On Thursday, July 29th, the Circuit Court in San Francisco under Judge Alsup issued a decision on how to distribute the remaining funds that are still owed to the 2,062 retired players who were part of the Players Inc. GLA lawsuit. The first checks had gone out earlier this year and the second checks were scheduled to be sent out by the end of July but it was pointed out that there were still around 200 players who have not been located from the original list. The earlier plan was to pro-rate the remaining funds and simply add the money to the second checks. However, an extension was added in February to give some of the missing players more time to get their names and contact information in to the people administering the fund. 25 – 30 more players did manage to sign up to receive their first checks and there were still 200+ players who still haven’t signed in at this time.
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Here’s the recent submission as officially filed with Judge Alsup by Plaintiff’s co-counsel, Manatt Phelps & Phillips. A date of August 12th is proposed as the cut-off date for finding the missing 200 players. Hopefully, checks should be going out some time soon after that.(Click on the thumbnails to enlarge for reading.)
Those second GLA Players Inc. settlement checks have been near the top of everyone’s question list and we’ve been getting a lot of e-mails and calls about the latest news.
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We just talked to the fund administrator Garden City Group here in Seattle and they’ve informed us that Judge Alsup had some questions regarding the final distribution. There are still quite a few players who were listed in the original suit and can’t be located. Garden City Group has taken great efforts to contact most of them and most of their letters have been returned UNDELIVERABLE or NO FORWARDING ADDRESS. If each retired player could make it a point to contact at least 5 of your friends and then have them contact their friends to check the list to see if they’re included but haven’t received any checks yet, perhaps we can reach more of the players who haven’t been located yet.
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It’s an interesting position for the NFLPA as they’re supposed to be representing retired and active players but at the same time, they were the losing defendant in this case after withholding royalty payments to the retired players for using their likeness in video games and other products. The NFLPA is also supposed to have a large database of current contact information for many of the retired players and magically once every year, they manage to contact each of you to ask for your $100 membership renewal fee to the NFLPA. And the original list of plaintiffs for the trial – which can’t be all that old – was compiled just a couple of years ago from players who actually signed on to the lawsuit. The question now stands: How did the original list of 2,000+ names get compiled and how were those players contacted to sign up for the lawsuit in the first place?
We’ll start this post off with an inquiry that just came in today:
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I am sending this email in regards to the class action lawsuit. My name was on the list which was posted: Leroy Jones – I played with the Chargers from 1976 – 1984. I never received any information concerning the distribution of the funds as to when and how it will occur.
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Can you give me any information concerning this subject? Since I heard about the lawsuit settlement in the news I have had Prostate cancer and open heart surgery. Never heard any more about the lawsuit and distribution of the funds. If you cannot help me, do you have a point of contact I can call or email?
We keep thinking about that old saying, “The more things change, the more they remain the same.” Or how about “Different day, same old $@&!”?
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We have several recent news stories that seem to revolve around the same theme: Most football players are consistently and systematically screwed from cradle-to-grave. There really isn’t a gentle way to talk about it. It becomes clearer by the day and if it doesn’t make your blood boil, we don’t know what will. When that recent CBS Sports story came out on Conrad Dobler’s blunt interview about Saints’ quarterback Drew Brees, the typical comments from uninformed fans made their way online about those old retired players whining again about their plight. If retired players truly want to advance their cause, one of our goals has to include the re-education of generations of fans who still have a misconception of retired football players living the high life after they leave the game. If we need to do it one fan at a time, so be it.
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The underlying theme that keeps surfacing in these recent stories simply reinforces something that we’ve been trying to point out to players and fans alike: EVERYONE involved in the football industry gets paid at every step of the way. Except the players themselves. Think of it this way: Do high school players get paid for playing? Nope? Do college players get paid? Nope. In fact, everyone else in college makes money from football except the players. The revenue from licensed merchandise is a megamillion dollar enterprise. Colleges get huge donations and public funding for those 50,000+ seat stadiums . They pay good coaches millions in salaries and bonuses (while most academic professors are lucky to pull down a low 6-figure salary). Heaven forbid that a college player receives a gift or money because he’ll probably get banned for life! And before you go on the usual rant we hear about “Oh but they get a college education on a scholarship” argument, the reality is that the majority of these guys wouldn’t be in college if they weren’t good at football (of course, there are always exceptions of players who actually went on to use what they learned in college). If they finally survive the injuries of college football and actually make it into the professional leagues, agents are right there with their hands in the players’ pockets to “help” them negotiate that contract with a professional team – for 3 – 5% of their contract, of course. Then most players retire with injuries from their generally short careers on the field, only to find that the disability fund that was supposed to be available to take care of them is virtually inaccessible but to a select few players because of a Byzantine – and some say illegal – (dis)qualification process set up to deny claims. Like we said: Almost everyone makes money from football.
