Dave Pear's Blog

The original lawsuit against NFL Films was filed with Fred Dryer as the original lead plaintiff with Elvin Bethea, Jim Marshall, Joe Senser, Dan Pastorini and Ed White joining him early in the process. Bob Stein and Tom Ward were the original attorneys working with Fred Dryer. Naturally, Bob Stein and Tom Ward are excluded from any attorney fees (as are the original six plaintiffs) by the NFL group that includes Hausfeld LLP, Zimmerman & Reed and Gustafson Gluek, all for having the gall to ask for what the NFL really owes ALL NFL players: Money.
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In this third part of our discussion. Fred makes a strong and passionate argument against the current Settlement Offer as presented and endorsed by the NFL and a separate group of retired players as recruited by Hausfeld and Zimmerman and the NFL. Questions were allowed during the discussion and you will hear the overwhelming objections from the audience to the NFL’s “final” Offer. And the Original Six Plaintiffs were all present or represented at our Conference (Jim Marshall’s wife managed to attend on his behalf and you can see her asking one of the questions from the audience). And as we pointed out earlier, it’s interesting that the so-called solid majority of other players and attorneys on the side of the NFL Settlement Offer could not muster one single lawyer or even one other player aside from Ron Mix to stand up for their wonderful deal.
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YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video.
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Attorney Michael Ciresi (Robins, Kaplan, Miller & Ciresi) is one of the attorneys representing the Original Six Plaintiffs in the Dryer vs NFL Films lawsuit. Ciresi was the attorney who made the case against the Settlement Offer in Minnesota Federal Court while Dan Gustafson made the arguments for the Settlement Offer on behalf of a new group of added plaintiffs. In this second of three segments from our Dryer vs NFL Films discussion, you will hear Mike Ciresi give his legal arguments to retired players in the audience on why this is a one-sided offer made in bad faith. (You can read all Panelist biographies by clicking HERE.)
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YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video.
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As we were planning our Conference over the last few weeks leading up to this past weekend, we had many discussions on the best way to present both sides of the Settlement Offer to the retired football player community so each one of you can make an informed decision. We finally decided to invite each attorney who made the final presentations in Federal Court to Judge Magnuson in Minnesota: attorney Dan Gustafson from the firm Gustafson Gluek PLLC accepted on behalf of the players whose names were listed in the Settlement Offer (you can review a copy of that offer by clicking HERE) and attorney Michael Ciresi of Robins, Kaplan, Miller & Ciresi accepted on behalf of the original six plaintiffs. Of the six original plaintiffs, five of them managed to show up for the Conference. Ron Mix graciously accepted to present his reasons for accepting the offer while Fred Dryer – the original named plaintiff in Dryer vs NFL Films – joined Mike Ciresi to present their opposing position.
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Unfortunately, by late Friday, we received confirmation that attorney Dan Gustafson would not be attending because of a family matter and no replacement would be sent to replace him, leaving Ron Mix to make the case for accepting the Settlement as well as answering questions from the audience. This Settlement Offer has been promoted as the best deal retired players can expect from the NFL while also declaring that only a very tiny but vocal minority of retirees were opposed to it. Quite frankly, we were surprised that those parties with their overwhelming majority didn’t manage to find one single replacement for attorney Gustafson to present their claim of a done deal. Ron Mix managed to maintain a dignified and professional approach in explaining many of the still-unanswered details of this 160+ page Settlement Offer while plaintiffs’ attorney Mike Ciresi and Fred Dryer each made their presentations of opposing what they believed to be a very one-sided and typically worthless Offer which included punitive expenses to be taken out of the Offer to fight those who would oppose it. While many in the audience vented their anger and frustration with the Offer towards Ron Mix personally, we truly believe that Ron sincerely felt that this was the best deal possible from a pragmatic point of view and as such, we need to respect Ron for being there to present his opinions in a very dignified manner. Our reasoning is that even with all their resources, no one else was sent to back Ron up was perhaps a way to damage Ron’s standing with retired players as a strong advocate for Workers Compensation rights, specifically in the State of California. Ron has successfully fought for Workers Comp benefits over many years for hundreds of professional athletes and now continues to personally carry on the battle to oppose California Bill AB 1309 which will eliminate Workers Comp claims for professional athletes in California. The League certainly benefits by eliminating these claims and damaging Ron’s standing in the retiree community would certainly be a side benefit of leaving him to defend their Settlement Offer on his own this past weekend.
