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1 1 of 14 10/15/2015 4:28 PM General Docket United States Court of Appeals for the Ninth Circuit Court of Appeals Docket #: Docketed: 08/21/2014 Nature of Suit: 3410 Antitrust Termed: 09/30/2015 Edward O'Bannon, Jr. v. NCAA, et al Appeal From: U.S. District Court for Northern California, Oakland Fee Status: Paid Case Type Information: 1) civil 2) private 3) null Originating Court Information: District: : 4:09-cv CW Court Reporter: Joan Marie Columbini Court Reporter: Raynee Mercado Court Reporter: Diane E. Skillman, Official Court Reporter Trial Judge: Claudia Wilken, Senior District Judge Date Filed: 07/21/2009 Date Order/Judgment: Date Order/Judgment EOD: Date NOA Filed: Date Rec'd COA: 08/19/ /19/ /20/ /20/2014 Prior Cases: Date Filed: 02/22/2010 Date Disposed: 07/31/2013 Disposition: Affirmed - Opinion Date Filed: 05/30/2014 Date Disposed: 06/05/2014 Disposition: Denied - Judge Order Date Filed: 04/28/2014 Date Disposed: 05/13/2014 Disposition: Denied - Judge Order Current Cases: Companion Consolidated Related Lead Member Start End /18/ /27/ /18/ /18/ /18/ /18/2015 EDWARD C. O'BANNON, Jr., On Behalf of Himself and All Others Similarly Situated Plaintiff - Appellee, Michael D. Hausfeld Direct: Hausfeld LLP Suite # K Street, NW Washington, DC William A. Isaacson, Attorney BOIES, SCHILLER & FLEXNER, LLP 5301 Wisconsin Avenue Northwest Washington, DC Michael P. Lehmann, Attorney HAUSFELD LLP 44 Montgomery San Francisco, CA Renae D. Steiner Direct: Heins Mills & Olson, P.L.C. 310 Clifton Avenue Minneapolis, MN Bruce Joshua Wecker, Attorney Direct: Hausfeld LLP 44 Montgomery Street

2 2 of 14 10/15/2015 4:28 PM Suite 3400 San Francisco, CA Jonathan S. Massey Direct: Massey & Gail LLP Suite G Street, N.W. Washington, DC Seth Rosenthal Direct: Venable LLP 575 7th Street, NW Washington, DC v. Bonny E. Sweeney Direct: Hausfeld LLP 44 Montgomery Street Suite 3400 San Francisco, CA NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, AKA The NCAA Defendant - Appellant, Gregory L. Curtner, Esquire, Attorney Direct: Schiff Hardin LLP Suite S. Main Street Ann Arbor, MI Kelly M. Klaus, Esquire, Attorney Munger, Tolles & Olson LLP 355 South Grand Avenue 35th Floor Los Angeles, CA Carolyn Hoecker Luedtke, Esquire, Attorney Direct: Munger Tolles & Olson, LLP 560 Mission Street 27th Floor San Francisco, CA Glenn D. Pomerantz, Attorney Munger, Tolles & Olson LLP 355 South Grand Avenue 35th Floor Los Angeles, CA Rohit K. Singla Munger Tolles & Olson, LLP 560 Mission Street 27th Floor San Francisco, CA Daniel Volchok Direct: Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Avenue NW Washington, DC Seth P. Waxman, Attorney Direct:

3 3 of 14 10/15/2015 4:28 PM Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Avenue NW Washington, DC Robert J. Wierenga, Esquire, Attorney Direct: Schiff Hardin LLP Suite S. Main Street Ann Arbor, MI David Lehn Direct: Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Avenue NW Washington, DC ELECTRONIC ARTS, INC. Defendant, Steven A. Hirsch, Esquire, Attorney Direct: Keker & Van Nest LLP 633 Battery Street San Francisco, CA Robert Adam Lauridsen Direct: Keker & Van Nest LLP 633 Battery Street San Francisco, CA Robert A. Van Nest, Esquire Direct: Keker & Van Nest LLP 633 Battery Street San Francisco, CA COLLEGIATE LICENSING COMPANY, AKA CLC Defendant, Peter Michael Boyle, Esquire, Attorney Direct: Kilpatrick Townsend & Stockton Suite th Street, N.W. Washington, DC Cindy D. Hanson Direct: Kilpatrick Townsend & Stockton, LLP Suite 2800 Firm: Peachtree Street NE Suite 2800 Atlanta, GA AMERICAN COUNCIL ON EDUCATION Martin Michaelson, Esquire Direct: Hogan Lovells US LLP Firm: Thirteenth Street, NW Washington, DC Joel Buckman Direct: Hogan Lovells US LLP Firm:

