Parrish et al v. National Football League Players Incorporated

Filing 693

Declaration of Lewis T. LeClair in Support of 692 MOTION for Approval Re Second Distribution from the Settlement Fund filed byHerbert Anthony Adderley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Cover Page for Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Related document(s) 692 ) (Katz, Ronald) (Filed on 7/2/2010)

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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: lleclair@mckoolsmith 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 HERBERT ANTHONY ADDERLEY, on behalf of himself and all others similarly situated, Plaintiff 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 DECLARATION OF LEWIS T. LeCLAIR IN SUPPORT OF CLASS COUNSELS' MOTION FOR APPROVAL RE SECOND DISTRIBUTION FROM THE SETTLEMENT FUND

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DECLARATION OF LEWIS T. LeCLAIR ­ Page 1 Civil Action No. C07 0943 WHA

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LEWIS T. LeCLAIR declares: I am an attorney and a member of the bar of the State of California. I am a shareholder at the law firm of McKool Smith, P.C. in Dallas, and served as lead counsel for my firm and cocounsel for plaintiff Herb Adderley and the certified class in this action 1. On December 11, 2009, Class Counsel caused to be delivered, through our

professional mailing service, The Garden City Group, Inc. ("GCG" or the "Class Administrator), via U.S. mail to each Class Member for whom we had a known address, a Claim Form and Release in the form attached hereto as Exhibit A. The Claim Form stated that the recipient must return a completed Claim Form to the Claims Administrator on or before February 9, 2010. 2. In March 2010, Class Counsel instructed GCG to deliver a second Claim Form

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and Release in the form attached hereto as Exhibit B to each Class Member who had yet to submit a completed Claim Form and for whom we had a known address. The Claim Form stated that the recipient must return a completed Claim Form to the Claims Administrator on or before June 1, 2010. Id. 3. The Class Administrator reported that it received 1,792 Claim Forms that were

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postmarked on or before the June 1, 2010 deadline and has provided Class Counsel with a list of the names of each such individual, a true and correct copy of which is attached hereto as Exhibit C. 4. According to the Class Administrator, the remaining Class Members have either

(i) failed to submit a Claim Form, (ii) submitted a Claim Form after the June 1, 2010 deadline or (iii) submitted a deficient claim form. The Class Administrator has provided Class Counsel with a list of those players that failed to submit a claim form and who submitted deficient claims forms. True and correct copies of each list are attached hereto as Exhibits D and Exhibit E.

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5. Status Class Members That Submitted a Timely Claim Form Class Members That Submitted a Late Claim Form Class Members that Submitted a Deficient Claim Form Class Members That Did Not Submit a Claim Form Total 6. Number 1792 1 7 259 2059

In June 2010, Defendants funded the second installment of the Gross Settlement

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Amount and Class Counsel is preparing to distribute these funds to the Class Members. Pursuant to the Plan of Distribution, any unclaimed funds from the first installment of the Gross Settlement Amount will be pooled with the second installment of the Gross Settlement Amount and distributed to the Class Members that have submitted a completed a Claim Form.1 7. Class Counsel has created a payment matrix attached hereto as Exhibit F in order

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to calculate the amount due to each Class Member in connection with the second installment. Because the payment matrix contains personal information of class members, it is being filed under seal. 8. The payment matrix contemplates that $111,415.43 will be reserved from the pool

of money that will be distributed to the Class Members in order to pay (i) the seven Class Members who submitted deficient claim forms and have yet to be paid their respective share of the initial distribution of the Gross Settlement Amount and (ii) administrative expenses. Class Counsel has reserved $38,098.44 in order to pay the seven Class Members who have submitted

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Class counsel intends to include those players who submitted deficient forms in the second distribution.
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deficient claim forms once those deficiencies are corrected. Class Counsel has reserved an additional $73,303.99 to pay for the administration of the Settlement Fund. Of this amount, $65,597.35 will be paid directly to the Class Administrator in connection with its June 24, 2010 invoice attached hereto as Exhibit G. Another $7,139.64 will be used to reimburse McKool Smith, as McKool Smith inadvertently paid one-half of the Class Administrator's April 21, 2010 invoice which should have been paid from the Settlement Fund. A true and correct copy of McKool Smith's June 7, 2010 check to the Class Administrator in the amount of $7,139.64 is attached hereto as Exhibit H. Lastly, $580 will be used to compensate Class Counsel's damages expert, LECG, for its work in confirming the accuracy of the payment matrix referenced in Paragraph 7 above. A true and correct copy of the invoice from LECG is attached hereto as Exhibit I. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed July 1, 2010 in Dallas, Texas.

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300119824.1

/s/ Lewis T. LeClair

DECLARATION OF LEWIS T. LeCLAIR ­ Page 4 Civil Action No. C07 0943 WHA Dallas 304717v2