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We’ve decided to agree to disagree with Ron on a personal level while still holding him in high regard for his years of dedication in fighting for your Workers Compensation rights and benefits. As you will also see during this often-heated two+ hour discussion/debate, contrary to what the true minority who are attempting to paint the rest of you as a a loud minority, there didn’t seem to be anyone in the audience who supported the Settlement Agreement. Because of the length of this final discussion, we’ve decide to break it up into three separate videos beginning with Ron Mix on behalf of the group supporting the Settlement. Next, we’ll have attorney Michael Ciresi posing his legal position on why the Settlement Offer is clearly not even close to a good deal. Then last – but certainly not least – we’ll have Fred Dryer giving a very passionate point of view on why he’s personally opposed to the NFL’s final best offer, both from a retired football player’s perspective as well as from his very unique position as a Hollywood actor and producer who continues to receive royalties for his work. (Once again, you can read all Panelist biographies by clicking HERE.)

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We’re going to remind all retired players that the NFL’s standard play has always been divide-and-conquer. By putting Ron out there alone on the front line at the last minute to defend their Offer, they can accomplish two things: Continue their failing attempts to show that their Offer is supported by a so-called “majority” of retirees and is being defended by one of your own. And at the same time, they can alienate Ron with retired players so they can damage his long years of work on behalf of retired players’ Workers Compensation benefits, as well as his current efforts to stop California’s Bill AB 1309. They get to kill two birds with one stone. We hope you’ll keep all this in mind when you make your own decision in the NFL Films lawsuit and don’t hold it against Ron for his personal opinion on this single issue. The fact that even with all their resources, neither the NFL nor Hausfeld nor Zimmerman nor Gustafson managed to send a legal spokesperson to argue their case with retired players in an open forum should speak volumes and give you more to think about.
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YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video.
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EDITOR’S NOTE: We just uploaded a copy of the slide deck that Dan Gustafson sent to Ron Mix for presentation to attendees at our Conference. Ron arrived with a FedEx package of printed copies and we managed to scan it in time to put up on the screen for easier viewing and for posterity. You can view this slideshow full screen by clicking on the FullScreen icon in the lower right corner of each slide screen (press ESC to close the slideshow).
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Yakub Hazzard from Robins, Kaplan, Miller & Ciresi spent over an hour explaining and answering questions about basic visual rights, how they work and what others can – and can’t – do with them. This is the basic primer that neither the NFL nor the NFLPA nor your agent EVER wanted football players to understand. (You can read all biographies by clicking HERE.)
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YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video.
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EDITOR’S NOTE – MAY 8 2013: We just uploaded Yakub’s slideshow so you can follow along with the video. You can view each slideshow full screen by clicking on the FullScreen icon in the lower right corner of each slide screen (press ESC to close the slideshow).
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With last-minute itinerary changes and arrivals, we’ve been juggling our Conference schedule to accommodate everything. And we’ve also made some minor additions to our schedule as well in order to cover some very recent events that we believe most of the retired player community will want to hear about.
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Here’s a list of our Panelists with biographies:
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Dr. Bennet Omalu
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Dr. Omalu received his MB, BS [M.D.] degree from the University of Nigeria in 1991. He received his MPH [Masters in Public Health] degree in Epidemiology from University of Pittsburgh in 2004. He also received his MBA [Masters in Business Administration] degree from Carnegie Mellon University in 2008. Dr. Omalu holds four board certifications in Anatomic Pathology, Clinical Pathology, Forensic Pathology and Neuropathology. Dr. Omalu is also board certified in Medical Management and is a Certified Physician Executive [CPE].
