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 B

MICHAEL D. HAUSFELD (pro hac vice)
1 [e-mail]
HILARY K. SCHERRER (SBN 209451)
2 [e-mail]
SATHYA S. GOSSELIN (SBN 269171)
3 [e-mail]
SWATHI BOJEDLA (pro hac vice)
4 [e-mail]
HAUSFELD LLP
5 1700 K Street, NW, Suite 650
Washington, D.C. 20006
6 Telephone:
[phone]
Facsimile:
[phone]
7
MICHAEL P. LEHMANN (SBN 77152)
8 [e-mail]
BRUCE J. WECKER (SBN 78530)
9 [e-mail]
ARTHUR N. BAILEY, JR. (SBN 248460)
10 [e-mail]
HAUSFELD LLP
11 44 Montgomery Street, Suite 3400
San Francisco, California 94104
12 Telephone:
[phone]
Facsimile:
[phone]
13
Plaintiffs’ Class Counsel
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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18 EDWARD O’BANNON, et al.,

Case No. 09-CV-3329-CW

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DECLARATION OF JAMES A.
MITCHELL IN SUPPORT OF
STIPULATION REGARDING
ADMISSION OF EXHIBITS

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Plaintiffs,
v.

NATIONAL COLLEGIATE ATHLETIC
22 ASSOCIATION; COLLEGIATE
LICENSING COMPANY; and
23 ELECTRONIC ARTS INC.,
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Judge: Hon. Claudia Wilken
Courtroom: 2, 4th Floor

Defendants.

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

1 I, JAMES A. MITCHELL, declare as follows:
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1.

I am a paralegal at Hausfeld LLP, which serves as Class Counsel for the Plaintiffs

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in the above-captioned matter. I make this declaration of my own personal knowledge, and, if

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called to do so, could testify competently to the facts stated herein under oath.

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2.

Exhibit 2493 contains true and correct copies of six photographs taken of the

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images appearing on a television screen while playing the EA Sports NCAA Football ’05

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videogame for the PlayStation 3 platform.

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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

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video game on a large television screen. First, I brought up the default avatar for the player

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designated as WR #4 for the University of Alabama football team. Then, I also used the avatar

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for WR #4 to play a football game in the video game. Throughout this process, I took pictures

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of the screen with my iPhone and converted those photographs into PDF files for use as trial

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exhibits.

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4.

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

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on pages 2493-2 and -4, were not modified by me or anyone else playing the game with me prior

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to my taking the photographs that appear on those pages. With respect to 2493-4, the image was

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manipulated only to the extent that I used the avatar in game play and captured an image of live

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game action of the default avatar for WR #4 for the University of Alabama football team.

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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.
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/s/ James A. Mitchell
JAMES A. MITCHELL

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-109-CV-3329-CW
MITCHELL DECLARATION I/S/O STIPULATION REGARDING ADMISSION OF EXHIBITS