Dear Retired/Former Players, Active Players, and Fans:
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Recently, over 2,000 of you retired players received checks from the litigation Bernie Parrish brought about for you against the NFL Players Association and Players Inc. In an unusual introduction to his ruling Judge William H. Alsup, the federal judge in the case, expressed his opinion in his order that the attorneys – led by Ron Katz – for the players did not do a good job. In spite of our attorney’s poor performance, the court approved the jury’s finding in our favor for $28.1 million. Subsequently, Katz approved a dubious settlement of $26.25 million to a select group who had signed GLAs over the past four years that the Players Inc. attorneys chose to produce. Others of you signed GLA’s but did not keep photocopies as proof while even more of you were never even given the opportunity to sign a GLA. The fact is the Judge indicated that there should have been a much higher award for the plaintiffs, the 2062 GLA signers produced by the NFLPA attorney’s Richard Berthelsen and Jeffery Kessler. Walt Roberts and Bernie are both disappointed with the award in Bernard Parrish et al v. National Football League Players, Inc. et al – Case No. 07-0943 WHA.
… As Judge Alsup indicated, the award should have been for millions of dollars more and we know there are at least 1000 of you who signed GLA’s, who are in Players Inc. records, who should have been included by the NFLPA attorneys in the lawsuit, under penalty of perjury.
This past Friday, Dave received the first of his two Players Inc. GLA Settlement checks. And we’re now starting to hear from a few other players like Irv Cross and Council Rudolph who have also received their checks over the weekend. Looks like they’re trying to send the checks out as the paperwork comes in.
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(Click thumbnails to enlarge for reading – it’s REAL!)
Over the past 24 hours, we’ve certainly had a lot of discussions around the old adage “Not seeing the forest for the trees.” In the old way of controlling their spin on all stories about football, the NFL managed to keep all of the television networks and most of the major print media on very short leashes because of their broadcast rights and access to players and managers for interviews. And then the Internet came along. Despite claims of a few who proudly proclaim they invented the Internet and Facebook, this new medium has not only moved the retired football players battle to a new and level playing field; it’s in a different league altogether. Just as the past two weeks have completely caught Tiger Woods and his team of old-school PR flacks like deer in the headlights, the NFLPA and the NFL and their old media machines have been hard-pressed to catch up with a new medium that they can no longer control. The Internet doesn’t belong to anyone and it belongs to everyone.
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As so many of you already know, Bernie Parrish was the original plaintiff in the NFLPA/Players Inc. lawsuit – always was and always will be. And we’ll continue to refer to that case as Parrish vs. Players Inc. I guess some people feel that if you keep trying to spin it another way often enough, people will forget – just like the NFL and the NFLPA. But we did notice that even as contentious as it got throughout the trial, both Jeffrey Kessler and Richard Berthelsen were generally professional and respectful enough to refer to the case as Parrish vs. NFLPA/Players Inc. in their filings. But things deteriorated rapidly between Bernie and his hired attorney, Ron Katz. As a result, you will notice the filings that came out of Katz’s office after a certain point were generally filed as Herbert Adderley vs. NFLPA/Players Inc. Some people have been fed a hook, line and sinker to diminish Bernie Parrish and his years of independent work for all retired players.
