My response to lawyer’s email on proposed settlement of Dryer v NFL

Dear Alumni: 

I received the following email from Mr. Charles Zimmerman, one of the lawyers recommending settlement of the Dryer v NFL class action on April 2, 2013 – the day after April Fool’s day, so I have to assume he wasn’t just pulling my leg. 

From: Charles Zimmerman <Charles.Zimmerman@zimmreed.com>
To: jeffnixon <jeffnixon@aol.com>
Cc: Michael D. Hausfeld <mhausfeld@hausfeldllp.com>; Jim Mitchell <jmitchell@hausfeldllp.com>; Gordon Rudd <Gordon.Rudd@zimmreed.com>; Brian Gudmundson <Brian.Gudmundson@zimmreed.com>
Sent: Tue, Apr 2, 2013 9:55 pm
Subject: NFL re Right of Publicity Case

Jeff: 

After the class action NFL rights of publicity settlement was announced, you and I spoke by phone at some length, immediately after you called me requesting information and clarification. 

I think it is important that you state in your postings that you and I have communicated and exchanged information on this proposed class action settlement. 

Further, I ask that your review and post the attached letter from NFL Hall of Fame player and attorney Ron Mix regarding the merits of the proposed settlement. 

Thanks,

Bucky Zimmerman

_________________________________________________

Mr. Zimmerman asked me to tell former players that we have communicated and that I should post that information on my website, therefore I don’t think it is inappropriate for me to post his email and my response. Here it is: 

Dear Mr. Zimmerman: 

I found out about the settlement the same way most retired players did – I saw the press conference. At that time, I called to congratulate you and Mike Hausfeld. 

I spoke to both of you before I had an opportunity to read the proposed settlement, or the objections of the six (6) original plaintiffs. 

At the time I spoke with the two of you, I had no idea that the six original plaintiffs were opposed to the settlement. After I read the court documents on the settlement and the objections, I made a decision to support the six original plaintiffs. 

I hope there is still an opportunity to go back to the settlement table and negotiate a better deal with the NFL. The Judge will make a ruling on the objections and if he allows the settlement to go forward, I will file a formal objection. 

I read Ron Mix’s comments. He says he has nothing to personally gain from supporting the Settlement.

I assume that he and the other plaintiffs – that were added in 12th hour – will forego any “service awards” if a settlement is approved.

I also assume that if he and the other new plaintiffs are marketed by the new Licensing Agency and receive any compensation, they will donate 100% of their royalties back to the licensing agency.

I assume that none of the charitable organizations that the new plaintiffs are affiliated with, will benefit from the Common Good Fund.

I assume that none of them will receive any compensation as members of the Common Good Board of Directors and that all of them will remove themselves from consideration in becoming paid officers of either the Common Good Entity, or the new Licensing Agency. 

Maybe I shouldn’t make those assumptions, but until all of the new plaintiffs agree to forego the aforementioned – they can’t say they have nothing personal to gain. 

The new plaintiffs have a lot to gain and I have a strong feeling they will be held in higher esteem by the NFL than the guys that have been fighting this battle from the very beginning. That will pay dividends in numerous ways. 

Ron Mix and the other johnny-come-latelys that have been “following the case” were brought on as new plaintiffs for one reason – To give the illusion that a majority of class reps supported the settlement. 

That’s just my opinion, but I think that most former players will agree with me and a majority of class members will oppose the settlement. 

Go back to the table now – and make sure you leave with the ones that “brang you to the dance”. 

Jeff Nixon

_______________________________________________________

For the record, I have received no response from Mr. Zimmerman or the other attorneys that were copied in his email.

Your alumni brother,

Jeff Nixon

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About Jeff Nixon

Jeff was a first team consensus All-American from the University of Richmond in 1978. He is 7th in NCAA history with 23 career interceptions. Played for the Buffalo Bills 1979-1984. Led the team with 6 interceptions in Rookie Year. Holds Bills record for 4 takeaways in a single game - 3 interceptions and a fumble recovery. Tied Bills record with four consecutive games with an interception. After 5 knee surgeries Jeff retired from pro football in 1985. He worked for 13 years (1988-2000) as the Youth Bureau Director for Buffalo and Erie County. He has worked for the past 11 years as the Youth Employment Director for Buffalo. Plays guitar and was voted best R&B guitar player by Buffalo Nightlife Magazine in 2006, 2007 and 2008.

Posted on April 13, 2013, in Uncategorized. Bookmark the permalink. 9 Comments.

  1. This is not a settlement of past wrongs, this is a “pledge” to not do wrong in the future. IT IS TOTALLY BOGUS ! !

  2. Kcalumnus is 100% correct! This settlement proposal does nothing to directly address the original plaintiffs complaint with compensation.
    As a member of SAG AFTRA, this would be a simple case of a production company trying to use reruns without paying residuals.
    This is like a producer being told to take a small portion of monies the production has earned, and place it in a fund where any actor in SAG AFTRA can apply for relief or assistance.

