Parrish et al v. National Football League Players Incorporated

Filing 732

MOTION -- Class Counsels' Further Interim Report Regarding Payments to the GLA Class and Motion Regarding Irregular Claim Forms filed by Herbert Anthony Adderley. (Attachments: # 1 Proposed Order)(Katz, Ronald) (Filed on 10/22/2010)

Parrish et al v. National Football League Players Incorporated

Doc. 732

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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

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CLASS COUNSELS' FURTHER INTERIM REPORT REGARDING PAYMENTS TO THE GLA CLASS AND MOTION REGARDING IRREGULAR CLAIM FORMS

CLASS COUNSEL'S INTERIM REPORT AND MOTION REGARDING IRREGULAR FORMS ­ Page 1 Civil Action No. C07 0943 WHA Dallas 305695v3 300166084.1

Dockets.Justia.com

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A PROFESSIONAL CORPORATION · ATTORNEYS

Counsel for the GLA Class ("Class Counsel") submit the following interim report regarding payments to the GLA class and motion regarding irregular claim forms. I. REPORT OF ADDITIONAL CLAIM FORMS On Tuesday, October 12, 2010, this Court issued an Order (the "Final Order") granting Class Counsels' October 5, 2010 motion for final approval with respect to payments to the GLA Class. See Order Approving Final Round of Payments to the GLA Class, Docket No. 725. Among other things, the Final Order authorized Class Counsel to "send final payments to each of the Class Members who is entitled to a share of the Settlement Fund in the amount to which each Class member is entitled, as detailed in Exhibit 5 to the Katz Declaration." In the course of acting on the Court's authorization, Class Counsel discovered one Class Member who should have been identified on Exhibit 5 to the Katz Declaration as having returned a claim form and thus being entitled to funds, but who was incorrectly and inadvertently not identified as such. See Declaration of Ronald S. Katz ("Katz Declaration") ¶ 2. Upon learning about this Class Member, Class Counsel contacted the Claims Administrator to confirm that there were no other Class Members who were inadvertently identified on Exhibit 5 to the Katz Declaration as not having returned a claim form. According to the claims administrator, three additional Class Members had returned claim forms directly to the Claims Administrator after the September 20, 2010 deadline for those 76 Class Members with updated addresses to return third claim forms. Specifically, one of the claim forms was returned on October 1, 2010, one on October 4, 2010 and one on October 6, 2010. In its Final Order the Court stated that "all GLA class members for whom the claims administrator currently has a valid claim form on file should be allowed to participate in the settlement." In compliance with that Order, Class Counsel will arrange to make payment for the Class Member who was inadvertently excluded and the three additional Class Members who submitted claim forms in October 2010 prior to the date of the Court's Order. Attached as Exhibit 1 to the Katz Declaration is an updated spreadsheet, which shows how much each player
CLASS COUNSEL'S INTERIM REPORT AND MOTION REGARDING IRREGULAR FORMS ­ Page 2 Civil Action No. C07 0943 WHA Dallas 305695v3 300166084.1

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A PROFESSIONAL CORPORATION · ATTORNEYS

who has submitted a third claim form is expected to receive and which includes the four additional class members. II. MOTION REGARDING IRREGULAR CLAIM FORMS In the course of working with the Claims Administrator on final payment issues, Class Counsel learned that three separate players submitted claim forms to the Claims Administrator even though they were not members of the GLA Class. Attached as Exhibit 2 is a copy of these claim forms. These players appear to have redacted the name of the player(s) who correctly received the claim form and then added their own names in the "change of address" section. They were identified because of the lack of a corresponding GLA Bates number. Pursuant to the orders of the Court limiting payment to those with signed GLAs (see, e.g., Order Granting Motion for Final Approval of Settlement and Distribution Plan, Docket No. 670 and Order Granting Motions to Dismiss, Docket No. 133), Class Counsel does not intend to pay these players. Class Counsel hereby moves the court for an Order confirming that payment should not be made. Defendants take no position on the relief requested. III. CONCLUSION Class Counsel respectfully request that the Court enter the order requested above.

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CLASS COUNSEL'S INTERIM REPORT AND MOTION REGARDING IRREGULAR FORMS ­ Page 3 Civil Action No. C07 0943 WHA Dallas 305695v3 300166084.1

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A PROFESSIONAL CORPORATION · ATTORNEYS

Respectfully submitted, Dated: October 22, 2010 MANATT, PHELPS & PHILLIPS, LLP By:_/s/Ronald S. Katz____________________ Ronald S. Katz (SBN 085713) Ryan S. Hilbert (SBN 210549) Noel S. Cohen (SBN 219645) 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: [phone] Facsimile: [phone] MCKOOL SMITH, P.C. Lewis T. LeClair (SBN 077136) Jill Adler Naylor (SBN 150783) 300 Crescent Court Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs
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Dallas 305695v3 300166084.1 CLASS COUNSEL'S INTERIM REPORT AND MOTION REGARDING IRREGULAR FORMS ­ Page 4 Civil Action No. C07 0943 WHA