3 stooges footballA new copy of Hausfeld’s “The Voice” went out yesterday with a copy of Judge Magnuson’s order from the week before. We posted that order in an earlier post - click HERE to read the Judge’s full order from Sept. 6th. And once again as expected, more misinformation. Their latest newsletter tries to take Jason Luckasevic, Jason Shipp, Bob Stein and Hagens Berman to task by only stating that Judge Magnuson had ordered those parties to “dismiss their lawsuits” (until this phase is resolved). Full Translation: While the judge was not pleased with the timing of the suits, the Culp vs NFL Films and Tatum vs NFL Films lawsuits will be voluntarily dismissed by their respective attorneys “Without Prejudice.” In other words, those suits are only withdrawn temporarily and can be re-filed again at a future date. They are NOT being thrown out permanently by the courts.
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While the conjecture and speculation about the NFL Concussion lawsuit is taking front stage to close this crazy week, Jason Luckasevic and Jason Shipp at Goldberg Persky & White still managed to file Opt Out forms for 564 retired players before the deadline on Friday. They filed those Opt Outs with the Minnesota court along with a full complaint requesting a jury trial in a district court in Pittsburgh. (We’re waiting for the hearing before Judge Brody on Tuesday, Sept. 3rd to get more factual details on the concussion litigation proposal that is still being discussed and negotiated so we can keep readers informed.)
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We’ve uploaded a copy of the full 114-page combined opt-out and complaint 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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Former NFL players sue league in Pittsburgh federal court

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Empty walletWe’re coming up fast on one of the most important dates in our careers as former football players. On August 30th, our right to Opt Out of the NFL Films Settlement Offer expires. We posted a countdown clock in the upper right sidebar of my blog just to remind all our readers that it’s looming. If you do not Opt Out, the NFL may well end up completely owning the rights to your name, your image and playing footage forever. Even though actors and musicians get paid for their work on the radio or on TV and sold as CDs or DVDs, the NFL is trying to re-write the rules by saying retired football players are the only people who can’t be paid for their vital role in a product that continues to make a lot of money every day. . Even worse, the court has just announced that the hearing which was supposed to take place in September has now been pushed forward until October 14th. But the deadline for Opting Out and Objecting won’t be extended past the August 30 deadline. .

YOU MUST OPT OUT NOW! ONLY ONE WEEK LEFT!

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Your Monday Chuckle

29 July 2013

This arrived in our Spam folders this morning:
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Mitchell Responsible
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To Hausfeld LLP et al:
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pigs_flyWell, if you’ve forgotten about our past posts and the subsequent veiled and not-so-veiled threats from you and your associates we’ve received this year over the Dryer vs NFL Films Settlement offer, it might be a good idea to go back and read them first. This is a blog. We voice OPINIONS. It’s an editorial right protected under the First Amendment. The ACLU will have a field day with you and the NFL if you’d like to take that topic up with them.
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In the meantime,”as responsible journalists,” we’ll certainly post your item on OUR blog as soon as you and your partner firms do the following:

  • Operate as ethical attorneys;
  • Represent your clients;
  • Provide full disclosure on backroom side deals with the NFL;
  • Provide full Opt-Out and Objection forms immediately to all members of the class;
  • Publicly disclose all Opt-Outs and Objections immediately instead of blocking them from view until just before the next hearing;
  • Stop client-shopping and represent and consult with the Original Plaintiffs in this lawsuit.