  3. Jeff you are right. The settlement stinks of inappropriate people gaining and the old nfl’s losing. I believe the majority of players would reject the settlement. John ebersole jets 70/77

  4. Scott Ross Saints 91,92. USC, El Toro, Livermore Pop Warner... Where a swear "Bull in the Ring"was created

    I don’t quite follow this cat and mouse game. I didn’t play long but it was enough. I was a wedge buster and I could take out 3 linemen weighing well over 300 lb and me at 240. I gave my body up to be that fast bowling ball they wanted. It still was never enough. Why didnt you make the tackle too? Assholes Marcianno and Fangio. I hate them. I caused fumbles and would take two or three guys out. The only one who would say anything was Ricky Jackson…
    Steve Sidwell my LB coach ver indiscreetly told me “Ross your always going to be on the bubble and you need to do what ever it takes to stay here. We like you and your ability to run the Defence but we need bigger faster guys. 240lb benching 400lbs. Bla bla bla. My recuperation wasn’t quick enough. I played and practiced with broken hands every game…. So somehow the word got out you need to talk to Steve T. Offensive lineman. Great guy but what he had to offer I finally just said no thanks. I loved this guy and he’s dead now from a heart attack….. Lyle Alzado was another, watching him die, sad, I said no.
    Being a wedge buster and being the guy on the bubble made everything harder. I had to hit with my head. It was the most powerful weapon in my arsenal. I made sure I had the heaviest Bike helmet and I put weights in it. It was my hammer. Working out neck was a big priority…. Needless to say I hurt myself everyday I wore that hammer…. Morten Andersen asked me, “Scotty, what’s it going to take for you to quit. I told him because I was on the fast Trac and USC and started as a freshman I had no degree. Just giver one of your 1 million $ checks a week and I’m gone. I wanted to play but the only way was HGH steriods and I didn’t want to die at 50 from a heart attack. My body hurts. I have frontal lobe damage, probably CTE. I got so many concussions in practices and games I lost count. I played 3 years with Junior Seau. I knew what he was doing when he drove off cliff. I did something similar but it was flipping a van into the Louisiana swap.. I do beleive I from starting at the age of 8 started process.

    I never imagined how hard I would have to hit in practices with the Saints. Everyday going up against a man 50lbs more and 2-4 inches taller. The trainers were terrible and if I ever complained I hurt, there was a plane ticket waiting… They made me play in There World League… Broke and tore hand up…surgery of course..,I always loved football but I hate it now. Honestly they should give us weapons to defend ourselves but that would be too much like the Gladiators…. So what’s left…. YOUR HEAD AS A WEAPON. I figured out if I could harder more often and continuously with my head that the other guy would weaken and not want to come my way… Romanowski felt the same way. We had same agent….. Needless to say I would never let my son play football. I have a power point for parents and went to police station to learn there field sobriety test. I did come up with two very easy tests a parent can give withinimal education or training. Players need to be pulled. No more ammonia to wake you up and say you ok.. …. Was that too long? From a great Wedge Buster, Scott Ross. #35 Fight On. My only Job Was to Bust The Wedge no matter What. And I made nothing. No minimum when I played. Wedge busting is the most brutal part of the game!! 40-50 yard sprint into 4 Monster Shreks!!! Take them out? Really? That is how I keep my job

  5. I agree with your letter Jeff 100% and what you say is for true..Ron Mix is Mixed up to the top with the NFL, owner side of things, always has been..so let’s mildly discount him..

    I still stand on my own two feet saying that refusing the Settlement as it stands is the Smart thing to do, The right thing to do and the only thing to do…So get back to the Table and get what the class players deserve.
    Mike Davis

  6. The NFL is like those asshole senators in Washington on the universal back ground check issue well ,they are not actually that bad.but they need to get a conscious.

  7. FREDERICK "RICK" HAYES

    SCOTT ROSS’S WRITING CAME FROM HIS HEART. I TOO WAS MORE OR LESS A NOBODY IN MY NFL CAREER. ALTHOUGH I HAD A SOLID REPUTATION AND KNOWN O-LINEMAN IN COLLEGE AT THE UNIVERSITY of WASHINGTON – WEAKSIDE PASS BLOCKING TACKLE STARTER FOR 4 YEARS – I STARTED MY INJURY CAREER ALMOST EVERY YEAR – PLAYING ONE YEAR WITH A FRACTURED NECK WITHOUT KNOWING [ THE OLD STINGER PARALIZING YOUR SHOULDER AND ARM ALONG WITH THE CONCUSSION ] . FOLLOWING MY JUNIOR YEAR IN WHICH I HAD PLAYED THE MOST MINUTES OF ANY PLAYER, I DECIDED I SHOULD GET THIS “STINGER” PROBLEM DIAGNOSED AFTER I TOOK A MINOR FALL ON MY BUTT.

