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

Filing 280

ORDER OVERRULING NCAAS #273 OBJECTION TO THE ADMISSION OF EXHIBITS PX 2537- 2543. Signed by Judge Claudia Wilken on 7/10/2014. (ndr, COURT STAFF) (Filed on 7/10/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EDWARD O’BANNON, et al.
Plaintiffs,

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United States District Court
For the Northern District of California

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No. C 09-3329 CW
ORDER OVERRULING
NCAA’S OBJECTION
TO THE ADMISSION
OF EXHIBITS PX
2537-2543 (Docket
No. 273)

v.
NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION; ELECTRONIC ARTS
INC.; and COLLEGIATE LICENSING
COMPANY,
Defendants.
________________________________/

On June 13, 2014, Defendant National Collegiate Athletic

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Association (NCAA) objected to the admission of exhibits PX 2537-

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2543, which contain a series of charts summarizing various data

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collected by the Department of Education under the Equity in

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Athletics Disclosure Act (EADA).

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these exhibits subject to Plaintiffs’ submission of a supporting

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declaration from Dr. Rascher explaining the contents of the

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charts.

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After reviewing the declaration, the NCAA renewed its objection to

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the admission of these exhibits on July 1, 2014.

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(Docket No. 273) is OVERRULED.

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summaries of voluminous data and may be admitted pursuant to

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Federal Rule of Evidence 1006.

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admissible under the “public records” exception to the hearsay

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rule because they set out “matter[s] observed while under a legal

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duty to report” and “neither the source of information nor other

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circumstances indicate a lack of trustworthiness.”

The Court provisionally admitted

Plaintiffs submitted that declaration on June 15, 2014.

This objection

Exhibits PX 2537-2543 constitute

The underlying EADA data are also

Fed. R. Evid.

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803(8).

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he relied on the same data -- which he obtained from Dr. Rascher’s

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earlier expert reports -- in forming his opinions in this case.

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Indeed, the NCAA’s own expert, Dr. Rubinfeld, stated that

IT IS SO ORDERED.

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Dated:

7/10/2014

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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