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).

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Exhibit A 1 GLENN D. POMERANTZ (State Bar No. 112503) glenn.pomerantz@mto.com 2 KELLY M. KLAUS (State Bar No. 161091) kelly.klaus@mto.com 3 CAROLYN HOECKER LUEDTKE (State Bar No. 207976) carolyn.luedtke@mto.com 4 ROHIT K. SINGLA (State Bar No. 213057) rohit.singla@mto.com 5 MUNGER, TOLLES & OLSON LLP 560 Mission Street 6 Twenty-Seventh Floor San Francisco, California 94105-2907 7 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 8 GREGORY L. CURTNER (Pro Hac Vice) 9 gcurtner@schiffhardin.com ROBERT J. WIERENGA (State Bar No. 183687) 10 rwierenga@schiffhardin.com SCHIFF HARDIN LLP 11 350 Main St., Suite 210 Ann Arbor, MI 48104 (734) 222-1500 12 Telephone: Facsimile: (734) 222-1501 13 Attorneys for Defendant 14 National Collegiate Athletic Association 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION 17 18 EDWARD O’BANNON, et al., Case No. 09-CV-3329-CW 19 20 Plaintiffs, 21 v. 22 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION; COLLEGIATE 23 LICENSING COMPANY; and ELECTRONIC ARTS INC., 24 Defendants. 25 DECLARATION OF CAROLYN HOECKER LUEDTKE IN SUPPORT OF STIPULATION REGARDING ADMISSION OF EXHIBITS Judge: Hon. Claudia Wilken Courtroom: 2, 4th Floor 26 27 28 09-CV-3329-CW LUEDTKE DECLARATION I/S/O STIPULATION REGARDING ADMISSION OF EXHIBITS 1 I, CAROLYN HOECKER LUEDTKE, declare as follows: 2 1. I am an attorney admitted to practice before this Court and a member of the law 3 firm of Munger Tolles & Olson LLP, counsel of record for Defendant National Collegiate 4 Athletic Association (“NCAA”) in this action. I make this declaration of my own personal 5 knowledge, and, if called to do so, could testify competently to the facts stated herein under 6 oath. 7 2. Exhibit 1028 contains true and correct copies of seven photographs taken of the 8 images appearing on a television screen while playing EA Sports NCAA Football14 videogame 9 for the XBox 360 platform. 3. 10 I took these photographs in October 2013 in advance of taking the deposition of 11 Chase Garnham in the above-captioned litigation. I worked with Zachary Zaharoff, a litigation 12 analyst on our litigation team, to play the EA Sports NCAA Football videogame on a large 13 television screen, to bring up the default avatar for various players, and then to edit that avatar. 14 Throughout this process, I took pictures of the screen with my i-phone and emailed those 15 pictures to Mr. Zaharoff, who under my direction printed the images and I used true and correct 16 copies of those images at the deposition of Mr. Garnham and then during his cross examination 17 at trial. The images were marked at the deposition and at trial as Exhibit 1028. 4. 18 The roster, statistical and biographical information, as well as the avatar images, 19 on pages 1028-1 and 1028-8, were not modified by me or anyone else playing the game with me 20 prior to my taking the photographs that appear on those pages. 21 5. I did modify the image of the avatar on page 1028-6 prior to taking the screenshot 22 that appears on that page. Specifically, I worked with Mr. Zaharoff to use the “edit player” 23 feature of the EA videogame to change features of the avatar such as the weight and skin tone of 24 Vanderbilt MLB #36 from the avatar whose image appears (unedited) on page 1028-1. 25 26 /// 27 /// 28 09-CV-3329-CW -1LUEDTKE DECLARATION I/S/O STIPULATION REGARDING ADMISSION OF EXHIBITS 1 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. 4 5 /s/ Carolyn Hoecker Luedtke CAROLYN HOECKER LUEDTKE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 09-CV-3329-CW -2LUEDTKE DECLARATION I/S/O STIPULATION REGARDING ADMISSION OF EXHIBITS

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