    I WENT TO SPECIALISTS AT HARBORVIEW HOSPITAL, ONE OF THE TOP HOSPITALS IN THE COUNTRY. AFTER A DAY OF X-RAYS AND TOMOGRAMS, THE DOCTORS SIMPLY CAME OUT AND TOLD ME MY CERVICAL SPINE AT C6 / C7 WAS FRACTURED AND COMPRESSED ON THE LOWER DISC. I WENT BACK TO THE U of W AND THE NEWS SPREAD RAPIDLY. I WAS KNOWN FOR BEING AN AGGRESIVE PLAYER HITTING HARD WITH MY HEAD NEARLY EVERY PLAY. THAT IS HOW THEY COACHED US [ PUT YOUR “RIDDEL” IN THEIR “CHINSTRAP” ].

    I DO NOT KNOW WHEN THE ACTUAL FRACTURE OCCURED, BUT PROBABLY EARLY IN THE SEASON, BECAUSE THAT IS WHEN I BEGAN HAVING MY SO-CALLED ‘STINGERS’.AFTER THE SEASON, MY EQUIPMENT MANAGER FOR THE TEAM DECIDED TO RESEARCH MY INJURY BY WATCHING ALL GAME FILM WITH MY LINE COACH, OTTO KOFLER.

    WHEN HE WAS FINISHED, I CROSSED PATHS WITH HIM GOING BACK TO THE LOCKER ROOM. HE LOOKED AT ME AND JUST SCHOCK HIS HEAD, MUMBLING TO ME THAT I WAS CRAZY. HE THEN TOLD ME HE HAD CHECKED THE BROKEN OR CRACKED HELMET BIN AND I HAD BROKEN 16 HELMETS !! WOULD HAVE BEEN NICE IF HE NOTICED EARLIER.

    I HAD SOME CHOICES TO MAKE. THE DOCTORS TOLD ME I HAD TO HAVE MY NECK FUSED AS SOON AS POSSIBLE. AN EDUCATED OR MATURE INDIVIDUAL WOULD HAVE SAIID OK, ENOUGH OF FOOTBALL. BUT I HAD ALWAYS HAD THE DETERMINATION AND GOAL OF PLAYING PRO FOOTBALL. WHAT WAS I TO DO??

    I CONSULTED WITH THE DOCTORS. NFL SCOUTS CONTACTED ME WONDERING WHAT I WAS GOING TO DO. I LATER FOUND OUT THAT MANY TEAMS HAVE A MOCK DRAFT BEFORE THE SEASON AND THAT I HAD BEEN RATED THE SECOND BEST OFFENSIVE TACKLE, ESPECIALLY SKILLED AS A PASS BLOCKER. PRESSURE FROM EVERYWHERE. MY OWN FATHER, A PLAINTIFF TRIAL LAWYER, WAS ADAMENT THAT I PLAY. I HAVE SINCE LEARNED HE WAS COLLECTING INSURANCE CHECKS THROUGH HIS LAW FIRMS INSURANCE POLICY, WHICH COVERED PARENTS CHILDREN THROUGH COLLEGE, THEREBY DOUBLE BILLING INSURANCE COMPANIES ALONG WITH THE U of W.

    NO ONE HAD EVER HAD THE SURGERY AND RETURNED TO THE GAME.. I WOULD BE THE FIRST. I WAS A “GUINEA PIG’ FOR THE NFL AND COLLEGES. THEY BOTH HAD AN INTEREST IN SOLVING THE “STINGER” PROBLEM , WHICH WAS HARMING THE GAME. THEY DID NOT CARE, THAT A SOLID FUSION COULD DIS-LODGE AND CRIPPLE THE PLAYER.

    I RECALL A FEELING OF ALMOST HAVING A SUICIDAL TENDENCY TOWARDS THE CONSEQUENCES. THIS IS THE POWER THE GAME HOLDS OVER A PLAYER AND HIS EGO. ALSO IT ILLUSTRATES THE FACT THE NFL AND COLLEGES ARE IN COLLUSION AND ALSO SHARE PRIVLEDGED MEDICAL INFORMATION ON PLAYERS.

    I STARTED THE FIRST GAME THE FOLLOWING SEASON [ SKIPPING SPRING PRACTICE ] AND BEGAN BANGING AGAIN. IN THE FIRST GAME WE WERE PLAYING A WEAKER OPONENT AND WE WEE RUNNING A SWEEP TO MY SIDE AGAINST AN UNCOVERED DEFENSE. I WENT TO BLOCK THE LINE BACKER, BUT HE FAILED TO READ THE PLAY CORRECTLY AND I HAD TO CHANGE MY ANGLE OF ATTACK, THROWING A REVERSE BODY BLOCK BECAUSE HE WAS SO LATE. I OFTEN WONDER IF I WOULD HAVE THROWN A HEADER , SHOULDER, OR LEG BLOCK..

