UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Retired NFL Players and Heirs of Deceased NFL Players
You Could Be Affected By A Class Action Settlement.
• A Settlement has been reached in a class action lawsuit that claims the National Football League (“NFL”) violated the rights of NFL players when it continued to make commercial use of game footage with their names, images, and likenesses after their retirement. The NFL denies that it did anything wrong. The Settlement includes all retired NFL players and people who control the publicity rights for players who are deceased (the “Settlement Class”) (see Question 6). Publicity Rights are the right to use elements of a person’s identity, such as his name and likeness (see Question 3). Under the Settlement, the NFL will pay $50 million that will be used to benefit retired NFL Players, to establish a Licensing Agency and for other purposes (see Question 9). If you are included in the Settlement and the Court approves it, you will be bound by the Settlement unless you exclude yourself (see Question 18). Your legal rights are affected even if you do nothing. Please read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT: OBJECT Write to the Court about why you do not like the Settlement. Ask to speak at the Court’s final approval hearing about your objections to the Settlement. DO NOTHING Remain a member of the Settlement Class, be eligible to receive benefits that result from the Settlement, and release your claims against the NFL and its licensees that they violated your publicity rights. This option allows you to retain your rights to make claims against the NFL and its licensees or file a lawsuit against the NFL regarding its use of a player’s identity. If you exclude yourself, you will not be eligible to receive benefits from the Settlement.

ASK TO BE EXCLUDED

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These rights and options – and the deadlines to exercise them – are explained in this Notice. The Court still has to decide whether to approve the Settlement. This Notice is only a summary of the Settlement Agreement and your rights. You are encouraged to carefully review the complete Settlement Agreement at www.NFLRetireePublicitySettlement.com.

 

 

BASIC INFORMATION ....................................................................................................................... PAGE 1 1. 2. 3. 4. 5. Why is this Notice being provided? What is this lawsuit about? What are Publicity Rights? What is a class action? Why is there a Settlement?

WHO IS IN THE SETTLEMENT......................................................................................................... PAGE 2 6. How do I know if I am part of the Settlement? 7. Are there exceptions to being included? 8. What if I am not sure whether I am included in the Settlement? THE SETTLEMENT BENEFITS ......................................................................................................... PAGE 2 9. What are the benefits of the Settlement? 10. What is the Common Good Fund and what will it provide? 11. What is the Licensing Agency and what will it do? 12. How do I withdraw my authorization to license my Publicity Rights? 13. How much will I get paid for my Publicity Rights? 14. How will the NFL support the Licensing Agency? REMAINING IN THE SETTLEMENT ................................................................................................ PAGE 6 15. What do I need to do to participate in the Settlement? 16. What am I giving up as part of the Settlement? EXCLUDING YOURSELF FROM THE SETTLEMENT .................................................................. PAGE 7 17. If I exclude myself, can I benefit from the Settlement? 18. If I do not exclude myself, can I sue later? 19. How do I get out of the Settlement? THE LAWYERS REPRESENTING YOU ............................................................................................ PAGE 7 20. Do I have a lawyer in the case? 21. Why is Plaintiffs’ Lead Settlement Counsel recommending the Settlement? 22. How will the lawyers be paid? OBJECTING TO THE SETTLEMENT ................................................................................................. PAGE 8 23. How do I tell the Court if I do not like the Settlement? 24. What is the difference between objecting to the Settlement and excluding myself? THE COURT’S FINAL APPROVAL HEARING ................................................................................. PAGE 9 25. When and where will the Court decide whether to approve the Settlement? 26. Do I have to come to the hearing? 27. May I speak at the hearing? GETTING MORE INFORMATION ..................................................................................................... PAGE 10 28. How do I get more information?

