Opinion
Case No. 09-cv-1967 CW (NC)
10-11-2011
IN RE NCAA STUDENT-ATHLETE NAME & LIKENESS LICENSING LITIGATION
ORDER VACATING HEARING
Re: Dkt. No. 350
Plaintiffs Ed O'Bannon, Harry Flournoy, Alex Gilbert, Sam Jacobson, Thad Jaracz, David Lattin, Patrick Maynor, Tyrone Prothro, Damien Rhodes, Eric Riley, Bob Tallent, and Danny Wimprine ("Antitrust Plaintiffs") bring this action against Defendants Electronic Arts Inc., the National Collegiate Athletic Association ("NCAA"), and Collegiate Licensing Company for allegedly restraining trade in violation of the Sherman Act § 1. The Antitrust Plaintiffs move to use in this action the deposition of former NCAA executive director Walter Byers, which was taken in 2007 in an unrelated action captioned White v. NCAA. The Antitrust Plaintiffs also seek to use in this action a book written by Byers titled Unsportsmanlike Conduct, which was used as an exhibit in Byers' 2007 deposition in White. Defendants oppose the motion.
Based on the papers submitted by the parties, the Court finds that the motion is appropriate for determination without oral argument. See Civil L.R. 7-1(b). Accordingly, the hearing scheduled for October 12, 2011 is vacated.
IT IS SO ORDERED.
NATHANAEL M. COUSINS
United States Magistrate Judge