    IT WS TOO PAINFULL TO WATCH THE PLAY ON FILM MORE THAN ONCE. I DIS-LOCATED MY LEFT ELBOWS WITH BONES PENETRATING MY SKIN UNDER MY ELBOW PAD. THE TRAINERS HAD FEARED THE WORST, BUT SINCE I WAS DOING CARTWHEELS ON THE ASTRO-TURF IN FRONT OF 70,000 PEOPLE – THEY KNEW I WAS NOT PARALYZED. I WAS GRANTED ANOTHER YEAR BY THE NCAA DUE TO THE INJURY IN THE FIRST GAME – I BELIEVE IT MAY HAVE BEEN THE SECOND SERIES.

    THEN HELL BEGAN. MY HEAD COACH ALLOWED BOB SCHLOREDT TO CONVINCE HIM TO FIRE THE OFFENSIVE CO-ORDINATORS -WE HAD BEEN IN THE TOP FIVE PASSING STATISTICS FOR THREE YEARS. SCHLOREDT WISHED TO GO BACK TO HIS “GLORY” YEARS WHEN HE WON MVP IN THE ROSE BOWL IN 1960’S. HE CALLED HIS OFFENSE __ “THE QUICK T OFFENSE”.__.

    WE HAD THREE RETURNING OFFENSIVE LINEMAN, A TOP PASSING REPLACEMENT FOR SONNY SIXKILLER, AND GREAT RECEIVERS. WE PROCEEDED TO LEAD THE LEAGUE IN PENALTIES, MOST BEING DELAY OF GAME PENALTIES DUE TO SCHLOREDT NOT BEING ABLE TO CALL A PLAY IN TIME. WE WERE BOO- ED AT OUR OWN STADIUM NUMEROUS TIMES. I PLAYED THE SEASON OUT, SWITHCHING ONCE AT HALF-TIME AGAINST CALIFORNIA – FROM LEFT TO RIGHT TACKLE. I HAD NEVER PLAYED THE POSITION BEFORE. WE THREW A ROLLOUT OFFENSE TO MY SIDE THE SECOND HALF AND SET A SCHOOL RECORD FOR PASSING YARDS. BOB SCHLORETT!!!! LAST I HEARD HE WAS SELLING CANDY BARS TO HIGH SCHOOLS FOR CHARITY BENEFITS.

    I FOLLOWED THE YEAR PLAYING IN THE HULA BOWL IN HONOLULU AND THEN BEING THE THIRD DRAFT PICK BEHIND JOHN CAPPELETTI AND BILL SIMPSON TO SIGN ONTO THE L.A. RAMS DURING THE STRIKE YEAR OF 1974. WHAT A JOKE. CROSSING A “PICKET LINE” THAT WAS NON-EXISTENT. THE VETS CAME INTO CAMP IN A FEW WEEKS LATER.. SOMEHOW, I PARTIALLY TORE MY ACHILLES TENDON IN MY LEFT ANKLE. I COULD NOT COMPETE AFTER BEING FORCED BACK ONTO THE FIELD BEFORE I WAS RECOVERED. CHUCK KNOX IS A DIRTY COAL MINING COWARD !! IF IT WASN’T FOR BAD LUCK, I WOULDN’T HAVE ANY AT ALL.

    THE RAMS DOCTORS FAILED TO EVEN EXAM MY NECK DURING MY PRE -SEASON PHYSICAL. NOR DID THEY DO A TERMINATION PHYSICAL. SOMETHING WAS STRANGE. AFTER REPORTING TO THE TRAINERS THAT MY ACHILLES FELT LIKE IT WAS GOING TO RUPTURE AND MY NECK WAS SOAR, I WAS CUT THE NEXT DAY BY A HUNGOVER KNOX SHAVING IN HIS BATHROOM IN HIS UNDERWER. WHAT A MEMORY OF HOW THE BIG BOYS TREATED PLAYERS.

    I COULD CARRY ON, BUT IF YOU ARE A PARENT AND HAVE READ THIS STORY, I BELIEVE YOU KNOW WHICH SPORTS TO DIRECT YOUR CHILDREN TOWARDS – BASEBALL, BASKETBALL, GOLF, TENNIS – ANYTHING EXCEPT FOOTBALL. READ DAVE PEAR’S BLOG AND YOU WILL GET THE TRUTH,

    ALOHA NO,
    RICK HAYES

  8. It’s too late for Scott Ross, but there is hope for others. RIP Scott.

  1. Pingback: The “original six” that stand for retired NFL Players | The Nixon Report

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