4 4 of 14 10/15/2015 4:28 PM 555 Thirteenth Street, NW Washington, DC William Leitzsey Monts, III, Attorney Direct: Hogan Lovells US LLP Firm: Thirteenth Street, NW Washington, DC ASSOCIATION OF GOVERNING BOARDS OF UNIVERSITIES AND COLLEGES AND NATIONAL ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES Martin Michaelson, Esquire Direct: (see above) Joel Buckman Direct: (see above) William Leitzsey Monts, III, Attorney Direct: (see above) A&E TELEVISION NETWORKS, LLC ABC INC., CBS Corporation, Discovery Communications, LLC, Fox Broadcasting Company, National Public Radio Inc., NBCUniversal Media LLC, The Reporter's Committee for Freedom of the Press and Turner Broadcasting System, INC LAW AND ECONOMICS AND ANTITRUST SCHOLARS ANTITRUST SCHOLARS Nathan E. Siegel Direct: Levine Sullivan Koch & Schulz, LLP Firm: L Street NW Suite # 200 Washington, DC Nathan E. Siegel Direct: (see above) Allen Paul Grunes Direct: The Konkurrenz Group 5335 Wisconsin Ave., NW Suite 440 Washington, DC Jonathan M. Jacobson Direct: Wilson Sonsini Goodrich & Rosati Professional Corporation 40th Floor Firm: Avenue of the Americas 40th Floor New York, NY ECONOMISTS AND PROFESSORS OF SPORTS MANAGEMENT Steven N. Williams, Esquire, Attorney Cotchett, Pitre & McCarthy, LLP San Francisco Airport Office Center Firm: Malcolm Road Burlingame, CA ANDREW A. OLIVER Richard Gibbs Johnson, Esquire Direct: Richard G. Johnson Co., L.P.A. 220 Crittenden Court Building 955 West St. Clair Avenue

5 5 of 14 10/15/2015 4:28 PM Cleveland, OH SPORT MANAGEMENT PROFESSORS INTELLECTUAL PROPERTY AND FRIST AMENDMENT SCHOLARS SCREEN ACTORS GUILD-AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, and Radio Artists and Lminary Group LLC TWENTY-SIX SCHOLARS OF ANTITRUST AND SPORTS LAW ALSTON ALSTON KINDER GROUP Joshua David Snyder Direct: BONI & ZACK LLC 15 St. Asaphs Rd. Bala Cnywyd, PA Ernest A. Young, Attorney Direct: Ernest A. Young 3208 Fox Terrace Dr. Apex, NC Duncan W. Crabtree-Ireland, Chief Operating Officer & General Counsel Direct: SAG-AFTRA 7th Floor 5757 Wilshire Blvd. Los Angeles, CA David Martinez, Attorney Direct: Robins Kaplan LLP 2049 Century Park East Suite 3400 Los Angeles, CA Steve Berman, Attorney Hagens Berman 1918 Eighth Avenue Seattle, WA Jon T. King, Attorney Direct: Hagens Berman Sobol Shapiro LLP Suite # Hearst Ave. Berkeley, CA MARTIN JENKINS Jeffrey L. Kessler Winston & Strawn LLP 200 Park Avenue New York, NY Steffen Nathanael Johnson, Esquire, Litigation Counsel Direct: Winston & Strawn LLP Firm: K Street, N.W. Washington, DC 20006

6 6 of 14 10/15/2015 4:28 PM EDWARD C. O'BANNON, Jr., On Behalf of Himself and All Others Similarly Situated, Plaintiff - Appellee, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, AKA The NCAA, Defendant - Appellant, and ELECTRONIC ARTS, INC.; COLLEGIATE LICENSING COMPANY, AKA CLC, Defendants.

