1

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28










ANTITRUST PLAINTIFFS ALTERNATIVE
PROPOSED FORM OF INJ UNCTION
CASE NO. 4:09-CV-3329-CW

MICHAEL D. HAUSFELD (pro hac vice)
mhausfeld@hausfeldllp.com
HILARY K. SCHERRER (SBN 209451)
hscherrer@hausfeldllp.com
SATHYA S. GOSSELIN (SBN 269171)
sgosselin@hausfeldllp.com
SWATHI BOJ EDLA (pro hac vice)
sbojedla@hausfeldllp.com
HAUSFELD LLP
1700 K Street, NW, Suite 650
Washington, DC 20006
Telephone: (202) 540-7200
Facsimile: (202) 540-7201

MICHAEL P. LEHMANN (SBN 77152)
mlehmann@hausfeldllp.com
BRUCE J . WECKER (SBN 78530)
bwecker@hausfeldllp.com
HAUSFELD LLP
44 Montgomery Street, 34th Floor
San Francisco, CA 94104
Telephone: (415) 633-1908
Facsimile: (415) 358-4980

Plaintiffs Class Counsel















UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

EDWARD OBANNON, et al.,

Plaintiffs,

v.

NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION; COLLEGIATE
LICENSING COMPANY; and
ELECTRONIC ARTS INC.,

Defendants.

Case No. 4:09-cv-3329 CW
PLAINTIFFS ALTERNATIVE PROPOSED
FORM OF INJ UNCTION

J udge: The Honorable Claudia Wilken
Courtroom: 2, 4th Floor
Trial: Ongoing


Case4:09-cv-03329-CW Document252 Filed06/27/14 Page1 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28










ANTITRUST PLAINTIFFS ALTERNATIVE
PROPOSED FORM OF INJ UNCTION
1 CASE NO. 4:09-CV-3329-CW

On J une 6, 2014, Plaintiffs submitted a proposed form of injunction at the direction of the
Court, without prejudice to further modification at trial. (Dkt. No. 193.) Attached as Exhibit A is
Plaintiffs Alternative [Proposed] Order Granting Injunctive Relief for the Courts consideration
as a complement to Plaintiffs earlier submission.

Dated: J une 27, 2014 Respectfully submitted,
By: /s/ Sathya Gosselin
Michael D. Hausfeld (pro hac vice)
Hilary K. Scherrer (Cal. Bar No. 209451)
Sathya S. Gosselin (Cal. Bar. No. 269171)
Swathi Bojedla (pro hac vice)
HAUSFELD LLP
1700 K Street, NW, Suite 650
Washington, DC 20006
Telephone: (202) 540-7200
Facsimile: (202) 540-7201
E-mail: mhausfeld@hausfeldllp.com
hscherrer@hausfeldllp.com
sgosselin@hausfeldllp.com
sbojedla@hausfeldllp.com

Michael P. Lehmann (Cal. Bar No. 77152)
Bruce J . Wecker (Cal. Bar No. 78530)
HAUSFELD LLP
44 Montgomery St., 34th Floor
San Francisco, CA 94104
Telephone: (415) 633-1908
Facsimile: (415) 358-4980
E-mail: mlehmann@hausfeldllp.com
bwecker@hausfeldllp.com

Plaintiffs Class Counsel
Case4:09-cv-03329-CW Document252 Filed06/27/14 Page2 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28










ANTITRUST PLAINTIFFS ALTERNATIVE
PROPOSED FORM OF INJ UNCTION
2 CASE NO. 4:09-CV-3329-CW

CERTIFICATE OF SERVICE

I hereby certify that on J une 27, 2014, I served the foregoing document on counsel by
filing it via the Courts CM/ECF system, which will send an email notice to all registered parties.

/s/ Sathya Gosselin
Sathya S. Gosselin



Case4:09-cv-03329-CW Document252 Filed06/27/14 Page3 of 3


EXHIBIT A
Case4:09-cv-03329-CW Document252-1 Filed06/27/14 Page1 of 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28









































ALTERNATIVE [PROPOSED] ORDER GRANTING
INJ UNCTIVE RELIEF

CASE NO. 4:09-CV-3329-CW















UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION


EDWARD OBANNON, et al.,

Plaintiffs,

v.

NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION; COLLEGIATE
LICENSING COMPANY; and
ELECTRONIC ARTS INC.,

Defendants.

