Parrish et al v. National Football League Players Incorporated

Filing 699

ORDER REGARDING UNDELIVERABLE CLAIM FORMS. Signed by Judge Alsup on July 12, 2010. (whalc1, COURT STAFF) (Filed on 7/12/2010)

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Parrish et al v. National Football League Players Incorporated Doc. 699 1 2 3 4 5 6 7 8 9 10 HERBERT ANTHONY ADDERLEY, on behalf of himself and all others similarly situated, Plaintiffs, v. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, a Virginia corporation, and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC., a Virginia corporation Defendants. / ORDER REGARDING UNDELIVERABLE CLAIM FORMS No. C 07-00943 WHA CLASS ACTION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The undersigned has reviewed the supplemental declarations provided by class counsel and the claims administrator regarding "undeliverable" settlement notices and claim forms. Based upon these declarations, 202 class members -- or roughly ten percent of the class -- did not receive either the first or second round of mailings informing them that they were entitled to participate in this settlement. This is troubling. The undersigned is especially concerned that defendants will argue that the release in the settlement agreement will bar any and all claims by these 202 retired NFL players, despite the fact that they never received notice of the settlement in the mail, never received their claim forms, and will not receive any payments from the settlement fund (especially if their share of the settlement is allocated and disbursed to other class members). Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 The parties shall meet and confer, and address BY NOON ON MONDAY, JULY 19, 2010, how these 202 class members should be treated under the settlement agreement and distribution plan. Please cite authority in your filings. IT IS SO ORDERED. Dated: July 12, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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