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)

EXHIBIT B

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
--------------------------------------------------------------x
:
REGGIE WHITE, et al.,
:
:
Plaintiffs,
:
:
v.
:
:
NATIONAL FOOTBALL LEAGUE, et al.,
:
:
Defendants.
:
:
---------------------------------------------------------------x

Civil Action
No. 4-92-906
Judge Doty

STIPULATION AND SETTLEMENT AGREEMENT, originally made
and entered into the 26th day of February, 1993, and as amended March 8, 2006, by and
between Plaintiffs, on behalf of themselves and all other Class Members, as defined
below, on the one hand, and the National Football League (the “NFL”), on behalf of itself
and its member clubs, described below, on the other hand.

ARTICLE XVIII
MUTUAL RESERVATION OF RIGHTS; LABOR EXEMPTION
Section 1. Subject to the provisions of this Article, upon the expiration or termination of
this Agreement, no Class Member, the Players Association, Defendant or their respective
heirs, executors, administrators, representatives, agents, successors and assigns (the
“Parties”), shall be deemed to have waived, by reason of the settlement of this Action, the
settlement and dismissal of other actions, the entry into or effectuation of this Agreement,
any Collective Bargaining Agreement, or any Player Contract, or any of the terms of any
of them, or by reason of any practice or course of dealing between or among any of the
Parties, their respective rights under law with respect to the issues of whether any
provision or practice authorized by this Agreement is or is not then a violation of the
antitrust laws. Subject to the provisions of this Article, upon the expiration or
termination of this Agreement, the Parties shall be free to make any available argument
that any provision or practice authorized by this Agreement is or is not then a violation of
the antitrust laws, or is or is not then entitled to any labor exemption.

Sections 2-3. [Omitted]

Section 4. In effectuation of this Agreement, the Parties agree that the labor exemption
from the antitrust laws applies during the express term of the CBA dated May 6, 1993,
and the extensions thereof through the extension effective as of March 8, 2006, and to
any conduct of Defendants and any Players Union taken in accordance with the terms of
such CBA during the express term of such CBA.

223

Section 5. (a) In effectuation of this Agreement, the Parties agree that, after the
expiration of the express term of such CBA, then, if there is a Players Union in existence,
the Parties agree that none of the Class Members or any player represented by any
Players Union shall be able to commence an action, or assert a claim under the antitrust
laws for conduct occurring, until either: (i) Defendants and any Players Union have
bargained to impasse; or (ii) six months after such expiration, whichever is later; at that
time, the Parties reserve any arguments they may make regarding the application of the
labor exemption.
(b)

In effectuation of this Agreement, the Parties agree that, after the

expiration of the express term of any CBA, in the event that at that time or any time
thereafter a majority of players indicate that they wish to end the collective bargaining
status of any Players Union on or after expiration of any such CBA, the Defendants and
their respective heirs, executors, administrators, representatives, agents, successors and
assigns waive any rights they may have to assert any antitrust labor exemption defense
based upon any claim that the termination by the players or any Players Union of its
status as a collective bargaining representative is or would be a sham, pretext, ineffective,
requires additional steps, or has not in fact occurred.

224