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Wow! A lot has happened in the past week as we’ve been preparing for our upcoming Conference! We’re edging closer to the vote on AB 1309 in California which will disqualify most professional athletes from Workers Compensation claims in the state. (Click HERE to read the actual bill that’s coming up for a vote as early as next week.)
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More news is coming out about Riddell’s prior knowledge about helmet safety and real their lack of protection from concussions. (Click HERE to read the latest piece from PBS Frontline.)
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And the behind-the-scenes story is also now emerging about the fight for Junior Seau’s brain after he committed suicide. (Click HERE to read that article also on PBS Frontline.)
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Then we have the NFL Alumni pushing a wide press release about a new miracle drug that will not only be an antidepressant but also possibly heal your brain with new stem cells. Only problem is that this drug is from a relatively new company that’s only beginning early-stage trials that only require a few participants and not the thousands that the Alumni (NFL) seems to be wanting to enlist for some strange reason. Retired players will need all the information they can get if they’re to make an informed decision on whether or not to participate in this – or any drug trial – as we continue to move forward with the concussion lawsuits.
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And the NFL Films lawsuit will now be moving into the notification stage to all players involved in the class. We’ll be having representatives from both sides of the Settlement Offer to present their arguments on Saturday so you can make an informed decision.
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We’ll be covering each of these new topics with experts from their fields at our IFV Conference. Watch for live posts and videos during the two days of discussions. And if you can make it down to Las Vegas, we can promise this will be the most informative two days that retired football players won’t want to miss.
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Watch this Blog for more details.
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EDITOR’S NOTE: This is the official press release issued on behalf of the original plaintiffs regarding the Dryer vs NFL Films Settlement “Offer” sanctioned by the court on Monday. For the record, as you will read in this public announcement,  NONE of these original plaintiffs were offered – nor will they accept – individual payments from this lawsuit. Nor are the original  attorneys, Bob Stein and Tom Ward! For these participants, it’s an all-for-one-and-one-for-all fight on behalf of ALL retired players and their rights. We’ll be discussing your rights and ALL your options and more at our upcoming 2013 IFV Conference in Las Vegas May 3 – 5. Book your flight and hotel reservations NOW before our special discount rates go away next week - then click HERE to lock in your registration for FREE admission to the most important Conference for retired players in years!
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MINNEAPOLIS, MN — April 9, 2013 — Despite objections made by six individual plaintiffs, on April 5 the Court in the Dryer v. NFL publicity rights case granted preliminary approval of the proposed settlement. Now, all members of the class will have the opportunity to express their opinion on the proposed settlement for the Court to consider before it gives the settlement final approval.
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First, to clear up any mis-impressions, the six individual plaintiffs who oppose this settlement — Fred Dryer, Elvin Bethea, Jim Marshall, Dan Pastorini, Joe Senser and Ed White — did not request direct payments for themselves. Instead, they opposed the settlement because it is unfair to the entire class and all class members — there is no assurance that even the neediest players will get one cent. The Dryer Plaintiffs will continue to oppose the settlement because they strongly believe it is unfair to the class of all retired players for many reasons, including:
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• Each class member gives up ALL claims for the NFL’s unauthorized past and unlimited future use of his identity to promote the NFL.
• There is no guarantee that any class member whose publicity rights will be lost will ever receive payment or benefit through the settlement. Instead, the settlement money goes to existing charities, not players. The proposed settlement does not even identify those charities.
• There is no procedure for any class member to submit a claim to receive direct benefits through the settlement and there is no assurance that class members will be able to submit requests to the charities receiving settlement funds.
• The settlement does not adequately fund the Licensing Agency or guarantee that it will be capable of generating any revenue. The Licensing Agency merely duplicates existing commercial licensing companies and has no access to NFL game footage.