 

 

BASIC INFORMATION
1. Why is this Notice being provided? The Court authorized this Notice pursuant to an order (the “Preliminary Approval Order”) because you have a right to know about the proposed Settlement of this lawsuit and about all of your options before the Court decides whether to give final approval to the Settlement. This Notice summarizes the Settlement and explains your legal rights and options. Judge Paul A. Magnuson of the United States District Court for the District of Minnesota (the “Court”) is overseeing this case. The case is known as Dryer, et al. v. National Football League, Case No. 0:09-CV02182-PAM-AJB. The Settlement, if approved by the Court, resolves that case. The people who sued are called the “Plaintiffs.” The National Football League (“NFL”) is called the “Defendant.” The Settlement may affect your rights either as a retired NFL player or, for a deceased NFL player, as an heir, executor, administrator, beneficiary, successor or assign who owns or controls that player’s publicity rights (see Question 6). 2. What is this lawsuit about? The lawsuit claims that the NFL violated the publicity rights of retired NFL players when footage of games created during their playing careers continued to be used after their retirement. It claims that these uses, after an NFL player retires, are unlawful. The NFL denies the claims and allegations in the lawsuit. The NFL says that its consistent use, for over 50 years, of NFL game footage and other images of current and retired NFL players is lawful. The NFL claims that for at least 50 years NFL players have granted the NFL the right to use their Publicity Rights for the NFL’s publicity and advertising purposes, initially through the NFL Constitution and Bylaws and then in the NFL Standard Player Contract. The NFL denies that its use of retired NFL players’ names, likenesses, images and voices in NFL Films programming or otherwise is a violation of the retired players’ Publicity Rights. 3. What are Publicity Rights? Publicity Rights are the rights of an individual to control any commercial use of his/her name, image, or some other aspects of one's identity. In this case, which involves publicity rights of retired NFL players, it includes elements of his identity, such as his name, nickname, initials, likeness, image, picture, photograph, animation, persona, autograph/signature (including facsimiles of his autograph or signature), appearance, voice, personal or biographical information, or any other identifying or personal characteristic of the player. The Settlement calls these elements “Player Identity Elements.” 4. What is a class action? In a class action, one or more persons, the named plaintiffs, sue on behalf of others who have similar claims. All of these people together are the “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the settlement (see Question 18). 5. Why is there a Settlement? After several years of litigation between the Plaintiffs and the NFL, including review of more than half a million pages of paper and electronic documents produced by the NFL, and after extensive settlement

 

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negotiations, the Settling Plaintiffs and the NFL agreed to the Settlement. Since early 2012, Chief Magistrate Judge Arthur J. Boylan has actively supervised and participated in the settlement process. A settlement is an agreement between a plaintiff and a defendant to resolve a lawsuit. Settlements conclude litigation without the court or a jury ruling in favor of the plaintiff or the defendant. A settlement allows the parties to avoid the cost and risk of a trial. In the settlement of a class action lawsuit, the representatives for the class and their attorneys ask the court to approve the settlement as fair, reasonable and adequate. If the Court approves this Settlement, then the case will be over and the NFL will no longer be legally responsible to defend against the claims made in this lawsuit. The NFL denies any wrongdoing or liability, and denies that any Class Member is entitled to any money or other relief. The Court did not decide in favor of Plaintiffs or Defendant. The Court is not making any findings that any law was broken or that the NFL did what the Plaintiffs allege it did. The Settling Plaintiffs and the Defendant and their lawyers think that the Settlement is best for all Class Members.

WHO IS IN THE SETTLEMENT
You need to decide whether you are included in the Settlement. 6. How do I know if I am part of the Settlement? The Settlement includes:

Retired Players: All individuals who, as of April 8, 2013, have retired, formally or informally, from playing professional football with the NFL or any Member Club or were formerly on any roster of any Member Club and are no longer under contract to a Member Club and are not seeking active employment as an NFL Player with any Member Club. Deceased Players: The heirs, executors, administrators, beneficiaries, successors, and assigns who own or control the Publicity Rights for any deceased Retired Player.

