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

Filing 237

Administrative Motion to File Under Seal Defendant NCAA's Deposition Designations filed by National Collegiate Athletic Association. (Attachments: #1 Declaration of Jeslyn A. Miller, #2 Proposed Order, #3 NCAA's Deposition Designations, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #25 Exhibit V - REDACTED, #26 Exhibit V - SEALED, #27 Exhibit W, #28 Exhibit X, #29 Exhibit Y, #30 Exhibit Z, #31 Exhibit AA, #32 Exhibit BB)(Miller, Jeslyn) (Filed on 6/23/2014) Modified on 6/24/2014 (kcS, COURT STAFF).

1 GLENN D. POMERANTZ (State Bar No. 112503)
[e-mail]
2 KELLY M. KLAUS (State Bar No. 161091)
[e-mail]
3 CAROLYN HOECKER LUEDTKE (State Bar No. 207976)
[e-mail]
4 ROHIT K. SINGLA (State Bar No. 213057)
[e-mail]
5 MUNGER, TOLLES & OLSON LLP
560 Mission Street
6 Twenty-Seventh Floor
San Francisco, California 94105-2907
7 Telephone:
[phone]
Facsimile:
[phone]
8
GREGORY L. CURTNER (Pro Hac Vice)
9 [e-mail]
ROBERT J. WIERENGA (State Bar No. 183687)
10 [e-mail]
KIMBERLY K. KEFALAS (Pro Hac Vice)
11 [e-mail]
SCHIFF HARDIN LLP
12 350 Main St., Suite 210
Ann Arbor, MI 48104
13 Telephone:
[phone]
Facsimile:
[phone]
14
Attorneys for Defendant
15 National Collegiate Athletic Association
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
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EDWARD O’BANNON, et al.,

Case No. 4:09-CV-3329-CW

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Plaintiffs,
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v.
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NATIONAL COLLEGIATE ATHLETIC
23 ASSOCIATION; COLLEGIATE
LICENSING COMPANY; and
24 ELECTRONIC ARTS INC.,
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DEFENDANT NCAA’S
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL DEPOSITION
TESTIMONY DESIGNATED AS
CONFIDENTIAL
Judge:
Courtroom:
Trial:

Hon. Claudia Wilken
2, 4th Floor
June 9, 2014

Defendants.

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NCAA'S ADMIN. MOT. TO FILE UNDER SEAL
CASE NO. 09-CV-3329-CW

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Pursuant to Civil Local Rules 7-11 and 79-5, the National Collegiate Athletic Association

2 (“NCAA”) respectfully submits this Administrative Motion to File Under Seal Deposition
3 Testimony Designated as Confidential. In particular, the NCAA moves to seal excerpts of the
4 deposition testimony of Plaintiff William (“Bill”) Russell, submitted as Exhibit V of Defendant
5 NCAA’s Deposition Designations. In determining whether compelling reasons exist to seal, the
6 Court shall consider “all relevant factors,” including the “‘public interest in understanding the
7 judicial process and whether disclosure of the material could result in improper use of the material
8 for scandalous or libelous purposes or infringement upon trade secrets.’” Hagestad v. Tragesser,
9 49 F.3d 1430, 1434 (9th Cir. 1995) (quoting EEOC v. Erection Co., 900 F.2d 168, 170 (9th Cir.
10 1990)).
11

Plaintiffs contend that the redacted portions of Mr. Russell’s deposition transcript contain

12 confidential financial terms that would undermine Mr. Russell’s ability to negotiate future licenses
13 for the use of his name, image, and likeness. The Court has previously held that the specific dollar
14 amounts mentioned on pages 66 and 68-71 of Mr. Russell’s deposition transcript should remain
15 under seal. See Dkt. No. 989 at 14:23-25. The NCAA has also redacted similar dollar amounts
16 mentioned on pages 84, 88, 93, 95, 96, and 106 of the deposition transcript in an abundance of
17 caution.
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19 DATED: June 23, 2014

Respectfully submitted,

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MUNGER, TOLLES & OLSON LLP

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By:

/s/ Jeslyn A. Miller
JESLYN A. MILLER

Attorneys for Defendant
National Collegiate Athletic Association

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-1NCAA'S ADMIN. MOT. TO FILE UNDER SEAL
CASE NO. 09-CV-3329-CW