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Section 5 Grievance Filed by JR Rickert v. Audie Attar

Section 5 Grievance Filed by JR Rickert v. Audie Attar

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Published by: Darren Adam Heitner on May 28, 2012
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Section 5 Grievance

Dispute Between Contract Advisor and Contract Advisor John W. Rickert 16 Brendan Lane Niskayuna, New York 12309 And Audie A. Attar 2203 Watermark Place Irvine, California 92612 Respondent Grievant

Matters Concerning: Tortious Interference Violation of Restrictive Covenant and Non-compete Agreement Failure to Comply with NFLPA Regulations Failure to Recognize the Jurisdiction and Authority of the NFLPA Served: Via Facsimile and Certified Mail

Action Required: Please serve a response upon me within 20 days of receipt with a copy to the NFLPA legal department.

BEFORE ARBITRATOR ROGER KAPLAN In the Matter of Arbitration Between: ) ) Motion for Arbitration Order and ) Request for Relief ) ) ) ) ) ) ) )

John W. Rickert Grievant; and Audie A. Attar Respondent

John W. Rickert, (“Rickert”), a registered and Certified Contract Advisor since 2003, hereby filed a Complaint and Demand for Relief from Respondent, Audie A. Attar, (“Attar”), also a Certified Contract Advisor. The Grievance was received by Attar and the NFLPA, on or about October 3, 2011. The Grievance was based upon the following facts: 1. On or about the months of February, March, and April of 2011, Attar interfered with the contractual relationship with Rickert and players: Matt Ware of the Arizona Cardinals, Aaron Berry of the Detroit Lions, and Roberto Wallace of the Miami Dolphins. As a result the 3 above mentioned players were provided an email address by Attar and enticed to terminate their Standard Representation Agreements with Rickert.

2. On or about the months of February 2011 to the present, Attar has attempted to encourage Chris Ogbannaya of the Cleveland Browns and Cam Morrah of the Seattle Seahawks to terminate their respective Standard Representation Agreements with Rickert as well. 3. At some point in the year 2011, Audie Attar signed Pierre Allen to a Standard Representation Agreement and went on to execute a contract on Allen’s behalf with the Seattle Seahawks. This is a clear violation of the restrictive covenant and agreement not to compete pursuant to the agreement executed with Rickert. 4. On or about September 30, 2011, Attar served Rickert with a notice of claim in United States District Court for a breach of contract between 2 certified contract advisors. The agreement clearly states that the NFLPA shall have original jurisdiction over any and all disputes regarding said agreement. Therefore, Attar has failed to recognize the jurisdiction and authority of the NFLPA, which is blatant violation for any certified contract advisor.

Section 5 Grievance Rickert vs. Attar May 16, 2012 Page 3

5. Attar received commissions from clients in 2009 and 2010 who he did not have a Standard Representation Agreement with, and he failed to report these commissions to Rickert.

PRAYER FOR RELIEF WHEREFORE, Grievant petitions and applies to the Arbitrator for: 1. Order which requires payment from Attar to Rickert for one-half of the commissions received for the duration of the careers of the 3 players that Attar improperly induced to terminate Rickert.

2. Order which requires payment from Attar to Rickert for one-half of any and all revenues earned by Pierre Allen. 3. A directive from the NFLPA to cease attempts at tortious interference with any and all clients of other contract advisors. 4. Compensatory Damages as seen as appropriate by this tribunal Attar’s damaging of Rickert’s professional reputation by inducing the said terminations and attempting 2 additional terminations. 5. Discipline and/or referral of Attar to CARD for significant violations of regulations that govern certified contract advisors. 6. Suspension and/or monetary fines for Attar’s willful and blatant disregard for the legitimate authority and jurisdiction of the NFLPA. 7. Any other damages this tribunal deems necessary and appropriate, including, but not limited to costs and attorney’s fees for pursuing this claim.

Section 5 Grievance Rickert vs. Attar May 16, 2012 Page 4

Respectfully Submitted, _____________________________________ John W. Rickert 16 Brendan Lane Niskayuna, New York 12309

Certificate of Service I hereby certify that a copy of the forgoing was served upon Audie A. Attar at his current legal address, 2203 Watermark Place, Irvine, California 92612, and by mail and electronic mail to Tom DePaso, Esq. Staff Counsel of the National Football League Players’ Association, this 3rd day of October, 2011. ________________________________________

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