Parrish et al v. National Football League Players Incorporated

Filing 682

Declaration of Lewis T. LeClair in Support of 681 Notice (Other) Class Counsels' Notice Regarding Distributions from the Settlement Fund filed byHerbert Anthony Adderley. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 681 ) (Katz, Ronald) (Filed on 3/22/2010)

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RESPONSE DUE DATE Postmarked No Later Than June 1, 2010 Claim No: Retired Player Class Action Administrator c/o The Garden City Group, Inc. P.O. Box 91047 Seattle, WA 98111-9147 Toll-Free: 1 (866) 697-5552 FLP *P-FLP-POC/1* Control No: REQUIRED ADDRESS INFORMATION OR CORRECTIONS If the pre-printed address to the left is incorrect or out of date, OR if there is no pre-printed data to the left, YOU MUST provide your current name and address here: Name: Address: City/State/Zip: FINAL NOTICE CLAIM FORM AND RELEASE Please note that returning this Claim Form quickly can expedite your receipt of the first installment of the Settlement Funds. This is the second and final notice you will receive in connection with this action. While you should have received a Claim Form and Release on or about December 11, 2009, our records indicate that you have not submitted a completed Claim Form. To receive a payment from the Settlement Fund, you must file a Claim Form. You may file a Claim Form by completing and mailing this form to the Claims Administrator via first class mail, postmarked on or before June 1, 2010, to the following address: Retired Player Class Action Administrator c/o The Garden City Group, Inc. P.O. Box 91047 Seattle, WA 98111-9147 Toll-Free: 1 (866) 697-5552 FAILURE TO MAIL YOUR CLAIM FORM POSTMARKED BY JUNE 1, 2010 WILL RESULT IN REJECTION OF YOUR CLAIM AND PRECLUDE YOU FROM SHARING IN THE SETTLEMENT FUND. Do not mail or deliver the Claim Form to the Court or to any of the parties or their counsel. You previously should have received a Notice of Class Action Settlement (the "Notice"). If you have not received a Notice in the mail, you may obtain a copy at www.RetiredPlayerClassAction.com. By submitting a Claim Form, you acknowledge that you have read and understand the Notice. You must complete all items in the Claim Form. We have attempted to make this process as simple as possible by filling out the pertinent information on the form based on the records in the possession of Class Counsel received from the NFLPA. When filing a Claim Form, please type or print all additional information except for the signature. You may attach additional sheets if space on the Claim Form is inadequate. Retain all supporting documentation in your possession. Questions? Visit www.RetiredPlayerClassAction.Com Or Call 1 (866) 697-5552 1 I. Claimant Information: *P-FLP -POC /2* E-mail address (optional):____________________________________________________________________ II. Class Definition and GLA Information: On April 29, 2008, the Court certified the Class in this matter and designated Herbert Adderley as Class Representative. The Class is defined as: All retired NFL players who executed a group licensing authorization form ("GLA") with the NFLPA that was in effect at any time between February 14, 2003 and February 14, 2007 and which contains the following language: "[T]he 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." The records of the NFLPA show that you signed a GLA during certain of the years 2003-2006 and are scheduled to receive an initial payment from the settlement fund as follows: 2003 GLA (payment due for 2004) 2004 GLA (payment due for 2005) 2005 GLA (payment due for 2006) 2006 GLA (payment due for 2007) Total Initial Payment \ We do not know the exact amount of the second payment that you will receive in July 2010 because the costs of administration can be unpredictable and because we do not yet know what percentage of funds, if any, will go unclaimed. However, our current estimate of that payment is the following: 2003 GLA (payment due for 2004) 2004 GLA (payment due for 2005) 2005 GLA (payment due for 2006) 2006 GLA (payment due for 2007) Total Second Payment-July 2010 III. Status of the Settlement and Estimate of Payment to You under the Settlement Subject to the terms of the Settlement Agreement, Defendants are required to pay a total of $26,250,000 (Twenty-Six Million Two Hundred and Fifty Thousand Dollars) (the "Gross Settlement Amount") into an interest-bearing Escrow Account. The