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

Filing 252

Proposed Order - Plaintiffs' Alternative Proposed Form of Injunction by Edward C. O'Bannon, Jr.. (Attachments: # 1 Exhibit A - Alternative [Proposed] Order Granting Injunctive Relief)(Gosselin, Sathya) (Filed on 6/27/2014)

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EXHIBIT A 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 EDWARD O’BANNON, et al., 13 14 15 16 17 18 Case No. 4:09-cv-3329-CW Plaintiffs, ALTERNATIVE [PROPOSED] ORDER GRANTING INJUNCTIVE RELIEF v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION; COLLEGIATE LICENSING COMPANY; and ELECTRONIC ARTS INC., Defendants. 19 20 21 22 23 24 25 26 27 28 ALTERNATIVE [PROPOSED] ORDER GRANTING INJUNCTIVE RELIEF CASE NO. 4:09-CV-3329-CW 1 2 3 The Court, having duly considered the evidence presented at the bench trial in this matter and consistent with its findings of fact and conclusions of law, hereby orders as follows: 1. Defendant National Collegiate Athletic Association (“NCAA”), its respective 4 officers, member schools, conferences, agents, servants, employees, licensees, and all persons in 5 active concert or participation with it, or any of them who receives actual notice of this judgment 6 by personal service or otherwise, be, and are hereby, permanently restrained and enjoined from 7 agreeing to: 8 a. Prohibit prospective, current, or former Division I men’s basketball and 9 Football Bowl Subdivision (“FBS”) football players from negotiating or 10 entering into a group license with any NCAA member school; conference; 11 telecaster; digital or radio broadcaster; filmmaker; or video game 12 manufacturer providing payment for the licensing or use of their names, 13 images, or likenesses (“NILs”); 14 b. Prohibit deferred compensation for the licensing or use of prospective, 15 current, or former Division I men’s basketball and FBS football players’ NILs 16 through a trust fund payable upon expiration of athletic eligibility or 17 graduation, whichever comes first; 18 c. Prohibit the inclusion of compensation for the licensing or use of prospective, 19 current, or former Division I men’s basketball and FBS football players’ NIL 20 in the award of an athletic scholarship, up to the full cost of attending the 21 respective NCAA member school, as defined in 42 U.S.C. § 1087ll and 22 calculated by each school’s financial aid office applying the same standards, 23 policies, and procedures for all students; 24 d. Prohibit the inclusion of compensation for the licensing or use of prospective, 25 current, or former Division I men’s basketball and FBS football players’ NIL 26 in the award of an athletic scholarship as well as other bona fide education- 27 related expenses; 28 ALTERNATIVE [PROPOSED] ORDER GRANTING INJUNCTIVE RELIEF CASE NO. 4:09-CV-3329-CW 1 e. Prohibit a prospective, current, or former Division I men’s basketball and FBS 2 football player from receiving compensation for third-party endorsements that 3 utilize his NIL (“the Olympic model”), subject to the approval of the 4 respective NCAA member school; 5 f. Prohibit member schools and conferences from awarding four-year athletic 6 scholarships in (partial) exchange for the licensing or use of a prospective, 7 current, or former Division I men’s basketball or FBS football player’s NIL; 8 g. Prohibit member schools and conferences from awarding guaranteed athletic 9 scholarships, resumable even after the conclusion of any professional athletic 10 career or interim period, in (partial) exchange for the licensing or use of a 11 prospective, current, or former Division I men’s basketball or FBS football 12 player’s NIL; 13 h. Prohibit member schools and conferences from awarding medical insurance 14 and related medical expenses in (partial) exchange for the licensing or use of a 15 prospective, current, or former Division I men’s basketball or FBS football 16 player’s NIL; 17 i. Prohibit member schools and conferences from providing expenses for receipt 18 of awards, complimentary admissions to awards ceremonies, postseason travel 19 for friends and family, expenses incidental to practice (e.g., parking), and 20 other expenses in conjunction with practice and competition in (partial) 21 exchange for the licensing or use of a prospective, current, or former Division 22 I men’s basketball or FBS football player’s NIL; 23 j. Prohibit member schools and conferences from providing expenses for family 24 travel associated with recruiting in (partial) exchange for the licensing or use 25 of a prospective, current, or former Division I men’s basketball or FBS 26 football player’s NIL; or 27 28 k. Define pay for purposes of the NCAA Division I Manual (including as it currently appears in the 2013-2014 NCAA Division I Manual, Bylaw 12.02.7) ALTERNATIVE [PROPOSED] ORDER GRANTING INJUNCTIVE RELIEF CASE NO. 4:09-CV-3329-CW 1 to include compensation for the licensing or use of a prospective, current, or 2 former Division I men’s basketball or FBS football player’s NIL. 3 2. The NCAA, its respective officers, member schools, conferences, agents, 4 servants, employees, licensees, and all persons in active concert or participation with it, or any of 5 them who receives actual notice of this judgment by personal service or otherwise, be, and are 6 hereby, permanently restrained and enjoined from licensing or using the NILs of prospective, 7 current, or former Division I men’s basketball and FBS football players without their prior 8 written consent. 9 3. 10 11 Any party may seek modification of this Order, at any time, by written motion and for good cause based on changed circumstances or otherwise. 4. This Court shall retain jurisdiction to enforce this Order. In the event that any part 12 of this Order is violated by the parties named herein or other persons, Plaintiffs may, by motion 13 with notice to the attorneys for the Defendants, apply for sanctions or other relief that may be 14 appropriate. 15 IT IS SO ORDERED. 16 17 Dated:____________ 18 _______________________________________ The Honorable Claudia Wilken United States Chief District Judge 19 20 21 22 23 24 25 26 27 28 ALTERNATIVE [PROPOSED] ORDER GRANTING INJUNCTIVE RELIEF CASE NO. 4:09-CV-3329-CW

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