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

Filing 200

Administrative Motion to File Under Seal Confidential Trial Exhibits filed by National Collegiate Athletic Association. (Attachments: #1 Exhibit 400, #2 Exhibit 400, #3 Exhibit 2218, #4 Exhibit 2218, #5 Declaration of Scott Bearby ISO, #6 Declaration of Nathan Rehn ISO, #7 Exhibit A to Rehn Decl., #8 Exhibit B to Rehn Decl., #9 Declaration of Daniel Weinberg ISO, #10 Declaration of Tina Shah ISO, #11 Proposed Order)(Pomerantz, Glenn) (Filed on 6/10/2014) Modified on 6/10/2014 (cpS, COURT STAFF).

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1 GLENN D. POMERANTZ (State Bar No. 112503) glenn.pomerantz@mto.com 2 KELLY M. KLAUS (State Bar No. 161091) kelly.klaus@mto.com 3 CAROLYN HOECKER LUEDTKE (State Bar No. 207976) carolyn.luedtke@mto.com 4 ROHIT K. SINGLA (State Bar No. 213057) rohit.singla@mto.com 5 MUNGER, TOLLES & OLSON LLP 560 Mission Street 6 Twenty-Seventh Floor San Francisco, California 94105-2907 7 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 8 GREGORY L. CURTNER (Pro Hac Vice) 9 gcurtner@schiffhardin.com ROBERT J. WIERENGA (State Bar No. 183687) 10 rwierenga@schiffhardin.com KIMBERLY K. KEFALAS (Pro Hac Vice) 11 kkefalas@schiffhardin.com SCHIFF HARDIN LLP 12 350 Main St., Suite 210 Ann Arbor, MI 48104 13 Telephone: (734) 222-1500 Facsimile: (734) 222-1501 14 Attorneys for Defendant 15 National Collegiate Athletic Association 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION 18 19 EDWARD O’BANNON, et al., Case No. 09-CV-3329-CW 20 21 Plaintiffs, 22 v. 23 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION; COLLEGIATE 24 LICENSING COMPANY; and ELECTRONIC ARTS INC., 25 Defendants. 26 DECLARATION OF NATHAN REHN IN SUPPORT OF DEFENDANT NCAA’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL MATERIALS DESIGNATED AS CONFIDENTIAL Judge: Hon. Claudia Wilken Judge: Courtroom: Hon. Claudia Wilken 2, 4th Floor 27 28 09-CV-3329-CW REHN DECLARATION I/S/O NCAA’S ADMIN. MOT. TO FILE UNDER SEAL I, Nathan Rehn, declare that the following is true: 1 2 1. I am an attorney admitted to practice before this Court and an attorney at the firm 3 of Munger Tolles & Olson LLP, counsel of record for Defendant National Collegiate Athletic 4 Association (“NCAA”) in this action. I make this declaration of my own personal knowledge, 5 and, if called to do so, could testify competently to the facts stated herein under oath. 6 2. I submit this declaration pursuant to Local Rules 7-1 1 and 79-5. This declaration 7 supports the Defendant NCAA Administrative Motion to Seal Confidential Trial Exhibits 8 (“NCAA Administrative Motion to Seal”) filed on June 9, 2014. 9 3. Attached to this declaration as Exhibit A is a letter brief received by the NCAA 10 from Turner Broadcasting System, Inc. (“TBS”). TBS is a party to the Multi-Media Agreement, 11 Exhibit 400 on Plaintiffs’ Trial Exhibit List, and its subsidiary Turner Sports Interactive is a 12 party to the Digital Rights Agreement, Exhibit 2218 on Plaintiffs’ Trial Exhibit List. Counsel 13 for TBS requested that the NCAA submit this brief to the Court. 14 4. Attached to this declaration as Exhibit B is a letter brief received by the NCAA 15 from CBS Broadcasting, Inc. (“CBS”). CBS is a party to the Multi-Media Agreement, Exhibit 16 400 on Plaintiffs’ Trial Exhibit List. Counsel for CBS requested that the NCAA submit this 17 brief to the Court. 18 I declare under penalty of perjury under the laws of the United States that the foregoing 19 facts are true and correct. 20 21 22 Executed on June 9, 2014, in Oakland, California. 23 —1/2 24 12 NATHAN REHN i 25 26 27 28 09-CV-3329-CW -1REIEIN DECLARATION I/SIO NCAA’S ADMIN. MOT. TO FILE UNDER SEAL

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