7 7 of 14 10/15/2015 4:28 PM 08/21/ pg, KB DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/28/2014. Transcript ordered by 09/19/2014. Transcript due 10/20/2014. Appellant National Collegiate Athletic Association opening brief due 11/28/2014. Appellee Edward C. O'Bannon Jr. answering brief due 12/29/2014. Appellant's optional reply brief is due 14 days after service of the answering brief. [ ] (RT) [Entered: 08/21/ :33 AM] 08/27/ pg, KB 08/27/ pg, KB Filed (ECF) notice of appearance of Daniel Stephen Volchok for Appellant NCAA. Date of service: 08/27/2014. [ ] (DV) [Entered: 08/27/ :37 AM] Filed (ECF) notice of appearance of Seth Paul Waxman for Appellant NCAA. Date of service: 08/27/2014. [ ] (SPW) [Entered: 08/27/ :51 PM] 08/28/ Added attorney Seth P. Waxman for NCAA, in case [ ] (SW) [Entered: 08/28/ :33 AM] 08/28/ pg, KB Filed (ECF) Appellant NCAA Mediation Questionnaire. Date of service: 08/28/2014. [ ] (SPW) [Entered: 08/28/ :45 PM] 09/05/ Added attorney Daniel Volchok for NCAA, in case [ ] (WWP) [Entered: 09/05/ :33 AM] 09/19/ pg, KB 09/24/ pg, KB 10/27/ pg, 33.9 KB 10/28/ pg, 1.46 MB Filed (ECF) Appellant NCAA Joint Motion for miscellaneous relief [To revise briefing schedule and set oral-argument date.]. Date of service: 09/19/2014. [ ] (SPW) [Entered: 09/19/ :24 PM] Filed order (Appellate Commissioner): The parties joint motion to revise the briefing schedule is granted. The request to set this appeal for oral argument is granted in part. The opening brief is due November 14, The answering brief is due January 21, 2015, and the optional reply brief is due February 11, Streamlined requests are prohibited and any motion for an extension of time pursuant to Ninth Circuit Rule (b) is disfavored. This appeal shall be calendared as soon as practicable. The parties are reminded that this appeal will be accorded hearing or submission priority under Ninth Circuit 34-3(3). (Pro Mo) [ ] (OC) [Entered: 09/24/ :08 AM] Filed clerk order (Deputy Clerk: LSC): The court sua sponte consolidates appeal Nos and The appeals are now consolidated. The briefing schedule established on October 21, 2014 in appeal No is vacated. The briefing schedule established on September 24, 2014 in appeal No shall apply to these consolidated appeals. [ ] [ , ] (AF) [Entered: 10/27/ :07 AM] Filed (ECF) Appellant NCAA Mediation Questionnaire. Date of service: 10/28/2014. [ ] [ ] --[COURT UPDATE: Spread to case /28/2014 by TL] (DV) [Entered: 10/28/ :34 PM] 10/29/ Received notification from District Court re: payment of docket fee (for appeal: ) Amount Paid: USD Date paid: 10/28/2014. [ ] [ , ] (RT) [Entered: 10/29/ :15 PM] 11/03/ pg, KB Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at [ ] [ , ] (CL) [Entered: 11/03/ :32 PM] 11/14/ pg, MB Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant NCAA in , Date of service: 11/14/2014. [ ] [ , ] (SPW) [Entered: 11/14/ :33 PM] 11/17/ pg, KB 11/17/ pg, KB Filed clerk order: The opening brief [13] submitted by NCAA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [13] submitted by NCAA. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule [ ] [ , ] (WWP) [Entered: 11/17/ :36 AM] Filed (ECF) notice of appearance of David M. Lehn for Appellant NCAA in , Date of service: 11/17/2014. [ ] [ , ] (DL) [Entered: 11/17/ :47 PM] 11/17/ Added attorney David Lehn for NCAA in case and case [ ] [ , ] (KB) [Entered: 11/17/ :19 PM] 11/21/ pg, KB 11/21/ pg, KB Antitrust Scholars. Date of service: 11/21/2014. [ ] [ , ] (JMJ) [Entered: 11/21/ :27 AM] Filed (ECF) notice of appearance of Seth A. Rosenthal for Appellee Edward C. O'Bannon, Jr. in , Date of service: 11/21/2014. [ ] [ , ] (SR) [Entered: 11/21/ :04 PM]

