Parrish et al v. National Football League Players Incorporated

Filing 678

Third MOTION Regarding Payment of Administration Costs From the Settlement Fund filed by Herbert Anthony Adderley. Motion Hearing set for 4/15/2010 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Katz, Ronald) (Filed on 3/11/2010)

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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW PALO 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 NAYLOR (Bar No. CA 150783) E-mail: [e-mail] 300 Crescent Court Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

HERBERT ANTHONY ADDERLEY, on behalf of himself 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, Defendants.

CIVIL ACTION NO. C07 0943 WHA THIRD MOTION REGARDING PAYMENT OF ADMINISTRATION COSTS FROM THE SETTLEMENT FUND Date: Thursday, April 15, 2010 Time: 8:00 a.m. Judge: Honorable William H. Alsup Place: Courtroom 9, 19th Floor

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THIRD MOTION RE GCG INVOICE CASE NO. C 07-0943 WHA

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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW PALO A L T O

I.

INTRODUCTION By this motion, Class Counsel seeks an order approving a disbursement from the

Settlement Fund (as defined in the Settlement Agreement) in order to pay a March 9, 2010 invoice from Garden City Group, Inc. ("Garden City"), the class administrator in this matter.1 Class Counsel have contacted Defendants' counsel, who have indicated that Defendants do not oppose this motion. II. ARGUMENT On June 5, 2009 the parties to this action entered into a Settlement Agreement ("Settlement Agreement"). See Declaration of Lewis LeClair in Support of Third Motion Regarding Payment of Administration Costs from the Settlement Fund ("LeClair Decl."), Exhibit A. Paragraph 36 of the Settlement Agreement provides that administrative costs incurred in connection with effectuating the settlement agreement and distributing monies from the settlement will be paid from the Settlement Fund: [d]isbursements for Notice and Administration Costs, including reasonable expenses associated with providing notice of the settlement to the Class [and] expenses associated with administering the settlement . . . shall be paid from the Settlement Fund when incurred. Class counsel hired Garden City to act as the class administrator in this action. Garden City has been tasked with administering the Settlement Agreement, including, but not limited to (i) mailing class notices, (ii) establishing and maintaining a filing process from claims of Class Members, (iii) processing returned and/or undeliverable mail, (iv) responding to class member inquiries and (iv) distributing checks to class members. On October 14, 2009, Garden City submitted an invoice to Class Counsel for services rendered during the period from July 1, 2009 through September 30, 2009. This invoice was for

This is the third Order requested by Class Counsel on this subject. On November 23, 2010, the Court issued the first Order approving a disbursement from the Settlement Fund to Garden City Group in the amount of $11,689.75 for services rendered during the period July 1, 2009 through September 30, 2009. On February 1, 2010, the Court issued a second Order approving a disbursement in the amount of $27,113 for services rendered during the period October 1, 2009 through December 31, 2009. The present invoice is for services rendered from January 1, 2010 through February 15, 2010.
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THIRD MOTION RE GCG INVOICE CASE NO. C 07-0943 WHA

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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW PALO A L T O

services that were rendered in connection with "Notice and Claims Administration." On November 23, 2009, the Court issued an Order approving a disbursement from the Settlement Fund to Garden City Group to cover this invoice. On January 20, 2010, Garden City submitted a second invoice to Class Counsel for services rendered during the period from October 1, 2009 through December 31, 2009. This invoice was for costs incurred and services rendered in connection with the preparation, printing and sending of claim validation forms and with responding to retired player inquiries. On February 1, 2010, the Court issued an Order approving a disbursement from the Settlement Fund to Garden City Group to cover this invoice. On March 9, 2010, Garden City submitted a third invoice in the amount of $24,614.71 for services rendered from January 1, 2010 through February 15, 2010 (the "Invoice"). This Invoice is for costs incurred and services rendered in connection with the distribution of additional claim validation forms and with processing the responses received from the players. It also covers the costs associated with fielding phone calls from retired players and with running a website with additional information. Because the March 9, 2010 Invoice relates to services rendered in connection with the administration of the Settlement Agreement, Class Counsel respectfully request that the Invoice be paid from the Settlement Fund pursuant to paragraph 36 of the Settlement Agreement. Class Counsel have contacted Defendants' counsel, who have indicated that Defendants do not oppose this motion.

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THIRD MOTION RE GCG INVOICE CASE NO. C 07-0943 WHA

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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW PALO A L T O

III.

CONCLUSION For the foregoing reasons, Class Counsel respectfully requests that the Court approve

payment of the Invoice from the Settlement Fund.

Dated: March 11, 2010

Respectfully submitted, MANATT, PHELPS & PHILLIPS, LLP By: _____/s/ Ronald S. Katz Ronald S. Katz (SBN 085713) Ryan S. Hilbert (SBN 210549) Noel S. Cohen (SBN 219645) 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: [phone] Facsimile: [phone] MCKOOL SMITH, P.C. Lewis T. LeClair (SBN 077136) Jill Adler Naylor (SBN 150783) 300 Crescent Court Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs .

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THIRD MOTION RE GCG INVOICE CASE NO. C 07-0943 WHA