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 B MICHAEL D. HAUSFELD (pro hac vice) 1 mhausfeld@hausfeldllp.com HILARY K. SCHERRER (SBN 209451) 2 hscherrer@hausfeldllp.com SATHYA S. GOSSELIN (SBN 269171) 3 sgosselin@hausfeldllp.com SWATHI BOJEDLA (pro hac vice) 4 sbojedla@hausfeldllp.com HAUSFELD LLP 5 1700 K Street, NW, Suite 650 Washington, D.C. 20006 6 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 7 MICHAEL P. LEHMANN (SBN 77152) 8 mlehmann@hausfeldllp.com BRUCE J. WECKER (SBN 78530) 9 bwecker@hausfeldllp.com ARTHUR N. BAILEY, JR. (SBN 248460) 10 abailey@hausfeldllp.com HAUSFELD LLP 11 44 Montgomery Street, Suite 3400 San Francisco, California 94104 12 Telephone: (415) 633-1908 Facsimile: (415) 358-4980 13 Plaintiffs’ Class Counsel 14 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 DECLARATION OF JAMES A. MITCHELL IN SUPPORT OF STIPULATION REGARDING ADMISSION OF EXHIBITS 20 21 Plaintiffs, v. NATIONAL COLLEGIATE ATHLETIC 22 ASSOCIATION; COLLEGIATE LICENSING COMPANY; and 23 ELECTRONIC ARTS INC., 24 Judge: Hon. Claudia Wilken Courtroom: 2, 4th Floor Defendants. 25 26 27 28 09-CV-3329-CW MITCHELL DECLARATION I/S/O STIPULATION REGARDING ADMISSION OF EXHIBITS 1 I, JAMES A. MITCHELL, declare as follows: 2 1. I am a paralegal at Hausfeld LLP, which serves as Class Counsel for the Plaintiffs 3 in the above-captioned matter. I make this declaration of my own personal knowledge, and, if 4 called to do so, could testify competently to the facts stated herein under oath. 5 2. Exhibit 2493 contains true and correct copies of six photographs taken of the 6 images appearing on a television screen while playing the EA Sports NCAA Football ’05 7 videogame for the PlayStation 3 platform. 8 9 3. I took these photographs in April 2014 at the offices of Hausfeld LLP in Washington, DC. In order to acquire the images, I played the EA Sports NCAA Football ’05 10 video game on a large television screen. First, I brought up the default avatar for the player 11 designated as WR #4 for the University of Alabama football team. Then, I also used the avatar 12 for WR #4 to play a football game in the video game. Throughout this process, I took pictures 13 of the screen with my iPhone and converted those photographs into PDF files for use as trial 14 exhibits. 15 4. The roster, statistical and biographical information, as well as the avatar images, 16 on pages 2493-2 and -4, were not modified by me or anyone else playing the game with me prior 17 to my taking the photographs that appear on those pages. With respect to 2493-4, the image was 18 manipulated only to the extent that I used the avatar in game play and captured an image of live 19 game action of the default avatar for WR #4 for the University of Alabama football team. 20 I declare under penalty of perjury under the laws of the United States that the foregoing is 21 true and correct and that this declaration was executed this 26th day of June 2014, at Oakland, 22 California. 23 24 /s/ James A. Mitchell JAMES A. MITCHELL 25 26 27 28 -109-CV-3329-CW MITCHELL DECLARATION I/S/O STIPULATION REGARDING ADMISSION OF EXHIBITS

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