Nike USA, Inc. v. Berian

Filing 15

Declaration of Merhawi Keflezighi in Support of Defendant's Opposition to Nike's Motion to Expedite. Filed by Boris Berian. (Related document(s): Response in Opposition to Motion 14 .) (Ferranti, William)

Case 3:16-cv-00743-SB

Document 15

Filed 06/05/16

Page 1 of 2

William P. Ferranti. OSB # 160069
wpf::ij)ferrantiappeals.com
THE FERRANTI FIRM LLC
1819 SW 5th Ave. #403
Portland. Oregon 97201
Tel: [phone]

Vincent C. £\\fog. admitted pro hac vice
vce,ving@)11e.com
LAW OFFICE OF VINCENT C. EWING
111 West Ocean Blvd .. Suite 400. PMB 444
Long Beach. C ,\ 90802
Tel: [phone]
A rforneysfhr Dc/i:ndcmt Boris Berian

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

PORTLAND DIVISION

NTKE USA. INC.. an Oregon corporation.

Case No. 3: 16--cv- 00743-SB

Plaintiff.
V.

BORJS BERT!\N. an individual California
resident,
Defendant.

llECLARA TlON OF MERHA WI
KEFLEZlGHI
In Support Of Defendant Boris Berian's
Opposition To Nike's Motion For
Expedited Preliminary Injunction
Hearing and Related Discff\:ery

Case 3:16-cv-00743-SB

Document 15

Filed 06/05/16

Page 2 of 2

L Merhawi Keflezighi. hereby declare as follows:

1.

I am the Founder and Director of HA WI Management. l submit this declaration

in support of Defendant Boris Berian · s Opposition To Nike· s Motion For Expedited Preliminary
Injunction Hearing and Related Discovery The information herein is based on my personal
knovvledge. and. if called and sworn as a \Vitness. J could and would testify competently thereto .

'

I have been Boris Berian·s agent since October l. 2015.
On February 15. 2016. Nike sent to me by email a document that it has

characterized as a 2016 Contract betv,een Nike and Mr. Berian.
4.

That document included. among numerous other terms and provisions. the

foll owing .. AFFIUA TION .. clause. as paragraph VII of ··SCHEDtJLE A BORIS BE RIAN
COMPENSATION AND BONUS SCHEDULE .. :
NIKE shall permit ATHLETE to compete under the Big Bear Track Club affiliation. and
ATHLETE may wear the official uniform and footwear of Big Bear Track Club in all
domestic competitions. including the US Indoor Championships and US Olympic Trials.
in 2016. ATHLETE shall compete for Team NIKE and \Vear the Team NIKE official
uniform in all international eYents.
5.

I anticipate authenticating and submitting the entirety of this document for the

Coun·s review after Ivlr. Berian·s counsel has an opportunity to address with Nike·s counsel the
need (if an)) for the document to be redacted or filed under seal.
I declare under penalty of pe1jury that the foregoing is true and correct.
Executed on June 5. 2016.

TVfERHA WI KEFLEZIGHI
FOUNDER AND DIRECTOR
l-lAWI MANAGEIVfENT