8 8 of 14 10/15/2015 4:28 PM 11/21/ Added attorney Seth Rosenthal for Edward C. O'Bannon Jr., in case and case [ ] [ , ] (KB) [Entered: 11/21/ :30 PM] 11/21/ pg, KB 11/21/ pg, KB 11/21/ pg, KB American Council on Education, Association of Governing Boards of Universities and Colleges, National Association of Independent Colleges and Universities. Date of service: 11/21/2014. [ ] [ , ] (MM) [Entered: 11/21/ :44 PM] A&E Television Networks, LLC, Discovery Communications, LLC, NBCUniversal Media, LLC, ABC, Inc., Fox Broadcasting Company, Reporters Committee for Freedom of the Press, CBS Corporation, National Public Radio, Inc. Turner Broadcasting System, Inc.. Date of service: 11/21/2014. [ ] [ , ] (NES) [Entered: 11/21/ :48 PM] Law and Economics and Antitrust Scholars in Support of Appellant NCAA. Date of service: 11/21/2014. [ ] [ , ] (APG) [Entered: 11/21/ :16 PM] 11/21/ Filed Appellant NCAA in paper copies of excerpts of record [13] in 3 volume(s). [ ] [ , ] (WWP) [Entered: 11/24/ :24 AM] 11/21/ Received 7 paper copies of Opening brief [13] filed by NCAA. [ ] [ , ] (SD) [Entered: 11/24/ :37 AM] 11/24/ Entered appearance of Amici Curiae American Council on Education and Association of Governing Boards of Universities and Colleges and National Association of Independent Colleges and Universities and Amici Curiae American Council on Education and Association of Governing Boards of Universities and Colleges and National Association of Independent Colleges and Universities. [ ] [ , ] (WWP) [Entered: 11/24/ :46 AM] 11/24/ pg, 91.1 KB Filed clerk order: The amicus brief [20] submitted by ACE and Association of Governing Boards of Universities and Colleges and National Association of Independent Colleges and Universities is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 11/24/ :48 AM] 11/24/ Entered appearance of Amici Curiae A&E Television Networks, LLC and ABC Inc. CBS CORPORATION, DISCOVERY COMMUNICATIONS, LLC, FOX BROADCASTING COMPANY, NATIONAL PUBLIC RADIO, INC., NBCUNIVERSAL MEDIA, LLC, THE REPORTER S COMMITTEE FOR FREEDOM OF THE PRESS AND TURNER BROADCASTING SYSTEM, INC.[ ] [ , ] (WWP) [Entered: 11/24/ :03 PM] 11/24/ pg, KB Filed clerk order: The amicus brief [21] submitted by A&E Television Networks, LLC and ABC Inc. et al., is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 11/24/ :04 PM] 11/24/ Entered appearance of Amicus Curiae Law and Economics and Antitrust Scholars. [ ] [ , ] (WWP) [Entered: 11/24/ :11 PM] 11/24/ pg, KB 11/25/ pg, KB Filed clerk order: The amicus brief [22] submitted by Law and Economics and Antitrust Scholars is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 11/24/ :13 PM] Filed (ECF) notice of appearance of William L. Monts III for Amici Curiae ACE and Association of Governing Boards of Universities and Colleges and National Association of Independent Colleges and Universities in , Date of service: 11/25/2014. [ ] [ , ] (WLM) [Entered: 11/25/ :11 AM] 11/25/ Entered appearance of Amicus Curiae Antitrust Scholars. [ ] [ , ] (WWP) [Entered: 11/25/ :35 AM] 11/25/ pg, KB Filed clerk order: The amicus brief [17] submitted by Antitrust Scholars is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 11/25/ :39 AM] 11/25/ Added attorney William Leitzsey Monts III for ACE and Association of Governing Boards of Universities and Colleges and National Association of Independent Colleges and Universities, in case and case [ ] [ , ] (KB) [Entered: 11/25/ :58 AM]