Note: Current NFL players are not members of the Settlement Class. 7. Are there exceptions to being included? Yes. Anyone who timely requests to be excluded from the Settlement Class will not be included in the Settlement (see Question 17). 8. What if I am not sure whether I am included in the Settlement? If you are not sure whether you are in the Settlement Class, you may call the toll free number, 1-866-5908525 with questions or visit the Settlement website at www.NFLRetireePublicitySettlement.com. You may also write with questions to NFL Retired Player Publicity Rights Settlement, P.O. BOX 2899, Faribault, MN 55021-8699, or send an e-mail to admin@NFLRetireePublicitySettlement.com.

THE SETTLEMENT BENEFITS
If the Court approves the Settlement and it becomes final, the Settlement will provide the benefits described below to Class Members. 9. What are the benefits of the Settlement? The NFL has agreed to contribute $50 million toward the Settlement as described below.

 

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$42 million will be contributed to a Common Good Fund that will be used to benefit retired NFL Players (see Question 10). $8 million will be used for:

Establishment and initial operations of the Licensing Agency. The Licensing Agency will license the Publicity Rights of Class Members and will pay them if their rights are licensed (see Question 11). Notice and administration costs of the Settlement. Settling Plaintiffs’ attorneys’ fees and expenses and any service awards for Settling Plaintiffs (see Question 22).

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The amount the NFL contributes to the Common Good Fund may be reduced to the extent that the NFL incurs reasonable litigation expenses in defending, settling or paying judgments on claims brought by Class Members who have excluded themselves from the Settlement. The total amount of this reduction is capped at $13.5 million. More information about this deduction is in Section II.A.3 of the Settlement Agreement. 10. What is the Common Good Fund and what will it provide? Under the Settlement, the NFL will contribute $42 million (the “NFL Common Good Fund Contribution”) over a period of eight years to a charitable fund called the “Common Good Fund.” The Settlement requires Settling Plaintiffs to establish a not-for-profit charitable foundation called the “Common Good Entity” to administer the Common Good Fund to benefit retired NFL players. This Common Good Entity will be independent of the NFL and the National Football League Players Association (“NFLPA”) and will be governed by its own Board of Directors. The Settling Plaintiffs and the NFL proposed to the Court individuals to serve as initial directors of the Board and the Court preliminarily approved the following initial members of the Board: James Nathaniel Brown   Ronald Mix   David Robinson   Irvin Acie Cross   Darrell Thompson   Billy Joe Dupree   Jack Youngblood  

The Common Good Entity will distribute the NFL Common Good Fund Contribution for the benefit of Class Members who are retired players and other similarly situated individuals. The NFL Common Good Fund Contribution may be disbursed only to reputable third-party charitable organizations, not-for-profit institutions, or health and welfare organizations and those organizations may only use those funds for the following purposes: 1. 2. 3. 4. 5. 6. 7. 8. Medical research; Short term and long term housing facilities; Health and dental insurance coverage; Medical screenings and evaluations; Mental health programs; Wellness programs; Career transition programs, including employment training and support; Any medical costs incurred by a Retired Player and not covered under a health insurance policy, provided that any allocation for this type of expense is made under objective and uniform need-based criteria applicable to a group of such Retired Players; and

 

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9.

Other uses agreed to by the Board of the Common Good Entity, Plaintiffs’ Lead Settlement Counsel and the NFL.

The Common Good Fund will be disbursed only to supplement the programs and benefits already provided to retired NFL players through the Collective Bargaining Agreement between the NFL and the NFLPA or other supplemental programs that are established by the NFL, the NFLPA or third parties. More information about the Common Good Entity can be found in Section IV.F of the Settlement Agreement available at the Settlement website at www.NFLRetireePublicitySettlement.com. 11. What is the Licensing Agency and what will it do? If the Settlement is approved by the Court and becomes final, it will require Settling Plaintiffs to establish a Licensing Agency for the purpose of licensing Class Members’ Publicity Rights. The Licensing Agency will distribute revenues from such licenses to Class Members. It will be governed by its own Board of Directors. The Settling Plaintiffs and the NFL proposed to the Court individuals to serve as initial directors of the Board and the Court preliminarily approved the following initial members of the Board: James Nathaniel Brown   Ronald Mix   David Robinson   Irvin Acie Cross   Darrell Thompson   Billy Joe Dupree   Jack Youngblood  

If you do not exclude yourself from the Settlement, you are automatically authorizing and granting the Licensing Agency the right to license your “Group Publicity Rights” on a non-exclusive basis. “Group Publicity Rights” means the combined use of a single licensee of the Player Identity Elements of:

• •

Either a group of at least six Class Members, where the use also involves NFL game footage, or At least 50 Class Members, where the use also involves intellectual property rights of the NFL, such as trademarks and copyrights, other than NFL game footage.

