O'Bannon, Jr. v. National Collegiate Athletic Association et al, No. 4:2009cv03329 - Document 351 (N.D. Cal. 2014)

Court Description: ORDER Granting 350 STIPULATION Concerning Extension of Deadlines in Orders Granting Preliminary Approval of Class Action Settlements. Motion Hearing set for 7/16/2015 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 12/29/2014. (ndr, COURT STAFF) (Filed on 12/29/2014)

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O'Bannon, Jr. v. National Collegiate Athletic Association et al 1 MICHAEL D. HAUSFELD (pro hac vice) mhausfeld@hausfeldllp.com 2 HILARY K. SCHERRER (SBN 209451) hscherrer@hausfeldllp.com 3 SATHYA S. GOSSELIN (SBN 269171) sgosselin@hausfeldllp.com 4 SWATHI BOJEDLA sbojedla@hausfeldllp.com (pro hac vice) 5 HAUSFELD LLP 1700 K Street, NW, Suite 650 6 Washington, D.C. 20006 Telephone: (202) 540-7200 (202) 540-7201 7 Facsimile: Doc. 351 GREGORY L. CURTNER (Pro Hac Vice) gcurtner@schiffhardin.com ROBERT J. WIERENGA (SBN 183687) rwierenga@schiffhardin.com SCHIFF HARDIN LLP 350 Main St., Suite 210 Ann Arbor, MI 48104 Telephone: (734) 222-1500 Facsimile: (734) 222-1501 Attorneys for Defendant National Collegiate Athletic Association 8 Antitrust Plaintiffs’ Class Counsel 9 Robert B. Carey (Pro Hac Vice) Leonard W. Aragon (Pro Hac Vice) 10 HAGENS BERMAN SOBOL SHAPIRO LLP 11 West Jefferson, Suite 1000 11 Phoenix, Arizona 85003 Telephone: (602) 840-5900 12 Facsimile: (602) 840-3012 rob@hbsslaw.com 13 leonard@hbsslaw.com R. James Slaughter Robert Van Nest KEKER & VAN NEST LLP 633 Battery Street San Francisco, CA 94111 Telephone: (415) 391-5400 Facscimile: (415) 397-7188 rslaughter@kvn.com rvannest@kvn.com 14 Right of Publicity Plaintiffs’ Class Counsel Attorneys for Defendant Electronic Arts Inc. 15 16 17 18 19 20 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EDWARD C. O’BANNON, JR., on behalf of Case Nos. 09-cv-3329-CW, 09-cv-1967 CW himself and all others similarly situated, STIPULATION AND ORDER Plaintiffs, CONCERNING EXTENSION OF DEADLINES IN ORDERS GRANTING v. PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (NCAA); ELECTRONIC ARTS, INC.; and COLLEGIATE Judge: Hon. Claudia Wilken LICENSING COMPANY, Crtrm: 2, 4th Floor Defendants. 22 SAMUEL MICHAEL KELLER, on behalf of 23 himself and all others similarly situated, Plaintiffs, 24 v. 25 NATIONAL COLLEGIATE ATHLETIC 26 ASSOCIATION (NCAA); ELECTRONIC ARTS, INC.; and COLLEGIATE LICENSING COMPANY, 27 Defendants. 28 Case Nos. 09-cv-3329-CW, 09-cv-1967 CW STIPULATION AND [PROPOSED] ORDER CONCERNING EXTENSION OF DEADLINES IN ORDERS GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS Dockets.Justia.com 1 WHEREAS, on September 3, 2014, the Court granted preliminary approval to two 2 settlements—one between the Antitrust Plaintiffs and the Right of Publicity Plaintiffs and 3 Electronic Arts Inc. (Case No. 09-1967-CW, Dkt. No. 1177); and one between the Right of 4 Publicity Plaintiffs and the National Collegiate Athletic Association (Case No. 09-1967-CW, Dkt. 5 No. 1178); 6 WHEREAS, the Court also approved both Class Notice plans, providing further that 7 As part of that Class Notice plan, the NCAA will request that its member institutions and affiliated alumni associations provide to the Notice and Claims Administrator reasonably ascertainable information regarding the names and lastknown addresses of NCAA football and basketball players who were listed on a roster published or issued by a school whose team was included in an NCAABranded Videogame originally published or distributed during the Keller Right of Publicity Settlement Class Period. To the extent that a member institution or affiliated alumni association declines to provide such information, Class Counsel shall endeavor in good faith to obtain such information, including when necessary by subpoena to such member institution or affiliated alumni association (to the extent Class Counsel have not already done so), and shall forward any information received to the Notice and Claims Administrator. 