9 9 of 14 10/15/2015 4:28 PM 11/25/ pg, KB Filed (ECF) notice of appearance of Joel D. Buckman for Amici Curiae ACE and Association of Governing Boards of Universities and Colleges and National Association of Independent Colleges and Universities in , Date of service: 11/25/2014. [ ] [ , ] (JB) [Entered: 11/25/ :18 PM] 11/25/ Added attorney Joel Buckman for Association of Governing Boards of Universities and Colleges and National Association of Independent Colleges and Universities ACE, in case Joel Buckman for Association of Governing Boards of Universities and Colleges and National Association of Independent Colleges and Universities ACE, in case [ ] [ , ] (EL) [Entered: 11/25/ :20 PM] 11/25/ pg, KB Filed (ECF) notice of appearance of Jonathan S. Massey for Appellee Edward C. O'Bannon, Jr.. Date of service: 11/25/2014. [ ] [ ] --[COURT UPDATE: Spread to case /25/2014 by TL] (JSM) [Entered: 11/25/ :23 PM] 11/25/ Added attorney Jonathan Massey for Edward C. O'Bannon Jr., in case and case [ ] [ , ] (KB) [Entered: 11/25/ :06 PM] 11/26/ Received 7 paper copies of Amicus brief [21] filed by A&E Television Networks, LLC, et al. [ ] [ , ] (SD) [Entered: 11/26/ :20 PM] 11/26/ Received 7 paper copies of Amicus brief [20] filed by ACE, et al. [ ] [ , ] (SD) [Entered: 11/26/ :24 PM] 11/28/ Received 7 paper copies of Amicus brief [17] filed by Antitrust Scholars. [ ] [ , ] (SD) [Entered: 11/28/ :13 PM] 12/01/ Received 7 paper copies of Amicus brief [22] filed by Law and Economics and Antitrust Scholars. [ ] [ , ] (SD) [Entered: 12/01/ :33 PM] 01/21/ pg, MB Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellee Edward C. O'Bannon, Jr. in , Date of service: 01/21/2015. [ ] [ , ] --[COURT UPDATE: Attached corrected brief. 01/21/2015 by TL] (MPL) [Entered: 01/21/ :12 PM] 01/21/ pg, KB 01/22/ pg, KB Filed clerk order: The answering brief [43] submitted by Edward C. O'Bannon, Jr. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [43] submitted by Edward C. O'Bannon, Jr. in Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule [ ] [ , ] (WWP) [Entered: 01/21/ :49 PM] Filed clerk order (Deputy Clerk: AF): The panel for related case CA# has assumed jurisdiction of this appeal.. Oral argument, if any, will be set in due course. [ ] [ , ] (AF) [Entered: 01/22/ :05 PM] 01/23/ Received 7 paper copies of Answering brief [43] filed by Edward C. O'Bannon, Jr..(sent to panel) [ ] [ , ] (SD) [Entered: 01/23/ :41 PM] 01/23/ Filed Appellee Edward C. O'Bannon, Jr. in paper copies of excerpts of record [43] in 4 volume(s). (sent to panel) [ ] [ , ] (WWP) [Entered: 01/26/ :04 PM] 01/26/ pg, KB Filed order (SIDNEY R. THOMAS, JAY S. BYBEE and GORDON J. QUIST): Oral argument in this case is scheduled for Tuesday, March 17, 2015, at 1:00 pm, in San Francisco. Each side shall be allotted 30 minutes for oral argument. [ ] [ , ] (AF) [Entered: 01/26/ :28 PM] 01/26/ Notice of Oral Argument on Tuesday, March 17, :00 P.M. - Courtroom 1 - James R Browning US Cthse, 95 7th St, San Francisco CA. View the Oral Argument Calendar