Brady et al v. National Football League et al

Filing 36

DECLARATION of Daniel J. Connolly in Support of 34 Memorandum in Opposition to Motion, filed by Arizona Cardinals, Inc., Atlanta Falcons Football Club LLC, Baltimore Ravens Limited Partnership, Buccaneers Limited Partnership, Buffalo Bills, Inc., Chicago Bears Football Club, Inc., Cinncinnati Bengals, Inc., Cleveland Browns LLC, Dallas Cowboys Football Club, Ltd., Denver Broncos Football Club, Detroit Lions, Inc., Football Northwest LLC, Green Bay Packers, Inc., Houston NFL Holdings LP, Indianapolis Colts, Inc., Jacksonville Jaguars Ltd., Kansas City Chiefs Football Club, Inc., Miami Dolphins, Ltd., Minnesota Vikings Football Club LLC, National Football League, New England Patriots, LP, New Orleans Louisiana Saints, LLC, New York Football Giants, Inc., New York Jets Football Club, Inc., Oakland Raiders LP, Panthers Football LLC, Philadelphia Eagles Football Club, Inc., Pittsburgh Steelers Sports, Inc., Rams Football Co, LLC, The, San Diego Chargers Football Co., San Francisco Forty Niners Ltd., Tennessee Football, Inc., Washington Football Inc. (Attachments: # 1 Exhibit(s) A-P, # 2 Exhibit(s) Q, # 3 Exhibit(s) R, # 4 Exhibit(s) S, # 5 Exhibit(s) T, # 6 Exhibit(s) U). SEALED DOCUMENTS RECEIVED IN CLERKS OFFICE ON 3/21/11. (Connolly, Daniel) Modified on 3/21/2011 (akl).

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
TOM BRADY, et al.,
Plaintiffs,
v.
NATIONAL FOOTBALL LEAGUE, et al.,
Defendants.

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Declaration of Daniel J. Connolly
I, Daniel J. Connolly, hereby declare as follows:
1.

I am a partner at the law firm of Faegre & Benson in

Minneapolis, Minnesota, which represents Defendants National Football
League et al. in this matter. I have personal knowledge of and am competent
to testify to the following:
2.

Exhibit A hereto is a true and correct copy of the Affidavit

of Jeffrey L. Kessler, sworn to on November 2, 1990, and filed in McNeil v.

NFL, No. 4-90-476 (D. Minn.).
3.

Exhibit B hereto is a true and correct copy of the Plaintiffs’

Memorandum of Law in Support of Motion for Partial Summary Judgment,
dated August 1, 1990, and filed in McNeil v. NFL, 4-90-476 (D. Minn.).

4.

Exhibit C hereto is a true and correct copy of excerpts from

the transcript of the deposition testimony of Eugene Upshaw, taken October
3, 1990, in McNeil v. NFL, 4-90-476 (D. Minn.).
5.

Exhibit D hereto is a true and correct copy of a transcript of

a September 2010 radio interview of Kevin Mawae. A compact disc with an
MP3 audio file of that interview has been filed with the Court as Exhibit Q
hereto and has been served on plaintiffs’ counsel.
6.

Exhibit E hereto is a true and correct copy, printed from

Westlaw, of a news article written by John McClain in the Houston Chronicle
on November 11, 2010.
7.

Exhibit F hereto is a true and correct copy of a transcript of

a March 2, 2011 interview of Derrick Mason on the ESPN program “NFL
Live.” A compact disc with an MP3 audio file of that interview has been filed
with the Court as Exhibit R hereto and has been served on plaintiffs’ counsel.
8.

Exhibit G hereto is a true and correct copy of a transcript of

a March 11, 2011 interview of Vonnie Holliday on the ESPN program
“Sportscenter.” A compact disc with an MP3 audio file of that interview has
been filed with the Court as Exhibit S hereto and has been served on
plaintiffs’ counsel.
9.

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

a March 12, 2011 interview of Jeff Saturday on Sirius Satellite Radio. A

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compact disc containing an MP3 audio file of that interview has been filed
with the Court as Exhibit T hereto and has been served on plaintiffs’ counsel.
10.

Exhibit I hereto is a true and correct copy of a March 18,

2011 news article from the ESPN.com website entitled, “Mike Vrabel: Nix
NFL brass from talks.” A video containing excerpts of this interview is
available at http://espn.go.com/video/clip?id=6233604.
11.

Exhibit J hereto is a true and correct copy of the NFLPA

Guide to the Lockout, which was downloaded from the NFLPA’s website,
http://www.nflplayers.com, in March 2011.
12.

Exhibit K hereto is a true and correct copy of the unfair

labor practice charge filed with the National Labor Relations Board by the
NFL against the NFLPA on February 14, 2011.
13.

Exhibit L hereto is a true and correct copy of the NFL’s

amended unfair labor practice charge, filed with the National Labor
Relations Board on March 11, 2011.
14.

Exhibit M hereto is a true and correct copy of a transcript

of a press conference conducted by DeMaurice Smith and other NFLPA
officials and representatives in February 2011 prior to the Super Bowl,
downloaded from the NFLPA’s website, http://www.nflplayers.com on
February 4, 2011.

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15.

Exhibit N hereto is a true and correct copy of a transcript of

a March 11, 2011 press conference by DeMaurice Smith, which is available at
the NFLPA-sponsored website, www.nfllockout.com at the following link:
http://www.nfllockout.com/2011/03/11/snapshot-of-demaurice-smiths-officialstatement-to-press/. A compact disc with an MP3 audio file of that interview
has been filed with the Court as Exhibit U hereto and has been served on
plaintiffs’ counsel.
16.

Exhibit O hereto is a true and correct copy of Article LVII

of the 2006 NFL Collective Bargaining Agreement.
17.

Exhibit P hereto is a true and correct copy of Article LV of

the 2006 NFL Collective Bargaining Agreement.
18.

Exhibit Q hereto is a compact disc containing an MP3

audio file of a September 2010 radio interview of Kevin Mawae that is
transcribed at Exhibit D hereto.
19.

Exhibit R hereto is a compact disc containing an MP3 audio

file of a March 2, 2011 interview of Derrick Mason on the ESPN program
“NFL Live” that is transcribed at Exhibit F hereto.
20.

Exhibit S hereto is a compact disc containing an MP3 audio

file of a March 11, 2011 interview of Vonnie Holliday on the ESPN program
“Sportscenter” that is transcribed at Exhibit G hereto.

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21.

Exhibit T hereto is a compact disc containing an MP3 audio

file of a March 12, 2011 interview of Jeff Saturday on Sirius Satellite Radio
transcribed at Exhibit H hereto.
22.

Exhibit U hereto is a compact disc containing an MP3 audio

file of a March 11, 2011 press conference by DeMaurice Smith which is
transcribed at Exhibit N hereto.
I declare under penalty of perjury that the foregoing is true and
correct. Executed on March 21, 2011.

s/Daniel J. Connolly
Daniel J. Connolly, #197427
fb.us.6528240.01

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