Parrish et al v. National Football League Players Incorporated

Filing 727

Declaration of Lewis T. LeClair in Support of 726 MOTION for Approval of Reimbursement to McKool Smith, P.C. filed byHerbert Anthony Adderley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 726 ) (Katz, Ronald) (Filed on 10/12/2010)

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Parrish et al v. National Football League Players Incorporated Doc. 727 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: rkatz@manatt.com RYAN S. HILBERT (California Bar No. 210549) E-mail: rhilbert@manatt.com NOEL S. COHEN (California Bar No. 219645) E-mail: ncohen@manatt.com 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: (650) 812-1300 Facsimile: (650) 213-0260 McKOOL SMITH, P.C. LEWIS T. LECLAIR (Bar No. CA 077136) E-mail: lleclair@mckoolsmith 300 Crescent Court, Suite 1500 Dallas, TX 75201 Telephone: (214) 978-4000 Facsimile: (214) 978-4044 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 REIMBURSEMENT TO McKOOL SMITH 11 12 13 DALLAS, TEXAS MCKOOL SMITH 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dallas 310840v1 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 make this declaration in support of the motion of Class Counsel for reimbursement to McKool Smith for the inadvertent payment by McKool Smith of a bill from Garden City Group that should have been paid from the settlement fund. 1. Attached hereto as Exhibit A is a true and correct copy of the Garden City Group's April 21, 2010 invoice in the amount of $14,279.27. 2. Attached hereto as Exhibit B is a true and correct copy of the June 5, 2009 11 12 13 DALLAS, TEXAS Settlement Agreement between class representative Herbert Anthony Adderley and defendants National Football League Players Association and National Football League Players Incorporated. 3. When the invoice arrived from Garden City Group, I inadvertently marked it for MCKOOL SMITH 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 one half payment by McKool Smith in accordance with the practice that existed prior to the approval of the final settlement. Attached hereto as Exhibit C is a true and correct copy of McKool Smith's June 7, 2010 check to The Garden City Group in the amount of $7,139.64. In fact, the amount should have been tendered for payment in full from the settlement funds. 4. Paragraph 36 of the Settlement Agreement provides that such costs, including 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 DECLARATION OF LEWIS T. LeCLAIR Page 2 Civil Action No. C07 0943 WHA Dallas 310840v1 1 2 3 4 5 6 7 8 9 10 A PROFESSIONAL CORPORATION ATTORNEYS administering the settlement . . . shall be paid from the Settlement Fund when incurred." 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 October 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 310840v1 DECLARATION OF LEWIS T. LeCLAIR Page 3 Civil Action No. C07 0943 WHA

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