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

Filing 257

STIPULATION WITH PROPOSED ORDER Regarding the Admission of Exhibits filed by Edward C. O'Bannon, Jr., National Collegiate Athletic Association. (Attachments: #1 Exhibit A - Declaration of Carolyn Luedtke, #2 Exhibit B - Declaration of James A. Mitchell)(Bojedla, Swathi) (Filed on 6/29/2014) Modified on 6/30/2014 (cpS, COURT STAFF).

Exhibit A

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]
SCHIFF HARDIN LLP
11 350 Main St., Suite 210
Ann Arbor, MI 48104
[phone]
12 Telephone:
Facsimile:
[phone]
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Attorneys for Defendant
14 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.

22 NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION; COLLEGIATE
23 LICENSING COMPANY; and
ELECTRONIC ARTS INC.,
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Defendants.
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DECLARATION OF CAROLYN
HOECKER LUEDTKE IN SUPPORT OF
STIPULATION REGARDING
ADMISSION OF EXHIBITS
Judge: Hon. Claudia Wilken
Courtroom: 2, 4th Floor

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09-CV-3329-CW
LUEDTKE DECLARATION I/S/O STIPULATION REGARDING ADMISSION OF EXHIBITS

1 I, CAROLYN HOECKER LUEDTKE, declare as follows:
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1.

I am an attorney admitted to practice before this Court and a member of the law

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firm of Munger Tolles & Olson LLP, counsel of record for Defendant National Collegiate

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Athletic Association (“NCAA”) in this action. I make this declaration of my own personal

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knowledge, and, if called to do so, could testify competently to the facts stated herein under

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oath.

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2.

Exhibit 1028 contains true and correct copies of seven photographs taken of the

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images appearing on a television screen while playing EA Sports NCAA Football14 videogame

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for the XBox 360 platform.
3.

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I took these photographs in October 2013 in advance of taking the deposition of

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Chase Garnham in the above-captioned litigation. I worked with Zachary Zaharoff, a litigation

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analyst on our litigation team, to play the EA Sports NCAA Football videogame on a large

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television screen, to bring up the default avatar for various players, and then to edit that avatar.

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Throughout this process, I took pictures of the screen with my i-phone and emailed those

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pictures to Mr. Zaharoff, who under my direction printed the images and I used true and correct

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copies of those images at the deposition of Mr. Garnham and then during his cross examination

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at trial. The images were marked at the deposition and at trial as Exhibit 1028.
4.

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The roster, statistical and biographical information, as well as the avatar images,

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on pages 1028-1 and 1028-8, were not modified by me or anyone else playing the game with me

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prior to my taking the photographs that appear on those pages.

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5.

I did modify the image of the avatar on page 1028-6 prior to taking the screenshot

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that appears on that page. Specifically, I worked with Mr. Zaharoff to use the “edit player”

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feature of the EA videogame to change features of the avatar such as the weight and skin tone of

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Vanderbilt MLB #36 from the avatar whose image appears (unedited) on page 1028-1.

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09-CV-3329-CW
-1LUEDTKE DECLARATION I/S/O STIPULATION REGARDING ADMISSION OF EXHIBITS

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I declare under penalty of perjury under the laws of the United States that the foregoing is

2 true and correct and that this declaration was executed this 26th day of June 2014, at Oakland,
3 California.
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/s/ Carolyn Hoecker Luedtke
CAROLYN HOECKER LUEDTKE

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09-CV-3329-CW
-2LUEDTKE DECLARATION I/S/O STIPULATION REGARDING ADMISSION OF EXHIBITS