for your case here. When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form, complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [ ] [ , ] (AW) [Entered: 01/26/ :33 PM] 01/26/ pg, KB Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Seth P. Waxman for Appellant NCAA in , [ ] [ , ] (SPW) [Entered: 01/26/ :54 PM] 01/27/ pg, KB Brief of Amici Curiae Economists and Professors of Sports Management in Support of Plaintiffs-Appellees and in Support of Affirmance. Date of service: 01/27/2015. [ ] [ , ] (SNW) [Entered: 01/27/ :43 PM] 01/28/ pg, KB Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Michael D. Hausfeld for Appellee Edward C. O'Bannon, Jr. in , [ ] [ , ] (MDH) [Entered: 01/28/ :54 AM]

10 10 of 14 10/15/2015 4:28 PM 01/28/ Entered appearance of Amicus Curiae Economists and Professors of Sports Management. [ ] [ , ] (WWP) [Entered: 01/28/ :12 AM] 01/28/ pg, KB Filed clerk order: The amicus brief [51] submitted by Economists and Professors of Sports Management in is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 01/28/ :24 AM] 01/28/ pg, KB 01/28/ pg, KB 01/28/ pg, KB Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Martin Jenkins, Nigel Hayes, and Alec James. Date of service: 01/28/2015. [ ] [ , ] (JLK) [Entered: 01/28/ :13 AM] Andrew A. Oliver. Date of service: 01/28/2015. [ ] [ , ] (RGJ) [Entered: 01/28/ :35 PM] Sport Management Professors as Amici Curiae in Support of Plaintiff-Appellee. Date of service: 01/28/2015. [ ] [ , ] (JDS) [Entered: 01/28/ :42 PM] 01/28/ Entered appearance of Amicus Curiae - Pending Martin Jenkins, Nigel Hayes and Alec James. [ ] [ , ] (WWP) [Entered: 01/28/ :22 PM] 01/28/ pg, KB Filed (ECF) Appellant NCAA in , response opposing motion (motion to become amicus). Date of service: 01/28/2015. [ ] [ , ] (SPW) [Entered: 01/28/ :27 PM] 01/28/ Entered appearance of Amicus Curiae Andrew A. Oliver. [ ] [ , ] (WWP) [Entered: 01/28/ :29 PM] 01/28/ pg, KB Filed clerk order: The amicus brief [56] submitted by Andrew A. Oliver is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 01/28/ :32 PM] 01/28/ Entered appearance of Amicus Curiae Sport Management Professors. [ ] [ , ] (WWP) [Entered: 01/28/ :40 PM] 01/28/ pg, KB 01/28/ pg, KB Filed clerk order: The amicus brief [57] submitted by Sport Management Professors is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 01/28/ :41 PM] Intellectual Property and First Amendment Scholars in Support of Appellee Edward O'Bannon, Jr. Urging Affirmance. Date of service: 01/28/2015. [ ] [ , ] (EAY) [Entered: 01/28/ :15 PM] 01/28/ pg, KB 01/28/ pg, KB Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The Alston Kindler Group. Date of service: 01/28/2015. [ ] [ , ] (SB) [Entered: 01/28/ :56 PM] Twenty-Six Scholars of Antitrust and Sports Law in Support of Appellees. Date of service: 01/28/2015. [ ] [ , ] --[COURT UPDATE: Attached corrected brief and updated docket text to reflect correct parties. 01/30/2015 by TL] (DM) [Entered: 01/28/ :07 PM] 01/28/ pg, KB Filed (ECF) notice of appearance of Richard G. Johnson for Amicus Curiae Andrew A. Oliver in Date of service: 01/28/2015. [ ] [ , ] (RGJ) [Entered: 01/28/ :52 PM] 01/28/ pg, KB Screen Actors Guild - American Federation of Television & Radio Artists and Luminary Group LLC. Date of service: 01/28/2015. [ ] [ , ] (DWC) [Entered: 01/28/ :10 PM] 01/29/ Entered appearance of Amicus Curiae Intellectual Property and Frist Amendment Scholars. [ ] [ , ] (WWP) [Entered: 01/29/ :17 AM] 01/29/ pg, KB Filed clerk order: The amicus brief [64] submitted by Intellectual Property and Frist Amendment Scholars is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 01/29/ :18 AM]