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Objections against the NFL Films Settlement offer have been arriving at the court in Minnesota. Here are a couple of recent examples.
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Jed WeaverFormer tight end and Super Bowl champion (New England Patriots 2004) Jed Weaver’s letter to the court objecting to NFL Films settlement:
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“The NFL has created billions of dollars in personal benefit by using players identity elements such as names, images, signatures and personal information. Players deserve to receive compensation every time these personal elements are used to promote the league, team, owners or coaches in any way just like musicians and actors are paid royalties every time their personal elements are used to benefit financially the party using their personal elements!”
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His letter also noted that he intends to appear at the final approval hearing September 19, even though he lives in Florida and the hearing will be held in Minnesota.
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And we found an earlier objection filed by Pete Banaszak (Oakland Raiders 1966 – 1978) which we’ve posted up to Scribd:
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One more reason to vote in our poll to let everyone know how you really feel about this deal – and be sure to send in your Opt Out form immediately BEFORE THE AUGUST 30, 2013 DEADLINE so you don’t forget later! Click HERE for the Opt Out form and instructions.
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[yop_poll id=”2″]
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So we just pointed out how the NFL is now cranking up full court press on their own network and website with Jim Brown promoting the NFL Films Settlement Offer along with its Common Good Fund. We’ve also already pointed out how the NFL has already provided their PR agency to Hausfeld LLP to handle their press announcements (click HERE). But have many of you also been checking out the “Official” Pro Football Retired Players Association website that was also promoted on the bottom of the screen on Jim Brown’s plug for the Settlement?
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Jim Brown NFL Channel May 31 2013
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And the PFRPA and website are being promoted in every newsletter and e-mail going out to everyone they can find:
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PFRPA Website

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Cheaties
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Is it just us or do these people at the NFL (and the NFLPA) always live by a completely different set of rules that only apply to them? We’ve had every dirty trick in the book thrown at us with all kinds of veiled threats and inferences of wrongdoing for expressing the opinions of the many. And in each instance, we’ve been backed up by those who know better. And we’re still here thanks to the broad support of the retired player community out there.

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Gregg B Surgery
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OK. Got your attention now? That guy with all the staples on the back of his head is… me. This picture was taken four years ago in 2009 after I finally came out of a 3-week coma. During that coma, I went in and out of consciousness but still remember nothing to this day. At one point, the doctors made a quick decision to operate which probably saved my life. Not many of my old football buddies know about this life-changing event in my life. But I’ve decided to tell everyone about it now for several reasons. Mostly, it’s because like some of the earlier posts have been saying, I’M MAD AS HELL AND I’M NOT GOING TO TAKE IT ANY MORE! And whether you want to believe it or not, everything that happens in life is connected in one way or another. I hope that by telling my own story, I can convince more of you retired players that the Dryer vs NFL (Films) Settlement offer is a really bad deal in more ways than one and that each of you needs to get off the couch and at the very least, vote against it here on Dave’s Blog. And then either Opt Out yourself or hire a decent attorney to fill out the paperwork for you. If you end up not doing anything and losing your rights, that might not be the only thing you’ll end up losing.
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Vote Now!

17 June 2013
Thumbs-down

So bad even a baby gets it!

Thanks to all of you for a great response to our NFL Films Poll so far! But we need everyone’s help to pass this along to all our old teammates wherever they are. We’re sure many of you may “not be located” by the mailing for your Options Instructions and that’s all the more reason we need to get this informal poll (and the information) out to as many retired players as possible. There’s a clear reason why retired players have always been kept in the dark and never allowed any kind of a vote on any issues or benefits that affect us. We need to send a clear message that the majority of retired players see this as the bad deal that it really is for all of us.
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VOTE HERE: .
[yop_poll id=”2″]
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We’re asking each person voting in this poll to provide their name for several reasons: While our poll already includes security measures that will disqualify duplicate votes from the same source, we’re sure that even with overwhelming votes, keeping every vote anonymous will be just one more excuse for some to question the integrity of our poll. So please add your name to your vote so the NFL and their lawyers can hear you loud and clear (NOTE: We’ll keep your name offline but it will be matched to your vote). And BTW – all visitors are blocked from voting twice.
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PLEASE NOTE: This is strictly a poll to get a general idea of retired players’ opinions and not an Opt Out or Objection form. To OPT OUT or FILE OBJECTIONS to the NFL Films Settlement Offer, please refer to the 12-page overview that was recently sent to members of the Class (click HERE to read the document and your options).
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Peanuts Not AgainDave,
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Here are my thoughts and decisions related to the Publicity Rights settlement proposal.
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I have decided to exclude myself from the proposed settlement for the following reasons:
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1. I detest the emotional extortion or guilt built into the settlement.
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2. What will I receive in exchange? More over-branded NFL charity? Still waiting for clarity on this issue.
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3. The math bothers me. Let’s see: $50 million minus $13 million for the NFL’s exclusion legal fees minus $7 million for attorneys’ fees minus fees to Jim Brown and others minus Board operating costs, minus each charities’ expense ratio of approximately 35% = Just peanuts for retired players.
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By now, many of you should have already received a copy of the Dryer vs NFL (Films) Settlement Order overview and options. For those of you who haven’t received it yet or who may not be on their mailing lists, we’ve uploaded a copy to Scribd for easy viewing on our Blog and to make it available for downloading and printing, especially to those of you who may not even be on their mailing list. 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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Basically you have three options:

  1. Do nothing and agree with this Settlement offer; you (and/or your family) will likely receive nothing and your rights will be assigned to the NFL at the end of this agreement;
  2. Object to this Settlement offer and file your objections with the Court;
  3. Disagree and completely Opt Out of this Settlement offer so you can pursue other legal options and not waive your rights with this agreement.

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NFL Films scroll

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bridge-for-saleWell, it’s been over a week since we were last threatened by Dan Gustafson’s office. And the paperwork citing your options has now gone out to all those retired players that can be located. At least that’s what one would hope. At this stage – considering everything we’ve seen from those who continue to promote the NFL Films Settlement Offer as the best thing retired players can possibly expect from the NFL – we now stand more committed than ever to openly declaring our opposition to this Settlement. And we stand against it for even more reasons than before. The actions and words of those who would want to silence any who would even express any opposition or opinions speaks volumes. And while they would question the statements of those who oppose their position, these same basic questions remain unanswered by Gustafson, Hausfeld or Zimmerman:
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  • Can you name one retired player who will actually be receiving a direct payment as a result of this “historic” agreement? And how much he can expect to receive?
  • Will each retired player be giving up his identity rights forever to the NFL under this Settlement? And what – if anything – is the NFL actually giving up or paying for your rights?
  • How is this new licensing agency going to be any different – and better – from what the NFL Alumni was supposed to do under George Martin when they actually had access to the NFL shield and logo AND $5 million to run a licensing agency?

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U.S. Coins and Paper MoneySo here we go again. We received a 6-page letter from Dan Gustafson of Gustafson Gluek PLLC with an additional 33-page attachment from the long-winded proposed Settlement Offer in the Dryer vs NFL Films lawsuit. Rather than attaching the selected portions that came with the letter, you can read the original 21-page Preliminary Court Approval - click HERE – and you can look up pages 82 – 93 of the Settlement Offer on an earlier post – click HERE.
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We’ve uploaded a copy of the letter from Gustafson 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):

Gustafson Gluek Letter to Dave Pear

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ADDITIONAL NOTE – ADDED MAY 29, 2013: We received a letter from attorney Dan Gustafson late yesterday and have made some editorial changes as marked in our post below along with important questions that continue to go unanswered. Read the new post with the letter from Gustafson Gluek by clicking HERE.
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Mad As HellEDITOR’S NOTE: At our recent Conference, we covered the Dryer vs NFL Films lawsuit and subsequent Settlement Offer from the NFL. Our first day had attorney Yakub Hazzard explaining some of the basics of your individual rights (click HERE for that video). Then on Saturday, we had Ron Mix putting up the case in favor of the proposed Settlement (click HERE) followed by attorney Michael Ciresi with a legal opinion against the deal (click HERE) and Fred Dryer as a retired player and original plaintiff on why he and his original team of plaintiffs are against the Settlement (click HERE). Insomuch as there was a gag order placed on all parties directly involved during the hearings in Minnesota Federal Court, we did our best to report on as much of the proceedings and behind-the-scenes maneuvering as possible.
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We need to remind everyone once again that when the Dryer vs NFL Films lawsuit was first filed in 2009, its original – and primary – goal was to provide fair payment to retired players for the NFL’s past, present and future use of their publicity rights, particularly in NFL Films productions. Here’s a simple outline based on what was discussed at the IFV Conference this year:
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PRESENT LAWSUIT STATUS
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On April 5, 2013 the Court issued an Order for Preliminary Approval of the proposed Settlement as advocated by the NFL and some new Plaintiffs and their attorneys. Immediately, the NFL PR machine promoted it publicly as a done deal. Far from it. The actual Order directs that a Notice of the proposal be sent in May to the entire class – that’s you and all past NFL players – for consideration. If the proposed Settlement receives Final Approval from the Court in September, each NFL player who does not opt out will be legally bound by its terms. But now the real battle begins.
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