The Licensing Agency will not license Publicity Rights for uses that unduly focus on, feature or highlight a retired NFL player in a manner that leads the reasonable consumer to believe that he is a spokesperson for, or promoter of, a brand, product, or service of a third party (i.e., an entity not affiliated with the NFL) unless a Class Member expressly authorizes it to do so. Because the authorization to the Licensing Agency is non-exclusive, you are free to authorize any other individual or entity to use any of your Publicity Rights in any way. Note: You can withdraw the authorization to license your Player Identity Elements in connection with the licensing of Group Publicity Rights at any time (see Question 12). A Class Member also may authorize the Licensing Agency to license some or all of his Publicity Rights other than Group Publicity Rights (“Individually Authorized Publicity Rights”). A Class Member may withdraw this authorization at any time. 12. How do I withdraw my authorization to license my Publicity Rights? Although the Licensing Agency will only be established and begin operating after the Settlement is approved, you may withdraw your authorization to license your Player Identity Elements (now or later) by submitting a request form available on the Settlement website at www.NFLRetireePublicitySettlement.com. Withdrawing your authorization from the Licensing Agency

 

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does not mean that you are excluding yourself from the Settlement. If, however, you exclude yourself from the Settlement (see Question 18), the Licensing Agency will not have any authority to license your Player Identity Elements. The Licensing Agency will establish procedures by which Class Members can withdraw or grant their authorizations to it with respect to both Group Publicity Rights and Individually Authorized Publicity Rights. 13. How much will I get paid for my Publicity Rights? The Licensing Agency will pay revenues received from licensing Group Publicity Rights. After deducting operating expenses (which are capped at 15% of revenues), revenues will be distributed as follows:

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75% to the Class Members whose Player Identity Elements are used. 25% to the Common Good Fund as contributions on behalf of such Class Members.

The Licensing Agency will determine how to distribute the revenues among the Class Members whose Player Identity Elements are licensed. For Individually Authorized Publicity Rights, the Licensing Agency will establish the amount of money to be paid to Class Members and to the Common Good Fund on behalf of Class Members. 14. How will the NFL support the Licensing Agency? Under the Settlement Agreement, the NFL will support the Licensing Agency in the following ways:

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Contributing to the expenses of establishing and initially operating the Licensing Agency during the first 24 months after the Settlement becomes final. Cooperating with the Licensing Agency when a potential licensee of Class Members’ Publicity Rights also requests a license from the NFL for intellectual property rights controlled by the NFL (see Section IV.C.3 of the Settlement Agreement). Providing assistance to the Licensing Agency to develop an initial database of Class Members. Assisting in the promotion and marketing of the Licensing Agency by: o o Providing at least $100,000 worth of media value for the Licensing Agency’s commercials; Causing the NFL’s licensee for the NFL Shop.com to develop a robust retired NFL players’ apparel section that will offer jerseys for at least 100 retired NFL players and will actively promote such apparel in conjunction with the NFL; Providing the Licensing Agency with access to the NFL Media Center at each Super Bowl to address the media and providing it with event space in the host city to host an event for its clients; Providing the Licensing Agency with footage of NFL games on a royalty-free basis for the purpose of advertising the Licensing Agency’s services; Providing the Licensing Agency with access to any annual NFL Sponsor Summit and any annual NFL Club Marketing meeting;

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Providing the Licensing Agency with access to event space in the host city for each Pro Bowl to host an event for its clients; Maintaining a link to the Licensing Agency’s website on NFL.com; and Undertaking such additional promotional support as the NFL and the Licensing Agency may agree.