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On a quick side note for those of you who were on that final GLA Settlement list, we’re going to emphasize here once again: Watch your mail for the paperwork from Garden City Group over the next week. Some of the guys have already reported receiving their information already. If you don’t receive it by the end of December, be sure to call them at (866) 697-5552 and leave them a message. The folks at Garden City Group will get back to you quickly. It’s possible they might have an old or wrong address for you. Then be sure to send the completed form back to them as quickly as you can (it has to be postmarked no later than Feb. 9, 2009 to qualify). Then put it in an envelope and mail it to this address (by USPS Certified Mail with confirmation so you know they got it):
The Parrish vs. Players Inc. lawsuit presented an interesting conundrum for the NFLPA under Gene Upshaw; here they were, being sued by their own membership for not paying them royalties due after years of revenues generated from video games and trading cards and other licensed items. Yet they couldn’t allow themselves to notify their retired members that they were part of a class action against… them?!! Keep in mind that this was Upshaw’s NFLPA. It didn’t take long for new Executive Director DeMaurice Smith to quickly void Berthelsen and Kessler’s tired old arguments for another appeal and move the process to the settlement that’s close to being distributed today. Do we have to remind anyone that if Gene Upshaw was still around, retired players would still be looking at another 3 – 5 years of appeals with no end in sight? (Actually, it appears that Yes – We DO Have to Remind Some People.) And all this happened within the first few months of change in the front office.
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Let’s just say it one more time for the people at the back of the room: You know Gene Upshaw would have spent millions more of YOUR money fighting YOU over YOUR money for however long it took to beat you down.
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And yet some people are still trying to point out what Gene Upshaw’s NFLPA DIDN’T do… He’s gone! Elvis has left the building! Get over it.
After months of after-trial wrangling behind the scenes and a scathing letter from Judge Alsup, it looks like we’re now at the final stages of seeing those checks in the mail. But unfortunately not until late February 2010. We just got off the phone with the folks over at Garden City Group in Seattle and they’ve informed us that everyone who was listed in the GLA List should be receiving a letter in the next week or so with details on finalizing your claim (click HERE to go to an earlier post to confirm if your name is on that list and to read Judge Alsup’s final remarks). You’ll need to provide them basic information such as confirming your contact information, as well as providing taxpayer information (Social Security Number etc.). As an added precaution, you might consider mailing your paperwork via USPS Certified Mail with a return receipt so you know they received your paperwork on time. And making a photocopy of the paperwork for your files might not be a bad idea either.
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NOTE: This paperwork must be postmarked no later than FEBRUARY 9, 2010 to ensure that you get your first check. If you don’t receive your paperwork in the next week or two, be sure to contact them as soon as possible at (866) 697-5552 and leave a message with your number – they will get back to you quickly. You can also go to Garden City Group’s website (click HERE) to read updated information as it comes up. The second check is scheduled to go out some time in July 2010.
This is the 4-page final settlement agreement that was signed by Judge William Alsup in San Francisco on Nov. 23, 2009.
(The crew over at DocStoc have added some great new features: Click on the FULL SCREEN button to enlarge it for easier navigation – hit the ESC key to close. You can also click the DOWNLOAD button to save a PDF copy for printing and reading. There’s also a Menu button in the upper left corner with even more options.) .
… And here’s the 12-page Summary from Judge Alsup covering Attorneys’ Fees, costs and compensation for the class representative. Everything Bernie Parrish has pointed out is covered in this document …and more. (Ouch!)
President Harry Truman had a sign on his desk that read “The Buck Stops Here.” I always liked him when I was a kid because he was a plain and simple, straight-forward guy who was willing to take full responsibility for solving problems.
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With Apologies to President Harry Truman
The NFL Owners should have signs on their desks that read The Buck STARTS Here because all of the monies generated by the Game start with them and flow through them. The advertisers pay them first and directly, as do the television industry and anyone else who uses the Game to promote their products and/or services.
On November 23, 2009, in San Francisco, California, Federal District Court Judge William Alsup rendered a blistering set of three orders approving the settlement agreement in Parrish & Adderley vs. NFLPA Players Inc. However, in rendering the orders, Judge Alsup said of the award of attorneys’ fees, “When combined with the expense reimbursement below, counsel is receiving approximately 25 percent of the value of the settlement. This figure adequately compensates counsel for the work performed in this action. A reasonable fee in light of the ultimate recovery obtained for the class, and is reasonable in light of the missed opportunity for an even higher recovery.”
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Judge Alsup criticized Manatt and McKool, both of which are now touting themselves as “sports attorneys,” for (1) Counsel’s “failure to lay the proper foundation for critical evidence”; and (2) “Counsel’s failure to present a plausible damages theory on plaintiff’s claim for breach of fiduciary duty.”