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Well, by now many of you have already taken a look at Monday’s Court Order granting preliminary approval of the settlement offer in the Dryer vs NFL Films lawsuit. (You can read the filing by clicking HERE.)
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And here’s today’s plug for our upcoming Third Annual Independent Football Vets’ Conference May 3 – 5 in Las Vegas. You definitely won’t want to miss our Panel on your rights in general and the NFL Films lawsuit in particular. NO ONE – not the NFL, not the NFLPA, not your agent – has ever explained your rights to you in such detail! Participating on our Panel will be attorney Yakub Hazzard, Bob Stein, retired NFL player and the attorney who got the lawsuit started, along with Hall of Famers Elvin Bethea and Joe DeLameilleure and attorney Shawn Stuckey from Zelle Hoffman (who also played in the NFL).
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Yakub Hazzard is co-chair of the Entertainment and Media Litigation Practice at L.A.-based firm Robins, Kaplan, Miller & Ciresi L.L.P, specializing in music-related and intellectual property disputes. He represents songwriters, musicians, actors, managers, independent record and music publishing companies, apparel companies, and more. Robins, Kaplan recently joined with Bob Stein and Tom Ward to continue the fight for your rights.
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Some of the retired players participating in our discussion are lead plaintiffs in the original lawsuit and you will be hearing firsthand about their mistreatment and how the settlement negotiations got diverted by a group of attorneys who neither consulted with them nor informed them of any details during the entire process leading up to this current settlement “offer.” Now that the gag order is no longer in place, ALL retired players can now talk freely about the process and the offer, as well as get informed about your rights and all the options each of you can still exercise.
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If you don’t know what just happened in Monday’s Dryer vs NFL Films hearing and the subsequent approved settlement “offer,” you may want to read our other post that includes Judge Magnuson’s “disingenuous” comment about retired players - click HERE.
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With all the lawsuits piling up against the NFL right now, this is definitely one of the most important times that retired players have ever faced in their lifetime. We’ll be discussing these topics and more at our upcoming 2013 IFV Conference in Las Vegas May 3 – 5. Book your flight and hotel reservations NOW before our special discount rates go away next week - then click HERE to lock in your registration for FREE admission to the most important Conference for retired players in years!
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A few years ago, we could hear the cussing all the way from NFLPA Headquarters in Washington DC when someone explained the meaning of our Gene Marie Antoinette “Let ‘em eat cake” picture to Gene Upshaw. Well, after hearing Judge Magnuson’s comments about retired players objections to the proposed NFL Films settlement offer, we decided to post a new Marie Antoinette picture (you can see it at the bottom of this post). But first, a little background – here’s the article from the Boston Herald/Associated Press reporters who were covering the hearing in the courtroom yesterday:
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NFL retiree publicity rights settlement approved

Monday, April 8, 2013
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MINNEAPOLIS — The $50 million settlement between the NFL and a group of retired players over publicity rights was given preliminary approval Monday by a federal judge who likened some of the retirees to petulant children for complaining about the money now that it has been awarded.
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THIS JUST IN: An Order Granting Preliminary Approval in the  Dryer vs NFL Films suit has just been filed in the District Court of Minnesota. Note the new, l-o-n-g list of Plaintiffs in this filing. We now know that the original Plaintiffs were never consulted nor informed of discussions or negotiations. And worse still, many of the newly-listed Plaintiffs had also never even granted permission to have their names added to the Plaintiff’s list on this Preliminary Settlement! And THAT’S the difference between honest lawyers fighting for their clients in an open courtroom and dishonest lawyers looking to make a quick buck at the expense of their clients in backroom dealings. If you DON’T want to have this happen to your concussion lawsuit, you may want to consider changing law firms NOW!
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Now that the gag order has finally been lifted, this will definitely be an open discussion at our upcoming 2013 IFV Conference in Las Vegas May 3 – 5. Be sure to book your flights and hotel rooms now – Click HERE!