REMAINING IN THE SETTLEMENT
15. What do I need to do to participate in the Settlement? You do not need to do anything to participate in the Settlement. If you do nothing, and you do not exclude yourself from the Settlement, the Settling Plaintiffs will represent your rights in the lawsuit and you will not be able to sue the NFL for the claims being resolved by this Settlement. In addition, you will be authorizing the Licensing Agency to use your Group Publicity Rights, as described above, although you may withdraw such authorization at any time (see Question 12). 16. What am I giving up as part of the Settlement? If the Settlement is approved by the Court and becomes final, Class Members who do nothing will be releasing claims against the NFL, Member Clubs, other affiliates of the NFL and any of their authorized licensees that relate to Publicity Rights. Class Members will also be promising not to sue them in the future for the uses of their Publicity Rights in any game footage, as summarized below.

Claims arising out of any use of Class Members’ Publicity Rights by the NFL, Member Clubs and other affiliates of the NFL, in any media or format, up to the date on which the Court finally approves the Settlement. All other claims relating to past or future uses of Class Members’ Publicity Rights by the NFL, Member Clubs, other affiliates of the NFL or any of their licensees that publicize, promote, market or advertise the NFL, any Member Clubs, the sport of NFL football, or any NFL football game. In addition, Class Members promise not to contest the rights of the NFL, Member Clubs and other affiliates of the NFL to use any game footage in any media or format or to produce, license, sell, market or distribute or perform any game footage, so long as their Publicity Rights are not being used in a manner that constitutes an endorsement of any brand, product, or service of a third party (i.e., an entity not affiliated with the NFL).

Note: The Settlement does not release any claims arising under NFL Player Contracts other than those involving Publicity Rights. The Settlement Agreement also does not release any other claims that a Class Member may have that are unrelated to Publicity Rights, such as claims for worker’s compensation, personal injury, pension benefits or contracts unrelated to NFL Player Contracts. Please read carefully Section III of the Settlement Agreement, which contains the complete text and details of the release and the promise not to sue. If you have any questions about the release of claims or the promise not to sue and what they mean, you can talk to Plaintiffs’ Lead Settlement Counsel, at the address listed in Question 23, for free or you can, at your own expense, talk to your own lawyer. None of the claims of Class Members who timely exclude themselves from the Settlement are being or will be released or in any way adversely affected by the Settlement. See “Excluding Yourself from the Settlement” below.

 

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EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want to participate in the Settlement and you want to retain the right to sue the NFL about the legal issues in this lawsuit, then you must take steps to remove yourself from the Settlement. You can do this by asking to be excluded – sometimes referred to as “opting out” of – the Settlement Class. 17. If I exclude myself, can I benefit from the Settlement? No. If you exclude yourself, you will not be eligible to receive any benefits under the Settlement and you cannot participate in the Licensing Agency. 18. If I do not exclude myself, can I sue later? No. Unless you exclude yourself from the Settlement, you give up the right to sue the NFL for all of the claims that this Settlement resolves. If you want to maintain your own lawsuit relating to the claims released by the Settlement, then you must exclude yourself from the Settlement by August 30, 2013. 19. How do I get out of the Settlement? To exclude yourself, you must send a letter stating that you want to be excluded from the Settlement in Dryer v. National Football League, Case No. 0:09-CV-02182-PAM-AJB. You should include the following information:

• • • •

Your full name, current address, and telephone number; Your e-mail address, if available; The years you (or the deceased NFL Player) played in the NFL or AFL and the name(s) of the Member Club(s) you (or the deceased NFL Player) played for; and Your signature (even if represented by an attorney) and the date on which you signed it.

It would be helpful to state your reason for excluding yourself from the Settlement but you are not required to do so. Your exclusion request must be postmarked by August 30, 2013 to: NFL Retired Players Publicity Rights Settlement Exclusion P.O. BOX 2899 Faribault, MN 55021-8699   You cannot ask to be excluded from the Settlement on the telephone, by email, or at the Settlement website. You must ask to be excluded in writing following the procedure described above.

