O'Bannon, Jr. v. National Collegiate Athletic Association et al

Filing 167

MOTION for Preliminary Approval of Class Action Settlement; Memorandum of Points and Authorities In Support Of filed by Edward C. O'Bannon, Jr.. Motion Hearing set for 7/3/2014 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 6/13/2014. Replies due by 6/20/2014. (Attachments: #1 Memorandum In Support, #2 Exhibit 1, #3 Declaration of Michael D. Hausfeld, #4 Declaration of Steve W. Berman, #5 Declaration of Leonard W. Aragon)(Scherrer, Hilary) (Filed on 5/30/2014) Modified on 6/2/2014 (cpS, COURT STAFF).

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1 2 3 4 5 Robert B. Carey (Pro Hac Vice) Leonard W. Aragon (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 11 West Jefferson, Suite 1000 Phoenix, Arizona 85003 Telephone: (602) 840-5900 Facsimile: (602) 840-3012 rob@hbsslaw.com leonard@hbsslaw.com 10 Stuart M. Paynter (226147) Celeste H.G. Boyd (Pro Hac Vice) THE PAYNTER LAW FIRM PLLC 1200 G Street N.W., Suite 800 Washington, DC 20005 Telephone: (202) 626-4486 Facsimile: (866) 734-0622 stuart@smplegal.com cboyd@smplegal.com 11 Attorneys for Plaintiffs 6 7 8 9 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 OAKLAND DIVISION 16 SAMUEL MICHAEL KELLER, on behalf of himself and all others similarly situated,, Case No. 4:09-cv-1967 CW 17 Plaintiff, 18 DECLARATION OF LEONARD W. ARAGON v. 19 20 ELECTRONIC ARTS, INC.; NATIONAL COLLEGIATE ATHLETICS ASSOCIATION; COLLEGIATE LICENSING COMPANY, Complaint Filed: May 5, 2009 21 Defendants. 22 23 24 25 26 27 28 Judge: Hon. Claudia Wilken Courtroom: 2, 4th Floor 1 I, Leonard W. Aragon, declare as follows: 2 1. I am a partner at Hagens Berman Sobol Shapiro LLP. The Court has appointed my 3 law firm as Co-Lead Counsel with principal responsibility for the Right of Publicity claims. I 4 submit this Declaration in Support of Plaintiffs’ Motion for Preliminary Approval of Class Action 5 Settlement. Unless otherwise stated, I have personal knowledge of the information set forth in this 6 Declaration. 7 2. 1 During the litigation, I supervised the collection of Division I football and men’s 8 basketball rosters for the Keller and Hart/Alston right of publicity class periods. Using this 9 information, my team created a database containing roster information for each student-athlete on a 10 team that had a corresponding team in an EA NCAA-Branded videogame. The database is referred 11 to as the Real Roster Database. 12 3. I simultaneously supervised the creation of a second database with roster 2 13 information pulled from the virtual rosters in EA’s NCAA Branded Videogames. The second 14 database is referred to as the Virtual Roster Database. The Virtual Roster Database includes the 15 same data fields as the Real Roster Database. The Virtual Roster Database is currently incomplete. 16 EA, however, has agreed to produce electronic spreadsheets from its NCAA Branded Videogames 17 that will allow ROP Plaintiffs to complete the virtual database. Plaintiffs currently have virtual 18 data for several games and will complete the Virtual Roster Database once they receive 19 confirmatory discovery. 20 21 4. The Real Roster Database and the partially complete Virtual Roster Database were merged into a Microsoft Access 2013 database. From the Access database, I am able to run queries 22 23 24 25 26 27 28 1 Division I refers to NCAA Division I (formerly known as “University Division”) college or university men’s basketball teams, NCAA Football Bowl Subdivision (formerly known as Division I-A) men’s football teams, and NCAA Football Championship Subdivision (formerly known as Division I-AA). 2 NCAA Football 2004, NCAA Football 2005, NCAA Football 2006, NCAA Football 2007, NCAA Football 08, NCAA Football 09, NCAA Football 10, NCAA Football 11, NCAA Football 12, NCAA Football 13, NCAA Football 14, NCAA March Madness 2004, NCAA March Madness 2005, NCAA March Madness 06, NCAA March Madness 07, NCAA March Madness 08, NCAA Basketball 09, and NCAA Basketball 10 (collectively, “EA NCAA Branded Videogames”). 1 DECLARATION OF LEONARD W. ARAGON Case. No. 09-CV-1967 CW 1 based on virtual and real-world roster information that allows me to match student-athletes from 2 the Real Roster Database to their virtual counterpart in the Virtual Roster Database. 3 4 5 5. The queries produce spreadsheets of student-athletes and their virtual counterparts based on matching uniform number, school, division, sport, position and home state. 6. Based on the merged database, there are approximately 77,550 appearances by class 6 members in NCAA Branded football videogames and 18,400 appearances by class members in 7 NCAA Branded men’s basketball games. These numbers are only estimates based on the 8 information gathered to date, and are likely to deviate based on information provided by EA. Once 9 EA produces confirmatory discovery, ROP Plaintiffs will update the databases and will provide a 10 11 12 supplemental report to the Court. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 29th day of May, 2014 in Phoenix, Arizona. 13 /s/ Leonard W. Aragon LEONARD W. ARAGON 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF LEONARD W. ARAGON Case. No. 09-CV-1967 CW

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