My response to lawyer’s email on proposed settlement of Dryer v NFL
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 <firstname.lastname@example.org>
Cc: Michael D. Hausfeld <email@example.com>; Jim Mitchell <firstname.lastname@example.org>; 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
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.
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”.
For the record, I have received no response from Mr. Zimmerman or the other attorneys that were copied in his email.
Your alumni brother,