THE LAWYERS REPRESENTING YOU
20. Do I have a lawyer in the case? Yes. The Court designated Daniel E. Gustafson, of Gustafson Gluek PLLC, as Plaintiffs’ Lead Settlement Counsel. You will not be charged for consulting with Mr. Gustafson about the Settlement. If you want to be represented by your own lawyer in this case, you may hire one at your own expense. If you hire your own attorney, your attorney must file an appearance no later than August 30, 2013, with the Clerk of the Court, and must send a copy, by first-class mail, to Plaintiffs’ Lead Settlement Counsel and Counsel for the NFL at the addresses in Question 23, postmarked no later than August 30, 2013. If

 

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you do not exclude yourself from the Settlement, you will continue to be a Class Member, even if your own attorney represents you. You will be responsible for any fees and costs charged by your own attorney. 21. Why is Plaintiffs’ Lead Settlement Counsel recommending the Settlement? Plaintiffs’ Lead Settlement Counsel agreed to this Settlement with the NFL after weighing the risks and benefits to the Settlement Class of the Settlement compared with those of continuing the litigation. The factors that Plaintiffs’ Lead Settlement Counsel considered included the substantial benefits to Class Members afforded by the Settlement, the potential benefits of a continuing relationship between retired NFL players and the NFL, the difficulties and delays inherent in complex litigation, the desirability of consummating the Settlement promptly in order to provide relief to Class Members, and the belief that the Settlement is fair, reasonable, and adequate and in the best interests of Class Members. 22. How will the lawyers be paid? Each firm that is counsel for Settling Plaintiffs and Plaintiffs’ Lead Settlement Counsel may apply to the Court for attorneys’ fees and expenses to be paid from the $8 million fund. Those applications must be submitted no later than May 30, 2013. Plaintiffs’ Lead Settlement Counsel will then review and audit each application for attorneys’ fees and reimbursement of expenses and, by June 30, 2013, make recommendations to the Court as to the amounts of attorneys’ fees and expenses each firm should receive. Any objection to the applications for attorneys’ fees, expenses or to the recommendations of Plaintiffs’ Lead Settlement Counsel must be served and filed with the Court on or before August 30, 2013. Additionally, Plaintiffs’ Lead Settlement Counsel may also file with the Court any requests for customary awards for the Settling Plaintiffs to compensate them for their service in this litigation. These requests must be filed with the Court by Plaintiffs’ Lead Settlement Counsel by June 30, 2013. Any objections to the requests for such awards shall be served and filed on or before August 30, 2013. In connection with the Final Approval Hearing, the Court will make awards of attorneys’ fees and expenses, as well as any awards to Settling Plaintiffs for their service in this litigation. The NFL will not be responsible for any cost that may be incurred by, on behalf of, or at the direction of the Class Members, their counsel, or Plaintiffs’ Lead Settlement Counsel in (a) responding to inquires about the Settlement, the Settlement Agreement, or the lawsuit; (b) defending the Settlement Agreement or the Settlement against any challenge to it; or (c) defending against any challenge to any order or judgment entered pursuant to the Settlement or the Settlement Agreement.

OBJECTING TO THE SETTLEMENT
You can tell the Court that you don’t agree with the Settlement or some part of it. 23. How do I tell the Court if I do not like the Settlement? If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not like some part of it. The Court will consider your views. To object to the Settlement, you or your attorney must submit your written objection to the Court. The objection should include the following:

The name of this lawsuit, Dryer, et al. v. National Football League, Case No. 0:09-CV-02182PAM-AJB;

 

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Your full name, the name of the NFL player (if not you), current address, telephone number and your email address, if available; A statement that you either were formerly on the roster of a Member Club and are now retired from the NFL or that you own or control the publicity rights of a retired NFL player who is deceased; The specific reasons for your objection and the facts underlying your objection; Any evidence and supporting papers (including, but not limited to, all briefs, written evidence, legal support, and declarations) that you want the Court to consider in support of your objection; A statement whether you intend to appear at the final approval hearing or not; Your signature (even if you are represented by an attorney); and The date of your signature.

