UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
September 20, 2012
RONALD BROWN; CHARLES DETWILER; AND DWIGHT HICKS; ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, A VIRGINIA CORPORATION; AND NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED, D/B/A NFL PLAYERS, A VIRGINIA CORPORATION, DEFENDANTS.
The opinion of the court was delivered by: Hon. R. Gary Klausner
NOTE: CHANGES MADE BY THE COURT
[Stipulation Regarding Judgment Filed Concurrently]
Pursuant to the parties' stipulation filed on September 14, 2012, IT IS HEREBY ORDERED that:
(1) Judgment, as defined in Federal Rule of Civil Procedure 54(a), shall be entered in favor of Defendants; and Plaintiffs shall take nothing by way of their Complaint, their First and Second Claims for Relief for breach of fiduciary duty and an accounting shall be dismissed on the merits, and Defendants shall be considered the prevailing parties and be awarded costs pursuant to Federal Rule of Civil Procedure 54 and Local Rule 54;
(2) The parties shall preserve all rights to appeal issues raised in this action;
(3) If the Ninth Circuit affirms the Court's Order granting Defendants' Motion for Summary Judgment in Grant v. NFLPA, No. CV11-03118 RGK (FFMx), the Plaintiffs in this action, Brown v. NFLPA, No. CV11-01953 RGK (FFMx), shall not further pursue the claims for relief asserted in this action (the "Claims") or seek to overturn the Judgment entered in this case and expressly waive any right to pursue their Claims;
(4) In the event of a remand from the Ninth Circuit, Defendants shall be entitled to move for summary judgment pursuant to Federal Rule of Civil Procedure 56, TO THE EXTENT SUCH RELIEF IS NOT PRECLUDED BY OR INCONSISTENT WITH THE NINTH CIRCUIT'S REMAND ORDER; and
(5) This Court retains exclusive jurisdiction to enforce the terms of this Judgment.
IT IS SO ORDERED.
Hon. R. Gary Klausner United States District Judge
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