Brady et al v. National Football League et al

Filing 173

Declaration of Barbara P. Berens 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. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F (part 1), # 7 Exhibit(s) F (part 2), # 8 Exhibit(s) F (part 3), # 9 Exhibit(s) G, # 10 Exhibit(s) H)(Berens, Barbara)

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 Barbara P. Berens
:
others similarly situated,
:
:
:
Plaintiffs,
:
:
vs.
:
NATIONAL FOOTBALL LEAGUE, et al.,
:
Defendants.
--------------------------------- X
I, Barbara P. Berens, hereby declare as follows:
1.

I am a partner at the law firm of Berens & Miller, P.A. in

Minneapolis, Minnesota, which represents Plaintiffs Tom Brady, Drew Brees, Vincent
Jackson, Ben Leber, Logan Mankins, Peyton Manning, Von Miller, Brian Robison, Osi
Umenyiora, and Mike Vrabel in this action. I have personal knowledge of and am
competent to testify to the following:
2.

Exhibit A hereto is a true and correct copy of a letter from Dennis

Curran to DeMaurice Smith dated March 11, 2011.
3.

Exhibit B hereto is a true and correct copy of Article XVIII of the

White Stipulation and Settlement Agreement, originally executed on February 26, 1993
and as amended on March 8, 2006.

4.

Exhibit C hereto is a true and correct copy of Article LVII of the

expired collective bargaining agreement between the National Football League
Management Council and the National Football League Players Association, dated March
8, 2006.
5.

Exhibit D hereto is a true and correct copy of the Department of

Labor Form LM-2 for the period ending on March 11, 2011 filed by the National Football
League Players Association.
6.

Exhibit E hereto is a true and correct copy of the IRS Form 1024

filed by the National Football League Players Association.
7.

Exhibit F hereto is a true and correct copy of the NFL Player

Contracts of Plaintiffs Tom Brady, Drew Brees, Brian Robison, and Osi Umenyiora.
8.

Exhibit G hereto is a true and correct copy of the brief filed in the

Eighth Circuit by the National Football League in Powell v. NFL on April 3, 1989.
9.

Exhibit H hereto is a true and correct copy of the transcript of

proceedings held before the Supreme Court in Brown v. Pro Football, Inc. on March 27,
1996.

Dated: July 18, 2011

Respectfully submitted,
s/Barbara P. Berens
Barbara P. Berens

2