11 11 of 14 10/15/2015 4:28 PM 01/29/ pg, KB Filed (ECF) Appellant NCAA in , response opposing motion (motion to become amicus). Date of service: 01/29/2015. [ ] [ , ] (SPW) [Entered: 01/29/ :21 AM] 01/29/ Added attorney Richard Gibbs Johnson for Andrew A. Oliver, in case and case [ ] [ , ] (KB) [Entered: 01/29/ :21 AM] 01/29/ Entered appearance of Amicus Curiae - Pending Alston Alston Kinder Group. [ ] [ , ] (WWP) [Entered: 01/29/ :58 AM] 01/29/ Entered appearance of Amicus Curiae Screen Actors Guild-American Federation of Television and Radio Artists and Radio Artists and Luminary Group LLC. [ ] [ , ] (WWP) [Entered: 01/29/ :00 AM] 01/29/ pg, KB Filed clerk order: The amicus brief [68] submitted by Screen Actors Guild-American Federation of Television and Radio Artists is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 01/29/ :02 AM] 01/30/ Entered appearance of Amicus Curiae Twenty-Six Scholars of Antitrust and Sports Law. [ ] [ , ] (WWP) [Entered: 01/30/ :20 AM] 01/30/ pg, KB 01/30/ pg, 46.7 KB 01/30/ pg, KB Filed clerk order: The amicus brief [66] submitted by Twenty-Six Scholars of Antitrust and Sports Law is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 01/30/ :22 AM] Filed (ECF) Amicus Curiae - Pending Alston Alston Kinder Group in , reply to response (). Date of service: 01/30/2015. [ ] [ , ] (SB) [Entered: 01/30/ :57 AM] Filed (ECF) Amicus Curiae - Pending Martin Jenkins in reply to response (motion to become amicus). Date of service: 01/30/2015. [ ] [ , ] (JLK) [Entered: 01/30/ :11 PM] 01/30/ Received 7 paper copies of Amicus brief [57] filed by Sport Management Professors. (sent to panel) [ ] [ , ] (SD) [Entered: 01/30/ :16 PM] 01/30/ Received 7 paper copies of Amicus brief [51] filed by Economists and Professors of Sports Management. (sent to panel) [ ] [ , ] (SD) [Entered: 02/02/ :58 AM] 02/02/ Received 7 paper copies of Amicus brief [56] filed by Andrew A. Oliver. (sent to panel) [ ] [ , ] (SD) [Entered: 02/02/ :05 AM] 02/03/ Received 7 paper copies of Amicus brief [68] filed by Screen Actors Guild-American Federation of Television and Radio Artists. (sent to panel) [ ] [ , ] (SD) [Entered: 02/03/ :15 PM] 02/04/ Received 7 paper copies of Amicus brief [64] filed by Intellectual Property and Frist Amendment Scholars (sent to panel) [ ] [ , ] (SD) [Entered: 02/04/ :48 AM] 02/05/ pg, KB Filed (ECF) notice of appearance of Steffen Johnson for Amicus Curiae - Pending Martin Jenkins in Date of service: 02/05/2015. [ ] [ , ] (SNJ) [Entered: 02/05/ :13 AM] 02/05/ Added attorney Steffen Nathanael Johnson for Martin Jenkins, in case and case [ ] [ , ] (KB) [Entered: 02/05/ :52 AM] 02/06/ pg, KB 02/06/ pg, KB Filed (ECF) notice of appearance of Jon T. King for Amicus Curiae - Pending Alston Alston Kinder Group in , Date of service: 02/06/2015. [ ] [ , ] (JTK) [Entered: 02/06/ :05 PM] Filed (ECF) notice of appearance of Steve W. Berman for Amicus Curiae - Pending Alston Alston Kinder Group in , Date of service: 02/06/2015. [ ] [ , ] (SB) [Entered: 02/06/ :12 PM] 02/06/ Added attorneys Jon T. King and Steve Berman for Alston Alston Kinder Group in case