Brady et al v. National Football League et al

Filing 170

Declaration of Tom Brady 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 Tom Brady : others similarly situated, : : : Plaintiffs, : : vs. : NATIONAL FOOTBALL LEAGUE, et al., : Defendants. --------------------------------- X Tom Brady declares under penalty of perjury, as follows: 1. I am a professional football player currently under contract to play for the New England Patriots. I am submitting this declaration in support of Plaintiffs’ motion for summary judgment. 2. I have been a Quarterback in the NFL since 2000, when I was drafted by the New England Patriots. I have been with the Patriots for the entirety of my NFL career. 3. On or about September 10, 2010, I signed a contract extension with the Patriots that extended through the 2014 NFL season. For the 2011 season, I am owed a base salary of $5,750,000. Under my contract, I am also entitled to earn a $4,000,000 roster 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 Patriots have refused to honor the terms of my contract. I have been denied access to the Patriots’ facilities and am prohibited from, among other things, playing football, practicing under the direction of Patriots’ coaches, working out under the direction of the Patriots’ strength and conditioning staff, and consulting with the Patriots’ coaching and medical staff. 5. In addition, and if the “lockout” continues, the Patriots will be prohibited by the NFL 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 prepare in a customary fashion 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 Tom Brady Tom Brady 2

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