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In approving the class action, Judge Alsup received fifty-three letters from class members and non-class members. Only two of the letters praised the settlement reached by Manatt and McKool. The judge states that of the remaining letters, most did not make cogent arguments to the fairness of the settlement and “over half of these letters were ‘form letters’ drafted by a non-class member. Moreover, a majority of the objections were signed by non-class members, whose rights are unaffected by this action.”
Our sources tell us that Judge Alsup did indeed sign off on the final settlement agreement for the Parrish vs. NFLPA/Players Inc. lawsuit. Once the signed order makes its way into the system officially, we anticipate first checks should probably be going out in early December.
I would urge every retired football player to write Judge Alsup whether you are on the (thus far) confirmed Katz/Adderley Kessler/Berthelson list of 2062 or not; there is proof of over 3,000 but it’s up to Judge Alsup to demand it as part of perjured testimony.
Many of you know you signed GLA’s but are not included in Players Inc. records managed by Players Inc. employee, Kelly Skubick, who told interviewers she took care of licensing for “over 3,000” retired players in an article published on Oct 3, 2008. Katz refused to use this information which I supplied to him in time to be used in the trial. Kelly Skubick has very recently left her $50,000+ job at Players Inc., a job she told the interviewer that she loved. I now understand that her computer with the records of over 3,000 retired players who are covered by licensing agreements may have been damaged by the convenient fire in the NFLPA offices shortly after DeMaurice Smith took office replacing Upshaw. Katz has allowed Berthelson and Kessler to continue saying only 2,062 retired players had signed GLA’s when he knew that was not true and that the Players Inc. employee who handled servicing those GLA’s on a daily basis said there are over 3,000. That, Mr. Katz, is perjury on their part as I pointed out to you shortly after I gave you that information which certainly extends any time limit problems you claim to exist.
This issue is important since it reduces the damage award in this case by 33% whatever the true amount of the award should be. That is an increase of $9.3 million raising the incorrect $28.1 million to $37.4 million while 133% of $106.9 million raises the Rowley-calculated damages to over $140 million. Since the NFLPA’s Executive Committee calls $28.1 million “Chump Change,” they need a stronger message – like $140 million from Judge Alsup’s court.
PERHAPS THE BEST OPTION IS TO PRINT THIS OUT, SIGN IT AND MAIL IT TO JUDGE ALSUP. LET HIM KNOW WE ALL CARE, WE ARE MAD AS HELL AND WE AREN’T GOING TO TAKE IT ANY MORE!continue reading »
On Thursday, July 29th, the Circuit Court in San Francisco under Judge Alsup issued a decision on how to distribute the remaining funds that are still owed to the 2,062 retired players who were part of the Players Inc. GLA lawsuit. The first checks had gone out earlier this year and the second checks were scheduled to be sent out by the end of July but it was pointed out that there were still around 200 players who have not been located from the original list. The earlier plan was to pro-rate the remaining funds and simply add the money to the second checks. However, an extension was added in February to give some of the missing players more time to get their names and contact information in to the people administering the fund. 25 – 30 more players did manage to sign up to receive their first checks and there were still 200+ players who still haven’t signed in at this time.
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This past Friday, Dave received the first of his two Players Inc. GLA Settlement checks.
Over the past 24 hours, we’ve certainly had a lot of discussions around the old adage “Not seeing the forest for the trees.” In the old way of controlling their spin on all stories about football, the NFL managed to keep all of the television networks and most of the major print media on very short leashes because of their broadcast rights and access to players and managers for interviews. And then the Internet came along. Despite claims of a few who proudly proclaim they invented the Internet and Facebook, this new medium has not only moved the retired football players battle to a new and level playing field; it’s in a different league altogether. Just as the past two weeks have completely caught Tiger Woods and his team of old-school PR flacks like deer in the headlights, the NFLPA and the NFL and their old media machines have been hard-pressed to catch up with a new medium that they can no longer control. The Internet doesn’t belong to anyone and it belongs to everyone.
Let’s just say it one more time for the people at the back of the room: You know Gene Upshaw would have spent millions more of YOUR money fighting YOU over YOUR money for however long it took to beat you down.
