In re NCAA Student-Athlete Name Likeness Licensing Litigation

Filing 55

TENTATIVE RULING on Plaintiffs' Motions to Compel Production of Documents from Non-Parties. Signed by Judge Nathanael M. Cousins on 2/7/12. (nclc1, COURT STAFF) (Filed on 2/7/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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IN RE NCAA STUDENT-ATHLETE
NAME & LIKENESS LICENSING
LITIGATION

Case No. 09-cv-01967 CW (NC)
Related to 11-mc-80300 CW (NC)
Related to 11-mc-80020 CW (NC)
TENTATIVE RULING RE:
PLAINTIFFS’ MOTIONS TO
COMPEL PRODUCTION OF
DOCUMENTS

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Plaintiffs served a subpoena requesting documents under Rule 45 on each of the

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following non-parties: (1) The Big Ten Conference, 11-mc-80300 CW (NC), Dkt. No. 2; (2)

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The Big Ten Network, 11-mc-80300 CW (NC), Dkt. No. 26; and (3) Fox Broadcasting

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Company, 11-mc-80020 CW (NC), Dkt. No. 2. As none of the subpoenaed parties has

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produced any documents in response to Plaintiffs’ requests, Plaintiffs move to compel each of

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the non-parties to produce several categories of documents.

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This order provides the parties with a tentative ruling on each category of documents

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currently at issue.1 The parties are encouraged to meet and confer prior to tomorrow’s hearing

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and attempt in good faith to reach a compromise on the scope of each document request in light

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The subpoenas Plaintiffs served on the non-parties contained many more categories of
documents than are addressed in this order. Because Plaintiffs agreed to reduce the scope of their
subpoenas during the meet-and-confer process, only the categories of documents that fall within
this reduced scope are at issue here.
Case No. 09-cv-01967 CW (NC)
TENTATIVE RULING

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of the following tentative rulings:

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Category 1: All television or broadcast contracts affecting or concerning men’s Division I

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basketball or Division I football.
Tent. Ruling: Denied. The Court finds that the documents responsive to this request are
irrelevant to the claims and defenses in this case.

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Category 2: All licensing agreements with “major entities” and “outside” licensing entities in

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which the license granted includes rights to the name, image, or likeness of

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student athletes and “related documents,” including revenue or royalty reports.

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Tent. Ruling: Denied. The Court finds that the documents responsive to this request are
irrelevant to the claims and defenses in this case.

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Category 3: All documents relating to the rights to continue to license, use, or sell products

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containing images of former student athletes, including all exemplar releases or

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consent forms administered by the requested party.

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Tent Ruling: Denied. The Court finds that this document request is overly broad and therefore
is unduly burdensome.

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Category 4: All documents relating to policies regarding copyright, ownership, or licensing of
products incorporating the name, image, likeness of student athletes.
Tent. Ruling: Denied. The Court finds that this document request is overly broad and therefore
is unduly burdensome.

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Category 5: All documents relating to EA sports games and information on payments by EA
to the requested party.
Tent. Ruling: Denied in part. The Court finds that this document request is overly broad

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because at least some of the responsive documents can be obtained from EA,

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which is a party to this action.

Case No. 09-cv-01967 CW (NC)
TENTATIVE RULING

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Category 6: All documents referencing or referring to this litigation, including documents
relating to the subpoenas Plaintiffs served on third parties.
Tent. Ruling: Denied. The Court finds that this document request is overly broad and therefore
is unduly burdensome.

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Category 7: All documents relating to the requested party’s attendance at any trade

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association meeting during which the rights to student athletes’ photos or images

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were discussed [applies to The Big Ten Conference only].

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Tent. Ruling: Denied. The Court finds that this document request is overly broad and therefore
is unduly burdensome.

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Category 8: All documents concerning the amateur status of student athletes, including any
proposed changes to that status [applies to The Big Ten Conference only].
Tent Ruling: Denied. The Court finds that this document request is overly broad and therefore
is unduly burdensome.

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IT IS SO ORDERED.
DATED: February 7, 2012
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 09-cv-01967 CW (NC)
TENTATIVE RULING

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