Case No. 4:09-cv-3329-CW


ALTERNATIVE [PROPOSED] ORDER
GRANTING INJUNCTIVE RELIEF





Case4:09-cv-03329-CW Document252-1 Filed06/27/14 Page2 of 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28









































ALTERNATIVE [PROPOSED] ORDER GRANTING
INJ UNCTIVE RELIEF

CASE NO. 4:09-CV-3329-CW

The Court, having duly considered the evidence presented at the bench trial in this matter
and consistent with its findings of fact and conclusions of law, hereby orders as follows:
1. Defendant National Collegiate Athletic Association (NCAA), its respective
officers, member schools, conferences, agents, servants, employees, licensees, and all persons in
active concert or participation with it, or any of them who receives actual notice of this judgment
by personal service or otherwise, be, and are hereby, permanently restrained and enjoined from
agreeing to:
a. Prohibit prospective, current, or former Division I mens basketball and
Football Bowl Subdivision (FBS) football players from negotiating or
entering into a group license with any NCAA member school; conference;
telecaster; digital or radio broadcaster; filmmaker; or video game
manufacturer providing payment for the licensing or use of their names,
images, or likenesses (NILs);
b. Prohibit deferred compensation for the licensing or use of prospective,
current, or former Division I mens basketball and FBS football players NILs
through a trust fund payable upon expiration of athletic eligibility or
graduation, whichever comes first;
c. Prohibit the inclusion of compensation for the licensing or use of prospective,
current, or former Division I mens basketball and FBS football players NIL
in the award of an athletic scholarship, up to the full cost of attending the
respective NCAA member school, as defined in 42 U.S.C. 1087ll and
calculated by each schools financial aid office applying the same standards,
policies, and procedures for all students;
d. Prohibit the inclusion of compensation for the licensing or use of prospective,
current, or former Division I mens basketball and FBS football players NIL
in the award of an athletic scholarship as well as other bona fide education-
related expenses;
Case4:09-cv-03329-CW Document252-1 Filed06/27/14 Page3 of 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28









































ALTERNATIVE [PROPOSED] ORDER GRANTING
INJ UNCTIVE RELIEF

CASE NO. 4:09-CV-3329-CW

e. Prohibit a prospective, current, or former Division I mens basketball and FBS
football player from receiving compensation for third-party endorsements that
utilize his NIL (the Olympic model), subject to the approval of the
respective NCAA member school;
f. Prohibit member schools and conferences from awarding four-year athletic
scholarships in (partial) exchange for the licensing or use of a prospective,
current, or former Division I mens basketball or FBS football players NIL;
g. Prohibit member schools and conferences from awarding guaranteed athletic
scholarships, resumable even after the conclusion of any professional athletic
career or interim period, in (partial) exchange for the licensing or use of a
prospective, current, or former Division I mens basketball or FBS football
players NIL;
h. Prohibit member schools and conferences from awarding medical insurance
and related medical expenses in (partial) exchange for the licensing or use of a
prospective, current, or former Division I mens basketball or FBS football
players NIL;
i. Prohibit member schools and conferences from providing expenses for receipt
of awards, complimentary admissions to awards ceremonies, postseason travel
for friends and family, expenses incidental to practice (e.g., parking), and
other expenses in conjunction with practice and competition in (partial)
exchange for the licensing or use of a prospective, current, or former Division
I mens basketball or FBS football players NIL;
j. Prohibit member schools and conferences from providing expenses for family
travel associated with recruiting in (partial) exchange for the licensing or use
of a prospective, current, or former Division I mens basketball or FBS
football players NIL; or
k. Define pay for purposes of the NCAA Division I Manual (including as it
currently appears in the 2013-2014 NCAA Division I Manual, Bylaw 12.02.7)
Case4:09-cv-03329-CW Document252-1 Filed06/27/14 Page4 of 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28









































ALTERNATIVE [PROPOSED] ORDER GRANTING
INJ UNCTIVE RELIEF

CASE NO. 4:09-CV-3329-CW

to include compensation for the licensing or use of a prospective, current, or
former Division I mens basketball or FBS football players NIL.
2. The NCAA, its respective officers, member schools, conferences, agents,
servants, employees, licensees, and all persons in active concert or participation with it, or any of
them who receives actual notice of this judgment by personal service or otherwise, be, and are
hereby, permanently restrained and enjoined from licensing or using the NILs of prospective,
current, or former Division I mens basketball and FBS football players without their prior
written consent.
3. Any party may seek modification of this Order, at any time, by written motion
and for good cause based on changed circumstances or otherwise.
4. This Court shall retain jurisdiction to enforce this Order. In the event that any part
of this Order is violated by the parties named herein or other persons, Plaintiffs may, by motion
with notice to the attorneys for the Defendants, apply for sanctions or other relief that may be
appropriate.
IT IS SO ORDERED.

Dated:____________ _______________________________________
The Honorable Claudia Wilken
United States Chief District J udge
Case4:09-cv-03329-CW Document252-1 Filed06/27/14 Page5 of 5