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)

EXHIBIT A

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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EDWARD O’BANNON, et al.,

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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.

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ALTERNATIVE [PROPOSED] ORDER GRANTING
INJUNCTIVE RELIEF

CASE NO. 4:09-CV-3329-CW

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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:
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Defendant National Collegiate Athletic Association (“NCAA”), its respective

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officers, member schools, conferences, agents, servants, employees, licensees, and all persons in

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active concert or participation with it, or any of them who receives actual notice of this judgment

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by personal service or otherwise, be, and are hereby, permanently restrained and enjoined from

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agreeing to:

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a. Prohibit prospective, current, or former Division I men’s basketball and

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Football Bowl Subdivision (“FBS”) football players from negotiating or

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entering into a group license with any NCAA member school; conference;

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telecaster; digital or radio broadcaster; filmmaker; or video game

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manufacturer providing payment for the licensing or use of their names,

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images, or likenesses (“NILs”);

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b. Prohibit deferred compensation for the licensing or use of prospective,

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current, or former Division I men’s basketball and FBS football players’ NILs

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through a trust fund payable upon expiration of athletic eligibility or

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graduation, whichever comes first;

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c. Prohibit the inclusion of compensation for the licensing or use of prospective,

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current, or former Division I men’s basketball and FBS football players’ NIL

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in the award of an athletic scholarship, up to the full cost of attending the

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respective NCAA member school, as defined in 42 U.S.C. § 1087ll and

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calculated by each school’s financial aid office applying the same standards,

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policies, and procedures for all students;

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d. Prohibit the inclusion of compensation for the licensing or use of prospective,

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current, or former Division I men’s basketball and FBS football players’ NIL

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in the award of an athletic scholarship as well as other bona fide education-

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related expenses;

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ALTERNATIVE [PROPOSED] ORDER GRANTING
INJUNCTIVE RELIEF

CASE NO. 4:09-CV-3329-CW

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e. Prohibit a prospective, current, or former Division I men’s basketball and FBS

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football player from receiving compensation for third-party endorsements that

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utilize his NIL (“the Olympic model”), subject to the approval of the

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respective NCAA member school;

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f. Prohibit member schools and conferences from awarding four-year athletic

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scholarships in (partial) exchange for the licensing or use of a prospective,

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current, or former Division I men’s basketball or FBS football player’s NIL;

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g. Prohibit member schools and conferences from awarding guaranteed athletic

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scholarships, resumable even after the conclusion of any professional athletic

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career or interim period, in (partial) exchange for the licensing or use of a

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prospective, current, or former Division I men’s basketball or FBS football

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player’s NIL;

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h. Prohibit member schools and conferences from awarding medical insurance

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and related medical expenses in (partial) exchange for the licensing or use of a

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prospective, current, or former Division I men’s basketball or FBS football

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player’s NIL;

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i. Prohibit member schools and conferences from providing expenses for receipt

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of awards, complimentary admissions to awards ceremonies, postseason travel

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for friends and family, expenses incidental to practice (e.g., parking), and

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other expenses in conjunction with practice and competition in (partial)

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exchange for the licensing or use of a prospective, current, or former Division

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I men’s basketball or FBS football player’s NIL;

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j. Prohibit member schools and conferences from providing expenses for family

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travel associated with recruiting in (partial) exchange for the licensing or use

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of a prospective, current, or former Division I men’s basketball or FBS

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football player’s NIL; or

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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

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to include compensation for the licensing or use of a prospective, current, or

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former Division I men’s basketball or FBS football player’s NIL.

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The NCAA, its respective officers, member schools, conferences, agents,

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servants, employees, licensees, and all persons in active concert or participation with it, or any of

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them who receives actual notice of this judgment by personal service or otherwise, be, and are

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hereby, permanently restrained and enjoined from licensing or using the NILs of prospective,

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current, or former Division I men’s basketball and FBS football players without their prior

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written consent.

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3.

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Any party may seek modification of this Order, at any time, by written motion

and for good cause based on changed circumstances or otherwise.
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This Court shall retain jurisdiction to enforce this Order. In the event that any part

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of this Order is violated by the parties named herein or other persons, Plaintiffs may, by motion

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with notice to the attorneys for the Defendants, apply for sanctions or other relief that may be

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appropriate.

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IT IS SO ORDERED.

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Dated:____________

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_______________________________________
The Honorable Claudia Wilken
United States Chief District Judge

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ALTERNATIVE [PROPOSED] ORDER GRANTING
INJUNCTIVE RELIEF

CASE NO. 4:09-CV-3329-CW