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Here’s a more detailed overview of the Discussion Panels we’re planning out for our upcoming IFV Conference at the South Point Resort in Las Vegas May 3- 5. You really don’t want to miss this Conference – book your flight and hotel room today while the rates are still low and then register for your free admission passes by clicking HERE.
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FOOTBALL: THE LONG-TERM IMPACT ON NFL FAMILIES
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Our Football Family Panel will include retired players and their families in an open discussion on how football has affected your lives off the field. All too many players and their families have gone through divorces and financial difficulties after their football careers ended and only now are we beginning to realize the impact that concussion issues may have played.
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EDITOR’S NOTE: This is the press announcement as released on behalf of the original plaintiffs in the Dryer vs NFL (Films) lawsuit following last Friday’s hearing in Federal Court in Fort Myers FL. Please note that the NFL’s press release last week was intentionally misleading in their implication that the Settlement was already concluded and accepted. This litigation is far from over as some would have you believe. Certain attorneys had already been counting their upfront $8 million bribe – er, payout – from the NFL. We have been informed by a lot of retired players that they’ve already fired the firm(s) who were (mis)representing them in the NFL (Films) lawsuit. And for those of you who have also not already switched to a more ethical firm to represent your best interests in your concussion lawsuit, you may wish to consider changing firms so they don’t throw you under the bus for ten pieces of silver there as well.
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And now that the gag order is being officially lifted from the hearings, we will be opening a full dialog on this case and what it really means for all retired players as a group and not to any individual player in particular. This is going to be one of the important panel discussion topics at our upcoming Third Annual Independent Football Veterans Conference in Las Vegas May 3 – 5. Click HERE to read more and to sign up.
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“Original Dryer Plaintiffs” Oppose Proposed NFL Settlement in Retired Players’ Right of Publicity Lawsuit

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Here we go again. Another great take-it-or-leave-it settlement offer from the NFL. Let’s see now. The League has been selling all kinds of film footage of the players for years at incredible profit margins while never paying the retired players anything for the rights. Now that they’ve been busted, they want to settle the deal by offering a token amount that’s only going into funds that will cover things like long-term insurance which should have been provided to the older players as part of their retirement package in the first place. No money for retirees but lots for the owners. And then they want to make the cost of appeal and opting out of the class fall on the shoulders of all retired players. And the hearing is set  for arguments later this week after they just filed the Settlement proposal. Is that how you readers also see this 164-page deal? No one gets to read the deal until it gets put in front of the court for arguments and acceptance? Still looks like lipstick on a pig. And, of course, the lawyers get paid up front…
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We uploaded copies court documents (and the NFL’s press release) from Monday’s Dryer vs NFL/NFL Films filings to Scribd for easy viewing on our Blog and to make it available for downloading and printing. You can also click the Enlarge icon in the lower right corner of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close):
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We’ll start with the press release:
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And here’s why they think it’s a good idea:
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Short notice of a hearing this coming Friday:
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And they want this deal done like, um… yesterday. And here’s why:
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The Proposed Final Settlement offer:
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Apparently, Hausfeld LLP has formally filed to withdraw from representing SOME of the lead plaintiffs in a class but he still wants to stay directly involved by representing the other plaintiffs (can you actually do that?!!). Then the presiding judge issued a Scheduling Order that appoints Dan Gustafson of Gustafson Gluek PLLC as Lead Settlement Counsel to represent the “class” without a further hearing or discussion. So if there is a class of retired football players being acknowledged, then why is there a gag order? Does this mean that your case can be settled without your approval?
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We’ve just uploaded a copy of a new Notice of Withdrawal filed on Wednesday by Hausfeld LLP along with the Judge’s latest order to Scribd for easy viewing and to make it available for downloading and printing. You can also click the Enlarge icon in the lower right corner of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close):
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Hausfeld Notice of Withdrawal
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USDC Minnesota Dec 12 2012 Scheduling Order – Dryer vs NFL
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This Order from Judge Magnuson was just made available in court records late this morning on the NFL Films lawsuit.
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Order Denying NFLs Partial Summary Judgment Motion
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