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]
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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. 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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Defendants.

DECLARATION OF JESLYN A. MILLER
IN SUPPORT OF DEFENDANT NCAA’S
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL MATERIALS
DESIGNATED AS CONFIDENTIAL
Judge: Hon. Claudia Wilken
Judge:
Courtroom:
Trial Date:

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

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MILLER DECL. I/S/O NCAA’S ADMIN. MOT. TO FILE UNDER SEAL
CASE NO. CV-09-3329-CW

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I, Jeslyn A. Miller, declare that the following is true:

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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.
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2.

I submit this declaration pursuant to Local Rules 7-11 and 79-5. This declaration

7 supports the Defendant NCAA’s Administrative Motion to File Under Seal Materials Designated
8 as Confidential filed on June 23, 2014, in conjunction with the NCAA’s Deposition Designations.
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3.

Exhibit V to the NCAA’s Deposition Designations contains excerpts of the

10 Deposition Transcript of William Russell, dated December 7, 2012. The NCAA has prospectively
11 redacted a portion of the deposition transcript at pages 68, 69, 70, 84, 88, 93, 95, 96, and 106. The
12 NCAA has done so because Plaintiffs have designated the material contained within as
13 confidential or Attorney’s Eyes Only under the operative protective orders in this litigation.
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I declare under penalty of perjury under the laws of the United States that the foregoing

16 facts are true and correct.
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Executed on June 23, 2014, in Oakland, California.

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/s/Jeslyn A. Miller
JESLYN A. MILLER

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-1MILLER DECL. I/S/O NCAA’S ADMIN. MOT. TO FILE UNDER SEAL
CASE NO. CV-09-3329-CW