Parrish et al v. National Football League Players Incorporated

Filing 698

Response re 697 Order Class Counsels' Response to July 6, 2010 Order byHerbert Anthony Adderley. (Attachments: # 1 Supplemental Declaration of Lewis T. LeClair, # 2 Supplemental Declaration of Jennifer M. Keough)(Katz, Ronald) (Filed on 7/12/2010)

Parrish et al v. National Football League Players Incorporated

Doc. 698 Att. 1

1 2 3 4 5 6 7 8 9 10
A PROFESSIONAL CORPORATION · ATTORNEYS

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 SUPPLEMENTAL DECLARATION OF LEWIS T. LeCLAIR IN SUPPORT OF CLASS COUNSELS' MOTION FOR APPROVAL RE SECOND DISTRIBUTION FROM THE SETTLEMENT FUND

11 12 13
DALLAS, TEXAS

MCKOOL SMITH

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Dallas 304717v2 Dallas 305333v1

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

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10
A PROFESSIONAL CORPORATION · ATTORNEYS

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. I am submitting this declaration in support of Class Counsel's Motion Regarding the Second Distribution from the Settlement Fund and in response to the Court's July 6, 2010 Order styled "Questions to Counsel Regarding Final Distribution of Settlement Funds." 1. In its July 6, 2010 Order, the Court correctly points out that the class list proffered

by Defendants at trial includes the names of 2,074 retired NFL players. (TX 2057). Twelve of the players on the class list timely opted-out of the lawsuit. 2. Class Counsel used the class list (TX 2057) as the template for its payment

11 12 13
DALLAS, TEXAS

MCKOOL SMITH

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

matrix. See Payment Matrix attached as Exhibit F to the Declaration of Lewis T. LeClair in Support of Class Counsel's Motion Regarding the Second Distribution from the Settlement Fund (Dkt. No. 696). When preparing the payment matrix, Class Counsel identified three names on the class list that were listed multiple times: Curt DiGiacomo (TX 2057 at pages 42 and 48); (ii) Patrick D. Heenan (TX 2057 at pages 72 and 74); and (iii) Mike Schnitker (TX 2057 at page 152, lines 4 and 7).1 When one accounts for the twelve players who timely opted-out of the lawsuit and the three duplicate entries, there are a total of 2,059 players that should have been mailed a Claim Form. 3. The Garden City Group, Inc. ("GCG" or the "Class Administer) reported that it

mailed each of the 2,059 Class Members referenced above a Claim Form and Release ("Claim Form") as part of the initial mailing in December 2009. The Claim Form stated that the recipient The second time Mr. Shnitker's name appears on page 152 of TX 2057, it is misspelled ("Schmitker").
SUPP. DECLARATION OF LEWIS T. LeCLAIR ­ Page 2 Civil Action No. C07 0943 WHA Dallas 304717v2 Dallas 305333v1 1

1 2 3 4 5 6 7 8 9 10
A PROFESSIONAL CORPORATION · ATTORNEYS

must return a completed Claim Form to the Claims Administrator on or before February 9, 2010. The Class Administrator reported receiving Claim Forms from 1,571 Class Members in connection with the initial mailing. The Claim Forms of 261 Class Members were returned to the Class Administrator as "undeliverable". 4. In total, 488 Class Members failed to return a completed Claim Form in

connection with the initial mailing. In March 2010, the Class Administrator mailed each of the 488 Class Members who failed to return a Claim Form in connection with the initial mailing a second Claim Form. The Claim Form stated that the recipient must return a completed Claim Form to the Claims Administrator on or before June 1, 2010. 5. Prior to instructing the Class Administrator to proceed with the second mailing,

11 12 13
DALLAS, TEXAS

Class Counsel instructed the Class Administrator to conduct "advanced address searches" in an attempt to identify the addresses of 261 Class Members whose Claim Forms were returned as "undeliverable" in connection with the initial mailing. Such "advanced address searches" are explained in more detail in the Declaration of Jennifer M. Keough, filed concurrently herewith. 6. The Class Administrator reports that it mailed each of the 261 Class Members

MCKOOL SMITH

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

whose initial Claim Forms were returned as "undeliverable" a second claim form in March 2010. According to the Class Administrator, 203 of these Claim Forms were returned as "undeliverable" for a second time. 7. Class Counsel believes that it has acted diligently and fairly in undertaking

reasonable efforts to notify each of the Class Members about this lawsuit. 1,571 of these Class Members timely returned claim forms on or before February 9, 2010. Another 229 Class Members timely returned claim forms on or before the extended June 1, 2010 deadline. Each of these 1,800 players has been waiting patiently for his second payment from the settlement of this
SUPP. DECLARATION OF LEWIS T. LeCLAIR ­ Page 3 Civil Action No. C07 0943 WHA Dallas 304717v2 Dallas 305333v1

1 2 3 4 5 6 7 8 9 10
A PROFESSIONAL CORPORATION · ATTORNEYS

lawsuit. For these reasons and the reasons given in Plaintiffs' July 2, 2010 Motion for Approval Re Second Distribution From The Settlement Fund, Class Counsel respectfully request that that Motion be granted. 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 12, 2010 in Dallas, Texas.

/s/ Lewis T. LeClair Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Ronald S. Katz hereby attests that concurrence in the filing of this document has been obtained.

11 12 13
DALLAS, TEXAS

MCKOOL SMITH

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Dallas 304717v2 Dallas 305333v1 SUPP. DECLARATION OF LEWIS T. LeCLAIR ­ Page 4 Civil Action No. C07 0943 WHA