Gross Settlement Amount has been or will be paid in two installments. Defendants previously paid into the Escrow Account the sum of Thirteen Million One Hundred Twenty-Five Thousand Dollars ($13,125,000), constituting one half of the Settlement Amount. By June 5, 2010, the Defendants will pay into the Escrow Account another Thirteen Million One Hundred Twenty-Five Thousand Dollars ($13,125,000). These funds, and any interest earned thereon, are referred to in this Notice as the "Settlement Fund." On November 23, 2009, the Court finally approved the settlement of this matter, the Distribution Plan, and the award of attorney fees and expenses to counsel. Based on the Distribution Plan and the award of attorneys' fees in the amount of approximately $4.9 million and expenses of $1.6 million, and assuming that all class members submit claims, you will receive a check as indicated in Section II above in the amount of approximately in the first installment of the settlement payment to be distributed in late December 2009 or January 2010. It is estimated that you will receive a second check in the amount of approximately in June or July 2010 representing the second installment of the settlement payment. Questions? Visit www.RetiredPlayerClassAction.Com Or Call 1 (866) 697-5552 2 IV. Tax Form to be Returned *P-FLP -POC /3* Attached with this Claim Form is a Substitute W-9 form of the Internal Revenue Service that you must sign, fill out with your social security number and return with your Claim Form in order to be paid under the Settlement. V. Verification and Release The Claims Administrator has the right to request additional information and documentation to verify your claim, including the right to examine original documents. By signing and submitting this Claim Form, each person affirms under penalty of perjury that he/she: (a) is a member of the Class as defined in the Notice, or is acting for such a person under a power of attorney or as an executor, administrator, or heir; (b) has not filed a request to be excluded from the Class; (c) desires to participate in the proposed Settlement; and (d) warrants that the individual listed on the Claim Form is the only person entitled to receive the settlement amount. Each person who signs this Claim Form agrees and understands that all of his/her claims against the NFLPA, NFL Players, Inc., and all other Releases under the GLA, as described in the Settlement Agreement, shall be RELEASED by the Court's approval of the Settlement and the Final Judgment in this action. UNDER THE PENALTIES OF PERJURY, I AFFIRM THAT ALL OF THE INFORMATION PROVIDED ON THIS CLAIM FORM, OR IN ANY DOCUMENTATION THAT I AM SUBMITTING WITH THIS CLAIM FORM, IS TRUE TO THE BEST OF MY KNOWLEDGE. ________________________________________________ Signature of Claimant, representative or heir (circle one) Date: _____/_______/_________ ________________________________________________ Print Name Reminder: You must complete and return this Claim Form by first-class mail postmarked by June 1, 2010 to recover from the Settlement Fund. FAILURE TO MAIL YOUR CLAIM FORM POSTMARKED BY JUNE 1, 2010 WILL RESULT IN REJECTION OF YOUR CLAIM AND PRECLUDE YOU FROM SHARING IN THE SETTLEMENT FUND. Questions? Visit www.RetiredPlayerClassAction.Com Or Call 1 (866) 697-5552 3 SUBSTITUTE IRS FORM W-9 Substitute IRS Form W-9 *P-FLP -POC /4* Enter the Social Security Number (SSN) you use to work or your Individual Taxpayer Identification Number (ITIN): ___ ___ ___ - ___ ___ - ___ ___ ___ ___ Print name as shown on your income tax return if different from your name on the first page of this form: ______________________________________ Under penalties of perjury, I certify that: 1. 2. The taxpayer identification number shown on this form is the taxpayer identification number I use, and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. Note: If you have been notified by the IRS that you are subject to backup withholding, you must cross out item 2 above. The IRS does not require your consent to any provision of this document other than this Form W-9 certification to avoid backup withholding. CLAIMANT SIGNATURE _______________________________________ (Sign your name here) __________/__________/__________________ Date _______________________________________ Former Names (if any) Questions? Visit www.RetiredPlayerClassAction.Com Or Call 1 (866) 697-5552 4

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