Parrish et al v. National Football League Players Incorporated

Filing 733

Declaration of Ronald S. Katz in Support of 732 MOTION -- Class Counsels' Further Interim Report Regarding Payments to the GLA Class and Motion Regarding Irregular Claim Forms filed byHerbert Anthony Adderley. (Related document(s) 732 ) (Katz, Ronald) (Filed on 10/22/2010)

Parrish et al v. National Football League Players Incorporated

Doc. 733

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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 themselves and all others similarly situated, Plaintiffs 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 RONALD S. KATZ IN SUPPORT OF CLASS COUNSELS' FURTHER INTERIM REPORT REGARDING PAYMENTS TO THE GLA CLASS AND MOTION REGARDING IRREGULAR CLAIM FORMS

DECLARATION OF RONALD S. KATZ ­ Page 1 Civil Action No. C07 0943 WHA 300166077.1

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I, Ronald S. Katz, declare as follows: 1. I am an attorney duly licensed to practice law before the Courts of the State of

California and am a counsel of record in this matter. I am a partner with the law firm of Manatt, Phelps and Phillips, LLP ("Manatt"), co-counsel of record for the GLA Class in this case. I am submitting this Declaration in support of Class Counsels' Further Interim Report Regarding Payments To The GLA Class And Motion Regarding Irregular Claim Forms. The following declaration is based upon my personal knowledge. If called as a witness I could and would competently testify to the facts set forth herein. 2. Following this Court's October 12, 2010 Order that, among other things,

authorized Class Counsel to send final payments to each of the Class Members who is entitled to a share of the Settlement Fund, 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. This Class Member's name is Derrick Graham. 3. Upon discovering the omission of Mr. Graham, Class Counsel contacted the

Claims Administrator to verify that there were no other Class Members who were inadvertently not identified on Exhibit 5 to my October 5, 2010 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. These Class Members are Dedrick Dodge, Pat Brady, and Clarence Williams. The Claims Administrator received a claim form from Mr. Dodge on October 1, 2010, a claim form from Mr. Brady on October 4, 2010 and a claim form from Mr. Williams on October 6, 2010.

DECLARATION OF RONALD S. KATZ ­ Page 2 Civil Action No. C07 0943 WHA 300166077.1

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4.

Attached hereto as Exhibit 1 is an updated spreadsheet, which shows how much

each player who has submitted a third claim form is expected to receive and which includes the four class members. 5. In the course of working with the Claims Administrator on the issues above, Class

Counsel also learned that three separate players submitted claim forms to the Claims Administrator even though they were not members of the GLA Class. Attached hereto as Exhibit 2 is a copy of these claim forms, which appear to be irregular. Based on the Court's definition of the Class, Class Counsel does not intend to pay these former players, but seeks confirmation of that determination from the Court. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. Signed this 22nd day of October, 2010, at Palo Alto, California. /S/ RONALD S. KATZ_____________ Ronald S. Katz

DECLARATION OF RONALD S. KATZ ­ Page 3 Civil Action No. C07 0943 WHA 300166077.1