted language to refer to retired NFL players who paid dues to be a member of the NFLPA Retired Players Association. The NFLPA further objects to Interrogatory No. 3 on the grounds that it calls for information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, and is unduly burdensome. Specifically, Interrogatory No. 3 requests identifying information of putative class members, but such information is neither relevant nor discoverable under the Federal Rules of Civil Procedure

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NFUTA' s Responses and Objections 'Ib Plaintif'fs' First Set of Interrogatories Civ. Action No. C07 0943 WHA

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before the certification of a class. See,, Oppenheimer Fund, Inc. y. Sanders, 437 U.S. 340, 354-55 (1978). At this stage of the litigation, Plaintiffs may, at most, discover the number of putative class members. Moreover, Interrogatory No. 3 requests information about certain members of the NFLPA Retired Players Association without regard to whether such persons
.sere nieiiiberu of the ^1T^r DA Retir.°.d

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Players

lies ^ el ati^'n during UIC tea3te period L.I.

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ta rd

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Parrish -- the only Plaintiff who asserts a clairn based on being a member of the NFLPA Retired Players Association -- was such a member. Within the limitations period, Mr, Parrish was a member of the NFLPA Retired Players Association from April 28, 2005 to April 30, 2006. Information related to retired players who were not members of the NFLPA Retired Players Association at any time during this period is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiver of the foregoing objections, the NFLPA responds as follows. The March 1994 Constitution attached as Exhibit B to Plaintiffs' Interrogatories was amended in or around March 1996 and was therefore not in effect during the applicable statute of limitations period. Accordingly, no retired players meet the criteria set forth in Interrogatory
No. 3. The NFLPA is willing to meet and confer with Plaintiffs about, and respond in a timely manner to, a refornrulation of Interrogatory No. 3,

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Date: December 20, 2007

BY:
avid G.-F^r

A tto rneys .for Defendant NFLPA 22 23 24 '25 26 27 29 -6NFLPA's Responses and Objections To Plaintiffs' First Set of Interrogatories Civ. Action No. C07 0943 WHA

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VERIFICATION OF ANDRE COLLINS 1, Andre Collins , hereby declare; I arcs employed as the Director of the National Football League Players Association ("NFLPA" ) Retired Players Department and am authorized to rnakte this verification on behalf of the NFLPA. I have read the NFLPA' s Responses and Objections to Plaintiffs' l,irsi Set of Interrogatories and hereby declare under penalty of perjury that said responses are either

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true to tho best of my personal . knowledge or were assembled by authorized employees or agents of the NFLPA who inform me that the facts as to which l do not have personal knawlcdgc are

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true to the best of that person's or persons ' knowledge and belief. . Executed in Washington, D.C. can December 20, 2047

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