Parrish et al v. National Football League Players Incorporated

Filing 739

Supplemental MOTION -- Class Counsels' Supplemental Interim report Regarding Payments to the GLA re 732 MOTION -- Class Counsels' Further Interim Report Regarding Payments to the GLA Class and Motion Regarding Irregular Claim Forms, 725 Order on Motion for Miscellaneous Relief,,, filed by Herbert Anthony Adderley. (Attachments: # 1 Declaration of Ronald S. Katz in Support)(Katz, Ronald) (Filed on 11/2/2010)

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Parrish et al v. National Football League Players Incorporated Doc. 739 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 11 12 13 DALLAS, TEXAS MCKOOL SMITH 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLASS COUNSELS' SUPPLEMENTAL INTERIM REPORT REGARDING PAYMENTS TO THE GLA CLASS CLASS COUNSELS' SUPPLEMENTAL INTERIM REPORT RE: PAYMENTS TO THE GLA CLASS Page 1 Civil Action No. C07 0943 WHA Dallas 305695v3 300170610.1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 A PROFESSIONAL CORPORATION ATTORNEYS Counsel for the GLA Class ("Class Counsel") submit the following supplemental interim report regarding payments to the GLA class. I. BACKGROUND FACTS 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." On October 22, 2010, Class Counsel submitted an interim report regarding payments to the GLA class (the "Report") and motion regarding irregular claim forms. One purpose of that Report was to inform the Court of Class Counsel's intent to arrange payment for a single Class Member who was inadvertently excluded from Exhibit 5 to the Katz Declaration and three additional Class Members who had submitted claim forms in October 2010. Attached as Exhibit 1 to the Katz Declaration that accompanied the Report was an updated spreadsheet showing the amounts each player was expected to receive. Since the time of Class Counsel's October 22, 2010 filing, Class Counsel identified one minor issue concerning the accounting function of their excel spreadsheet. Specifically, it appears that the amounts owed two Class Members Kerry L. Cash and Stephen Wisniewski for their second payments was not taken account when determining each player's share. Attached as Exhibit A to the Katz Declaration filed concurrently herewith is a further updated spreadsheet that addresses this minor issue. Class Counsel considered it prudent to submit the final matrix showing the actual payments that will be distributed so that it is of record with the Court before the payments are made. 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." To comply with that Order, Class Counsel will arrange payment for each Class CLASS COUNSELS' SUPPLEMENTAL INTERIM REPORT RE: PAYMENTS TO THE GLA CLASS Page 2 Civil Action No. C07 0943 WHA Dallas 305695v3 300170610.1 11 12 13 DALLAS, TEXAS MCKOOL SMITH 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 A PROFESSIONAL CORPORATION ATTORNEYS Member for whom the claims administrator currently has a valid claim form on file in the amount to which each Class Member is entitled. Moreover, Class Counsel intends for each Class Member's final payment to be mailed out on Thursday, November 4, 2010. Respectfully submitted, Dated: November 2, 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: (650) 812-1300 Facsimile: (650) 213-0260 MCKOOL SMITH, P.C. Lewis T. LeClair (SBN 077136) Jill Adler Naylor (SBN 150783) 300 Crescent Court Dallas, TX 75201 Telephone: (214) 978-4984 Facsimile: (214) 978-4044 Attorneys for Plaintiffs 300134348.1 11 12 13 DALLAS, TEXAS MCKOOL SMITH 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dallas 305695v3 300170610.1 CLASS COUNSELS' SUPPLEMENTAL INTERIM REPORT RE: PAYMENTS TO THE GLA CLASS Page 3 Civil Action No. C07 0943 WHA

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