8 9 10 11 12 13 14 Case No. 09-1967-CW, Dkt. No. 1178, at 4. 15 16 17 18 19 20 21 22 23 As part of that Class Notice plan, in coordination with the NCAA Videogame Settlement, the NCAA will request that its member institutions and affiliated alumni associations provide to the Notice and Claims Administrator reasonably ascertainable information regarding the names and last-known addresses of NCAA football and basketball players who were listed on a roster published or issued by a school whose team was included in an NCAA-Branded Videogame originally published or distributed during the Settlement Class Period. To the extent that a member institution or affiliated alumni association declines to provide such information, Class Counsel shall endeavor in good faith to obtain such information, including by subpoenaing if necessary such member institution and affiliated alumni association for that information (to the extent it has not already done so), and shall forward any information received to the Notice and Claims Administrator. Case No. 09-1967-CW, Dkt. No. 1177, at 5-6; 24 WHEREAS, in the intervening months the NCAA has requested on multiple occasions that 25 its member institutions and affiliated alumni associations provide to the Notice and Claims 26 Administrator reasonably ascertainable information regarding the names and last-known addresses 27 of NCAA football and basketball players who were listed on a roster published or issued by a -1Case Nos. 09-cv-3329-CW, 09-cv-1967 CW 28 STIPULATION AND [PROPOSED] ORDER CONCERNING EXTENSION OF DEADLINES IN ORDERS GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS 1 school whose team was included in an NCAA-Branded Videogame originally published or 2 distributed during the respective class periods; 3 WHEREAS, responsive to the NCAA’s requests, 156 member institutions have now 4 provided to the Notice and Claims Administrator reasonably ascertainable information regarding 5 the names and last-known addresses of NCAA football and basketball players who were listed on 6 a roster published or issued by a school whose team was included in an NCAA-Branded 7 Videogame originally published or distributed during the respective class periods; 8 WHEREAS, the Notice and Claims Administrator, Gilardi & Co. LLC, has sampled the 9 information uploaded by NCAA member institutions and analyzed the quality of the addresses. 10 Gilardi’s analysis found that approximately 97 % of the addresses were valid addresses, and are 11 therefore likely to be effective in disseminating information to Settlement Class Members; 12 WHEREAS, the NCAA has been in active communication with its member institutions, 13 some of whom have informed the NCAA that they will need additional time to respond to the 14 request; 15 WHEREAS, some of the NCAA’s member institutions have informed the NCAA that they 16 believe that their student-athlete contact information is protected under the Family Educational 17 Rights and Privacy Act (“FERPA”) and that they will provide the requested information once they 18 have received a subpoena for the information and the other procedural requirements of FERPA 19 have been satisfied; 20 WHEREAS, no member institution to date has refused outright to disclose the requested 21 information; 22 WHEREAS, the Antitrust Plaintiffs and Right of Publicity Plaintiffs are in the process of 23 subpoenaing member institutions that have yet to provide information; 24 WHEREAS, the parties are concerned that some member institutions’ responses to the 25 subpoenas (which will yield additional information regarding the names and last-known addresses 26 of NCAA football and basketball players who were listed on a roster published or issued by a 27 school whose team was included in an NCAA-Branded Videogame originally published or 28 -2Case Nos. 09-cv-3329-CW, 09-cv-1967 CW STIPULATION AND [PROPOSED] ORDER CONCERNING EXTENSION OF DEADLINES IN ORDERS GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS 1 distributed during