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O'Bannon v. National Collegiate Athletic Association

United States District Court, N.D. California.

June 30, 2014

EDWARD O'BANNON, et al., Plaintiffs,
v.
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION; ELECTRONIC ARTS INC.; and COLLEGIATE LICENSING COMPANY, Defendants.

ORDER RESOLVING PLAINTIFFS' MOTION TO ADMIT EXHIBITS (Docket No. 240)

CLAUDIA WILKEN, District Judge.

On June 23, 2014, Plaintiffs moved to admit fifteen trial exhibits. Defendant National Collegiate Athletic Association (NCAA) objected to the admission of eleven of these exhibits. After considering the parties' submissions, the Court resolves Plaintiffs' motion to admit the exhibits as set forth below.

A. PX 2564

GRANTED. Dr. Rascher's amended chart may be admitted as a summary exhibit under Federal Rule of Evidence 1006. The NCAA's original objection to this exhibit is now moot in light of the fact that Plaintiffs have removed all references to universities that were not discussed in Dr. Rascher's expert reports.

B. PX 2282

DENIED. Plaintiffs move to admit the entire 2001 Knight Commission report as an admission of a party opponent because the report was signed by then-NCAA president Cedric Dempsey. The fact that Dempsey was one of the twenty-seven signatories to this report, however, does not suffice to convert every statement in the report into an admission of the NCAA. Plaintiffs have also failed to excerpt the relevant portions of the report. For these reasons and those stated in the May 30, 2014 order resolving the motions in limine, this exhibit may not be admitted in its entirety.

C. PX 2046

GRANTED. This exhibit contains two e-mails sent from university administrators to NCAA officials and other university administrators in 2008. These e-mails may be admitted for the limited purpose of showing their effect on any NCAA officials who received them. United States v. Payne , 944 F.2d 1458, 1472 (9th Cir. 1991). The e-mails may not, however, be admitted as statements of a party opponent because the senders are not agents or employees of the NCAA, even if they serve on NCAA committees. See United States v. Bonds , 608 F.3d 495, 504 (9th Cir. 2010) (recognizing that "statements are admissible under Rule 801(d)(2)(D)" if they were made by the party opponent's "employee or agent").

D. PX 280

GRANTED. This exhibit contains an e-mail exchange between two NCAA employees regarding statements made by certain university presidents. As with PX 2046, the e-mails contained in this exhibit may be admitted for the limited purpose of showing the effect of those statements on any of the NCAA officials who received them. Payne , 944 F.2d at 1472. The statements of university presidents recounted in the e-mails may not be admitted for their truth as admissions of party opponents nor as statements of co-conspirators made in furtherance of the alleged conspiracy.

E. PX 2598

GRANTED. The NCAA does not object to the admission of this exhibit.

F. PX 2603

GRANTED. The NCAA does not object to the admission ...


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