O'Bannon doc292 INJUNCTION 8-8-2014.pdf by BayAreaNewsGroup


									                                                  Case4:09-cv-03329-CW Document292 Filed08/08/14 Page1 of 2

                                           1                    IN THE UNITED STATES DISTRICT COURT

                                           2                  FOR THE NORTHERN DISTRICT OF CALIFORNIA

                                               EDWARD O’BANNON, et al. ,
                                           4                                                   No. C 09-3329 CW
                                           5                                                   PERMANENT
                                                    v.                                         INJUNCTION
                                               NATIONAL COLLEGIATE ATHLETIC
                                           7   ASSOCIATION; ELECTRONIC ARTS
                                               INC.; and COLLEGIATE LICENSING
                                           8   COMPANY,
                                           9             Defendants.
                                          10   ________________________________/
For the Northern District of California

                                          11        The Court, having duly considered the evidence presented at
    United States District Court

                                          12   the bench trial in this matter and consistent with its findings of
                                          13   fact and conclusions of law, hereby orders as follows:
                                          14        1.   Defendant National Collegiate Athletic Association
                                          15   (NCAA), its respective officers, servants, employees, agents, and
                                          16   licensees, and all persons in active concert or participation with
                                          17   it, including its member schools and conferences, or any of them
                                          18   who receives actual notice of this judgment by personal service or
                                          19   otherwise, be, and are hereby, permanently restrained and enjoined
                                          20   from agreeing to:
                                          21             a.    Prohibit deferred compensation in an amount of
                                          22                   $5,000 per year or less (in 2014 dollars) for the
                                          23                   licensing or use of prospective, current, or former
                                          24                   Division I men’s basketball and Football Bowl
                                          25                   Subdivision football players’ names, images, and
                                          26                   likenesses through a trust fund payable upon

                                          27                   expiration of athletic eligibility or graduation,

                                          28                   whichever comes first; or
                                                  Case4:09-cv-03329-CW Document292 Filed08/08/14 Page2 of 2

                                           1               b.   Prohibit the inclusion of compensation for the

                                           2                    licensing or use of prospective, current, or former

                                           3                    Division I men’s basketball and FBS football

                                           4                    players’ names, images, and likenesses in the award

                                           5                    of a full grant-in-aid, up to the full cost of

                                           6                    attending the respective NCAA member school, as

                                           7                    defined in 20 U.S.C. § 1087ll and calculated by

                                           8                    each school’s financial aid office applying the

                                           9                    same standards, policies, and procedures for all

                                          10                    students.
For the Northern District of California

                                          11        2.     This injunction shall not affect any prospective
    United States District Court

                                          12   student-athlete who will enroll in college before July 1, 2016.

                                          13        3.     Any party may seek modification of this Order, at any

                                          14   time, by written motion and for good cause based on changed

                                          15   circumstances or otherwise.

                                          16        4.     This Court shall retain jurisdiction to enforce this

                                          17   Order.    In the event that any part of this Order is violated by

                                          18   the parties named herein or other persons, Plaintiffs may, by

                                          19   motion with notice to the attorneys for Defendant NCAA, apply for

                                          20   sanctions or other relief that may be appropriate.

                                          21        IT IS SO ORDERED.


                                          23   Dated: August 8, 2014
                                                                                    CLAUDIA WILKEN
                                          24                                        United States District Judge





To top