EASTERLING et al v. NATIONAL FOOTBALL LEAGUE, INC.

Filing 29

LETTER STATUS REPORT RE Discovery by CHARLES RAY EASTERLING, MARY ANN EASTERLING, GERALD FEEHERY, KOREN FURREY, MICHAEL FURREY, CAROL KINER, STEVE KINER, JAMES MCMAHON, GARLAND RADLOFF, WAYNE RADLOFF, JOSEPH E. THOMAS, NICOLE THOMAS. (Attachments: # 1 Exhibit, # 2 Cert of Service)(COBEN, LARRY) Modified on 12/19/2011 (nd, ).

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CHARLES RAY EASTERLING and his
wife, MARY ANN EASTERLING;
WAYNE RADLOFF and his wife,
GARLAND RADLOFF; JAMES
McMAHON; JOSEPH E. THOMAS and his
wife, NICOLE THOMAS; GERALD
FEEHERY; STEVE KINER and his wife
CAROL KINER, and MICHAEL FURREY
and his wife, KOREN FURREY, in their
individual capacity and on behalf of all
others similarly situated.

CIVIL ACTION NO. 11-CV-05209-AB

JURY TRIAL DEMANDED

PLAINTIFFS,
V.
NATIONAL FOOTBALL LEAGUE, INC.
DEFENDANT.

PLAINTIFFS’ AMENDED NOTICES OF DEPOSITIONS PURSUANT TO
FEDERAL RULE OF CIVIL PROCEDURES 30 (b)(6)
Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, the Plaintiffs hereby
notices for deposition (at a time that is mutually convenient for the parties and the deponents)
individuals designated by the Defendant NFL who are authorized to testify on its behalf
regarding the following topics, (amended topic(s) in bold type font):
1. The sources of medical and scientific information that was reviewed in preparation
for the publication of Article 65 of the 2011 Collective Bargaining Agreement.
2. The decision to exclude former NFL Players from the terms and conditions of Article
65 of the 2011 Collective Bargaining Agreement.

3. The decision to limit funding under the terms and conditions of Article 65 to players
who are 55 years old or younger.
4. Regarding the December 2, 2009 “Return to Play Statement” issued by the NFL, the
following subjects:
a. The identity of the people responsible for the wording of this statement;
b. The process that was followed in developing this Statement;
c. Why it was issued.
5. Regarding the NFL Sideline Concussion Assessment Tool: Baseline Test, the
following subjects:
a. Why it was developed?
b. When it was developed?
c. Who was involved in its development?
d. How it was developed?
6. Regarding the NFL’s Medical Committee on Concussion (referred to sometimes as
the NFL Concussion Committee), the following subjects:
a. Why it was established?
b. Who was responsible for the appointment of the Committee leadership?
c. How was it funded to conduct studies, research, etc.?
d. How was the annual level of funding decided?
e. Who approved the publically disseminated statements of this committee?
f. When did this Committee begin studying the long-term cognitive problems
associated with multiple concussions to NFL players?
g. What were the directives of this Committee when it was formulated?

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h. What authority did this Committee have to change the rules of football in the
NFL?
i. Who within the NFL had the authority to add, change or replace the chairs of
this committee once it was established?
7. The rules issued by the NFL regarding concussion identification and/or management,
including but not limited to the historical development of those rules.
8. The provisions in any NFL Collective Bargaining Agreement specifying any rules or
regulations of play regarding concussion identification and/or management.
9. When did the NFL first acknowledge that concussions can lead to long-term
permanent neurological problems in players?
10. Every aspect of the current and past Collective Bargaining Agreements that addressed
concussions, their identification and management, as well as the identification and
treatment of long-term neurological-cognitive illnesses in NFL players.
11. The non-legal reasons for including in Section 2 of Article 65 of the current CBA a
requirement that a player’s right to receive benefits under this Article is contingent on
the player’s agreement to execute a release and covenant not to sue.
12. The identity of every former NFL player who has applied for funds via any
program authorized by any CBA because of neurogenic deficits such as
dementia, memory loss, etc.
a. The identity of every player identified above who has obtained funds
based on such medical conditions;
b. The identity of each player who has been turned down for such funds;

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c. The published provisions of any applicable CBA that was pertinent to the
decision to allow or disallow the payment of funds to each player.
13. All discussions of Executive Committee members of the NFL between 1977 and
2009 regarding the long-term effects of concussions to players and how the NFL
should address this topic.

It is requested that these depositions take place in the offices of Plaintiffs’ counsel
beginning on January 10, 2012 at 9 AM.

Dated December 6, 2011

ANAPOL SCHWARTZ, P.C.

By:

/s/ Larry Coben

Larry E. Coben, Esq.
Attorney I.D. No. 17523
Sol H. Weiss, Esq.
Attorney I.D. No. 15925
1710 Spruce Street
Philadelphia, PA 19103
[phone]
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I, Larry Coben, hereby certify that on December 6, 2011, that Plaintiffs’ PLAINTIFFS’
AMENDED NOTICES OF DEPOSITIONS PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURES 30 (b)(6) has been served on all counsel of record.

Dated: December 6, 2011

By:

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/s/ Larry Coben