the respective class periods) will not be received until after January 2, 2015, the 2 current date for mailed notice to issue under both orders (Case No. 09-1967-CW, Dkt. No. 1178, 3 at 4; Case No. 09-1967-CW, Dkt. No. 1177, at 6); 4 WHEREAS, all parties agree that an extension of sixty days will benefit class members by 5 allowing the parties to obtain additional contact information for class members, and that the 6 extension will likely result in a higher claim rate. 7 IT IS HEREBY STIPULATED AND AGREED THAT: 8 The following deadlines in both preliminary-approval orders (Case No. 09-1967-CW, Dkt. 9 Nos. 1177, 1178) are extended as set forth below: 10 Event Current Deadline (Dkt. Nos. 1177, 1178) New Deadline Mailed Notice Date January 2, 2015 March 3, 2015 Plaintiffs’ Fee Petitions February 10, 2015 April 13, 2015 Opt-Out/Objection Deadline March 3, 2015 May 4, 2015 15 Replies to Objections April 30, 2015 July 2, 2015 16 Claims Deadline April 30, 2015 July 2, 2015 17 Fairness Hearing May 14, 2015 at 2 p.m. July 16, 2015 at 2 p.m. 11 12 13 14 18 The authority for and concurrence in the filing of this stipulated request has been obtained 19 from each of the signatories, pursuant to Civil Local Rule 5-1(i)(3). 20 21 22 23 24 25 26 27 Dated: December 26, 2014 HAGENS BERMAN SOBOL SHAPIRO LLP By /s/ Leonard W. Aragon Robert B. Carey (Pro Hac Vice) Leonard W. Aragon (Pro Hac Vice) 11 West Jefferson Street, Suite 1000 Phoenix, Arizona 85003 Telephone: (602) 840-5900 Facsimile: (602) 840-3012 rob@hbsslaw.com leonard@hbsslaw.com Attorneys for Right of Publicity Plaintiffs 28 -3Case Nos. 09-cv-3329-CW, 09-cv-1967 CW STIPULATION AND [PROPOSED] ORDER CONCERNING EXTENSION OF DEADLINES IN ORDERS GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS 1 Dated: December 26, 2014 HAUSFELD LLP 7 By: /s/ Hilary K. Scherrer Michael D. Hausfeld (pro hac vice) Hilary K. Scherrer (Cal. Bar No. 209451) Sathya S. Gosselin (Cal. Bar. No. 269171) HAUSFELD LLP 1700 K Street, NW, Suite 650 Washington, DC 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 mhausfeld@hausfeldllp.com hscherrer@hausfeldllp.com sgosselin@hausfeldllp.com 8 Counsel for the Antitrust Plaintiffs 9 Dated: December 26, 2014 KEKER & VAN NEST LLP 2 3 4 5 6 10 14 By /s/ R. James Slaughter R. James Slaughter Robert Van Nest 633 Battery Street San Francisco, CA 94111 Telephone: 415.391.5400 Facscimile: 415.397.7188 rslaughter@kvn.com rvannest@kvn.com 15 Attorneys for Defendant Electronic Arts Inc. 11 12 13 16 Dated: July 1, 2014 SCHIFF HARDIN LLP 17 By: /s/ Gregory L. Curtner__________ Gregory L. Curtner (Pro Hac Vice) Robert Wierenga 350 Main Street, Suite 210 Ann Arbor, Michigan 48104 Telephone: (734) 222-1500 Facsimile: (734) 222-1501 gcurtner@schiffhardin.com rwierenga@schiffhardin.com 18 19 20 21 22 Attorneys for Defendant National Collegiate Athletic Association 23 24 25 26 27 28 -4Case Nos. 09-cv-3329-CW, 09-cv-1967 CW STIPULATION AND [PROPOSED] ORDER CONCERNING EXTENSION OF DEADLINES IN ORDERS GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS 1 2 ORDER Pursuant to the stipulation of counsel, IT IS SO ORDERED. 3 4 5 Dated: December 29, 2014 _______________________________________ The Honorable Claudia Wilken Chief United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5Case Nos. 09-cv-3329-CW, 09-cv-1967 CW STIPULATION AND [PROPOSED] ORDER CONCERNING EXTENSION OF DEADLINES IN ORDERS GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS CERTIFICATE OF SERVICE 1 2 I hereby certify that on December 26, 2014, I electronically filed the foregoing document 3 with the Clerk of the Court using the CM/ECF system, which will send notification to the e-mail 4 addresses registered. 5 6 /s/ Leonard W. Aragon LEONARD W. ARAGON 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6Case Nos. 09-cv-3329-CW, 09-cv-1967 CW STIPULATION AND [PROPOSED] ORDER CONCERNING EXTENSION OF DEADLINES IN ORDERS GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS

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