Brady et al v. National Football League et al

Filing 169

Declaration of Drew Brees in Support of 168 Memorandum in Support of Motion, filed by Tom Brady, Drew Brees, Vincent Jackson, Ben Leber, Logan Mankins, Peyton Manning, Von Miller, Brian Robison, Osi Umenyiora, Mike Vrabel. (Berens, Barbara)

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --x : Tom Brady, Drew Brees, Vincent Jackson, Ben : No: 0:11-cv-00639-SRN-JJG Leber, Logan Mankins, Peyton Manning, Von : : Miller, Brian Robison, Osi Umenyiora, and Mike Vrabel, individually, and on behalf of all : Declaration of Drew Brees : others similarly situated, : : : Plaintiffs, : : vs. : NATIONAL FOOTBALL LEAGUE, et al., : Defendants. --------------------------------- X Drew Brees declares under penalty of perjury, as follows: 1. I am a professional football player currently under contract to play for the New Orleans Saints. I am submitting this declaration in support of Plaintiffs’ motion for summary judgment. 2. I have been a Quarterback in the NFL since 2001, when I was drafted by the San Diego Chargers. 3. On or about March 16, 2006, I signed a six year $60 million contract with the Saints. Currently, my contract with the Saints runs through the 2012 season. For the 2011 season, I am owed a base salary of $7,393,500. Under my contract, I am also entitled to earn a $200,000 workout bonus. 4. As of March 12, 2011, the NFL Defendants “locked out” the players preventing us from pursuing our livelihood. Under this so-called “lockout,” the Saints have refused to honor the terms of my contract. I have been denied access to the Saints’ facilities and am prohibited from, among other things, playing, practicing, working out, consulting with the Saints’ coaching and medical staff, and making promotional appearances for the Club. 5. In addition, under the “lockout” the Saints are refusing to pay me any of the monies to which I am entitled under my contract. 6. I am ready, willing and able to perform my obligations under my contract for the 2011 season but have been denied the opportunity to do so. 7. I have been injured as a result of the NFL Defendants’ refusal to honor the terms of my contract. The NFL Defendants’ “lockout” deprives me of the ability to practice or properly prepare for the 2011 NFL season and threatens to deprive me of an entire year of working at my profession; a year that cannot be recaptured. Dated: July 15, 2011 Respectfully submitted, /s Drew Brees Drew Brees 2

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