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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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 EDWARD O’BANNON, et al. Plaintiffs, 6 7 8 9 United States District Court For the Northern District of California 10 11 12 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 13 Association (NCAA) objected to the admission of exhibits PX 2537- 14 2543, which contain a series of charts summarizing various data 15 collected by the Department of Education under the Equity in 16 Athletics Disclosure Act (EADA). 17 these exhibits subject to Plaintiffs’ submission of a supporting 18 declaration from Dr. Rascher explaining the contents of the 19 charts. 20 After reviewing the declaration, the NCAA renewed its objection to 21 the admission of these exhibits on July 1, 2014. 22 (Docket No. 273) is OVERRULED. 23 summaries of voluminous data and may be admitted pursuant to 24 Federal Rule of Evidence 1006. 25 admissible under the “public records” exception to the hearsay 26 rule because they set out “matter[s] observed while under a legal 27 duty to report” and “neither the source of information nor other 28 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. 1 803(8). 2 he relied on the same data -- which he obtained from Dr. Rascher’s 3 earlier expert reports -- in forming his opinions in this case. 4 Indeed, the NCAA’s own expert, Dr. Rubinfeld, stated that IT IS SO ORDERED. 5 6 7 Dated: 7/10/2014 CLAUDIA WILKEN United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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