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

Filing 71

MOTION to Change Venue CORRECTION OF DOCKET # 69 filed by National Collegiate Athletic Association. Motion Hearing set for 10/22/2009 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Attachments: # 1 Affidavit Robert Wierenga, # 2 Index of Exhibits, # 3 Exhibit A - Div I Men's Basketball, # 4 Exhibit B - Football Bowl Subdivision, # 5 Exhibit C - Federal Judicial Caseload Statistics, # 6 Exhibit D - Email from Jon King 9-8-09, # 7 Affidavit Peter Boyle, # 8 Appendix Unpublished Opinions, # 9 Proposed Order Transfer Venue)(Wierenga, Robert) (Filed on 9/14/2009)

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O'Bannon, Jr. v. National Collegiate Athletic Association et al Doc. 71 Att. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gregory L. Curtner (Pro Hac Vice) curtner@millercanfield.com Robert J. Wierenga (SBN183687) wierenga@millercanfield.com Kimberly K. Kefalas (Pro Hac Vice) kefalas@millercanfield.com Atleen Kaur (Pro Hac Vice) kaur@millercanfield.com MILLER, CANFIELD, PADDOCK AND STONE, P.L.C. 101 North Main St., 7th Floor Ann Arbor, MI 48104 Telephone: (734) 663-2445 Facsimile: (734) 663-8624 Jason A. Geller (SBN168149) jgeller@longlevit.com Glen R. Olson (SBN111914) golson@longlevit.com LONG & LEVIT LLP 465 California Street, 5th Floor San Francisco, CA 94104 Telephone: (415) 397-2222 Facsimile: (415) 397-6392 Attorneys for Defendant National Collegiate Athletic Association UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION EDWARD C. O'BANNON, JR., on behalf of himself and all others similarly situated, Plaintiff, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (a/k/a the "NCAA"), and COLLEGIATE LICENSING COMPANY, (a/k/a "CLC"). Defendants. Case No. 3:09-cv-03329 CW DECLARATION OF ROBERT J. WIERENGA IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER VENUE Hearing Date: Time: Dept: Judge: October 22, 2009 2 P.M. Courtroom 2, 4th Floor Hon. Claudia Wilken Date Complaint filed: July 21, 2009 DECLARATION OF ROBERT J. WIERENGA IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER VENUE Case No. 3:09-cv-03329-CW Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. I, ROBERT J. WIERENGA, declare as follows: I am a partner at the law firm of Miller Canfield Paddock and Stone, PLC, counsel for the NCAA in this matter. All statements made below are based upon my personal knowledge. 2. The NCAA is an unincorporated association headquartered in Indianapolis, Indiana, and most of its employees live and work in and around the Indianapolis area. 3. Dr. Myles Brand, President of the NCAA, resides in Indianapolis, Indiana and primarily works out of the NCAA's headquarters in Indianapolis. 4. Wallace Renfro, senior advisor to Dr. Brand, resides in Carmel, Indiana and primarily works out of the NCAA's headquarters in Indianapolis. 5. Indianapolis. 6. headquarters. 7. Attached hereto as Exhibit A is a true and correct copy of a printout from the It is common for NCAA committees to meet at the NCAA's Indianapolis The NCAA's documents and records are primarily stored at its headquarters in NCAA's website, last visited September 10, 2009, showing the location of the NCAA member institutions that sponsor Division I men's basketball. 8. Attached hereto as Exhibit B is a true and correct copy of a printout from the NCAA's website, last visited September 10, 2009, showing the location of the NCAA member institutions that sponsor Division I FBS athletic teams. 9. Attached hereto as Exhibit C is a true and correct copy of an excerpt from the Federal Judicial Caseload Statistics, maintained by the Administrative office of the U.S. Courts and published at http://www.uscourts.gov/caseload2008/contents.html, last visited September 10, 2009, showing the civil cases commenced, terminated and pending in U.S. District Courts for the 12 month periods ending March 31, 2007 and March 31, 2008. 10. Attached hereto as Exhibit D is a true and correct copy of an email I received from Jon King, counsel for plaintiff Edward O'Bannon, on September 8, 2009. DECLARATION OF ROBERT J. WIERENGA IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER VENUE Case No. 3:09-cv-03329-CW 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Executed on September 11, 2009, at Ann Arbor, Michigan. /s/ Robert J. Wierenga Robert J. Wierenga (SBN183687) Miller, Canfield, Paddock and Stone PLC 101 North Main St., 7th Floor Ann Arbor, MI 48104 Telephone: (734) 663-2445 Fax: (734) 747-7147 Email: wierenga@millercanfield.com Attorney for Defendant NCAA AALIB:567150.1\063863-00041 DECLARATION OF ROBERT J. WIERENGA IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER VENUE Case No. 3:09-cv-03329-CW 3

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