McPherson v. Tennessee Football, Inc. - 11

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McPherson v. Tennessee Football, Inc. Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE AT NASHVILLE ADRIAN McPHERSON, Plaintiff, vs. TENNESSEE FOOTBALL, INC., d/b/a TENNESSEE TITANS, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 3:07-cv-0002 Judge Haynes Magistrate Judge Griffin JURY DEMAND 1321045.1 Case 3:07-cv-00002 Document 11 Filed 01/31/2007 Page 1 of 3 Dockets.Justia.com JAN-31-87 82:38 AM ,. - 01/30/2007 11:31 FAX 713 881 3472 OGC AFFIDAVIT OF MICKEY LOOMIS State of Louiriana Pwrish of Jefferson 1 1 1 I, Mickey Loomis, being duly sworn, depose and &ate as follows: 1. I am the Executive Vice President and General Manager of New Orleafis Louisiana Saints, LLC, known as the New Orleans Saints (the "Saints"). My businesa addrew ia 5800 Airline Drive, Metairie, Louisiana 70003. I am over eighteen years of age and make this Affidavit baaed upon my personal knowledge. 2. The Saints drafted Adrian McPherson in the NFL Draft i n 2006. In 2005, Mr. McPherson entered into a three year NFL Player Contract with the Saints, a true and correct copy of which is attached hereto ae Exhibit 1. h an NFL i plwer, Mr. McPherson was subject t o the Collective Bargaining Agreement between tho National Football Loague Management Council, the bargaining representative of the NFL teams, and the National Football League Players Association, the bargaining representative of the NFL players (the "CBA"). As an NFL team, the Saints are ale0 subject to the CBA. 3. Mr. McPherson wae on the Sainte' preseason football roster in 2006. During the 2006 NFL preeeaeon, Mr. McPherson was injured during half-time of the football game betweon the Saint6 and the Tennessee Titune on August 12,2006, As a reault of his injury, Mr. McPhereon was placed on the Saints' Injured Reserve list. Case 3:07-cv-00002 Document 11 Filed 01/31/2007 Page 2 of 3 JAN-31-87 82:38 AM 01/30/2007 11:32 FAX 713 881 3472 OGC 4. In October 2006, the S,aints determined that Mr. McPherson waa no longer suffering from the injuries that he received in the Saints - Titans football game. Thereafter, the Saints placed Mr. McPherson on waivers and hio NFL Player Contract with the Sainte was terminated on October 11,2006. 6. In accordance with the terms of his NFL Player Contract and the CBA, Q the Saints paid Mr. McPhereon total of $62,568.10during the period that he was recovering from the injuriem that he received in Suinte - Titane football game and Mr. McPhereon accepted such p a y m ~ n t . 6. At no time has Mi.. McPh~rson filed a grievance, either injury or non. injury, ag~linst Sainte. the FURTHER, AFFIANT SAYETH NOT, LQ5q-L .I.. . . ': , Sworn t'o a'nd subscribed before me ' . My iomrnimion expires: c@.Mlss/Ot4wls7 1 W E T 0,1 DD 4 0 1 EXPIRES: July 4, X)1)9 Bendtd Tmu BUbpbl Nokry S t ~ l ~ 6 Case 3:07-cv-00002 Document 11 Filed 01/31/2007 Page 3 of 3

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