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Your objection must be postmarked no later than August 30, 2013 and mailed to the following three addresses. COURT Court Clerk United States District Court for the District of Minnesota 300 South Fourth Street, 202 U.S. Courthouse Minneapolis, MN 55415 PLAINTIFFS’ LEAD SETTLEMENT COUNSEL Daniel E. Gustafson, Esq. Gustafson Gluek PLLC Canadian Pacific Plaza 120 South 6th Street, Suite 2600 Minneapolis, MN 55402 COUNSEL FOR THE NFL Daniel J. Connolly, Esq. Faegre Baker Daniels LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402

24. What is the difference between objecting to the Settlement and excluding myself? Objecting is telling the Court and the Settling Plaintiffs and the NFL that you do not like something about the Settlement. You can object only if you do not exclude yourself from the Settlement. If you exclude yourself, you are telling the Court you do not want to be part of the Settlement. If you exclude yourself from the Settlement, you cannot object to the Settlement and you will not be eligible for any of the benefits under the Settlement.

THE COURT’S FINAL APPROVAL HEARING
25. When and where will the Court decide whether to approve the Settlement? The Court will hold the Final Approval Hearing at 10:00 a.m. on September 19, 2013, in Courtroom 7D at the United States District Court for the District of Minnesota, located at the Warren E. Burger Federal Building & U.S. Courthouse, 316 N. Robert Street, St. Paul, MN. This hearing may be continued or rescheduled by the Court without further notice to the Settlement Class so it is a good idea to check www.NFLRetireePublicitySettlement.com or call 1-866-590-8525. At this hearing, the Court will determine whether the Settlement is fair, adequate, and reasonable and should be finally approved. If there are objections, the Court will consider them and may listen to people who have asked to speak at the hearing. The Court also will consider the applications by Settling Plaintiffs’ Counsel and Plaintiffs’ Lead Settlement Counsel for awards of attorneys’ fees and expense and any requests by Plaintiffs’ Lead Settlement Counsel for service awards for Settling Plaintiffs.

 

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26. Do I have to come to the hearing? No. Plaintiffs’ Lead Settlement Counsel will answer any questions the Court may have. You are welcome to attend the hearing at your own expense. If you have timely filed a written objection, you do not have to come to the Final Approval Hearing to talk to the Court about it. As long as you mailed your written objection so that it is postmarked by the deadline, the Court will consider it. Your own lawyer may attend the Final Approval Hearing at your expense, but attendance by your counsel is not necessary. 27. May I speak at the hearing? You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in Dryer v. National Football League, Case No. 0:09-CV-02182-PAM-AJB.” Be sure to include your name, current address, telephone number and your signature. Your Notice of Intention to Appear must be postmarked no later than August 30, 2013, and must be sent to the three addresses listed in Question 23.

GETTING MORE INFORMATION
28. How do I get more information? This Notice is a summary of the proposed Settlement. More details are in the Settlement Agreement. You may look at and copy the Settlement Agreement at any time during regular office hours at the Office of the Clerk of the Court located at the U.S. Courthouse, Minneapolis Building, 300 South Fourth Street, 202 U.S. Courthouse, Minneapolis, Minnesota, 55415. You also can view the Settlement Agreement and read a list of Frequently Asked Questions at www.NFLRetireePublicitySettlement.com. If you have any questions, you may admin@NFLRetireePublicitySettlement.com, or write to: call 1-866-590-8525, email

NFL Retired Players Publicity Rights Settlement P.O. BOX 2899 Faribault, MN 55021-8699 If you wish to communicate directly with Plaintiffs’ Lead Settlement Counsel, you may contact him at the address in Question 23, or by e-mail at dgustafson@gustafsongluek.com. You may also seek advice and guidance from your own attorney at your own expense. PLEASE DO NOT WRITE OR TELEPHONE THE COURT OR THE NFL FOR INFORMATION ABOUT THE SETTLEMENT OR THIS LAWSUIT.

 

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