and case [ ] [ , ] (KB) [Entered: 02/06/ :31 PM] 02/09/ pg, KB 02/11/ pg, 41.7 KB Filed (ECF) Amicus Curiae Andrew A. Oliver citation of supplemental authorities. Date of service: 02/09/2015. [ ] [ ] --[COURT UPDATE: Spread to case /09/2015 by TL] (RGJ) [Entered: 02/09/ :36 PM] Filed order (SIDNEY R. THOMAS, JAY S. BYBEE and GORDON J. QUIST) The opposed motions of the Alston Kindler Group and of Martin Jenkins, Nigel Hayes, and Alec James for leave to file amicus curiae briefs, dated January 28, 2015, are both GRANTED. [ ] [ , ] (OC) [Entered: 02/11/ :43 AM]

12 12 of 14 10/15/2015 4:28 PM 02/11/ pg, KB 02/11/ pg, KB 02/11/ pg, 2.53 MB 02/12/ pg, KB Filed clerk order: The amicus brief [65] submitted by Alston Alston Kinder Group is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 02/11/ :28 PM] Filed clerk order: The amicus brief [55] submitted by Martin Jenkins et al., is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [ ] [ , ] (WWP) [Entered: 02/11/ :33 PM] Submitted (ECF) Reply Brief and further excerpts of record for review. Submitted by Appellant NCAA in , Date of service: 02/11/2015. [ ] [ , ] (SPW) [Entered: 02/11/ :46 PM] Filed clerk order: The reply brief [94] submitted by NCAA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the further excerpts of record [94] submitted by NCAA in Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule [ ] [ , ] (WWP) [Entered: 02/12/ :25 AM] 02/13/ Received 7 paper copies of Reply brief [94] filed by NCAA. (sent to panel) [ ] [ , ] (SD) [Entered: 02/13/ :00 AM] 02/13/ pg, KB 02/13/ pg, KB Filed (ECF) Amicus Curiae Andrew A. Oliver in citation of supplemental authorities. Date of service: 02/13/2015. [ ] [ , ] (RGJ) [Entered: 02/13/ :05 PM] Filed (ECF) Errata to Amicus brief ([93] Order, [55] Brief Submitted for Review (ECF Filing), [55] Motion (ECF Filing), [55] Motion (ECF Filing) motion to become amicus). Filed by Amicus Curiae Martin Jenkins in Date of service: 02/13/2015. [ ] [ , ] (JLK) [Entered: 02/13/ :42 PM] 02/13/ Filed Appellant NCAA in paper copies of further excerpts of record in 1 volume(s). (sent to panel) [ ] [ , ] (WWP) [Entered: 02/17/ :01 AM] 02/17/ pg, KB Filed (ECF) Appellant NCAA in , citation of supplemental authorities. Date of service: 02/17/2015. [ ] [ , ] (SPW) [Entered: 02/17/ :58 AM] 02/17/ Received 7 paper copies of Amicus brief [55] filed by Martin Jenkins et al. (sent to panel). [ ] [ , ] (DB) [Entered: 02/17/ :55 AM] 02/17/ Received 7 paper copies of Amicus brief [65] filed by Alston Alston Kinder Group (sent to panel). [ ] [ , ] (DB) [Entered: 02/17/ :41 PM] 03/17/ pg, KB Filed clerk order (Deputy Clerk: PA):Thomson Reuters applied to video/audio record for later broadcast, the cases captioned above, scheduled to be heard in San Francisco, California, on Tuesday March 17, 2015 at 1:00 p.m. Thomson Reuters request to video/audio record for later broadcast is GRANTED. [ ] [ , ] (PA) [Entered: 03/17/ :42 AM] 03/17/ ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, JAY S. BYBEE and GORDON J. QUIST. [ ] [ , ] (BY) [Entered: 03/17/ :57 PM] 03/23/ pg, KB Filed (ECF) notice of appearance of Bonny E. Sweeney for Appellee Edward C. O'Bannon, Jr. in , Date of service: 03/23/2015. [ ] [ , ] (BES) [Entered: 03/23/ :23 PM] 03/23/ Added attorney Bonny E. Sweeney for Edward C. O'Bannon Jr., in case Bonny E. Sweeney for Edward C. O'Bannon Jr., in case [ ] [ , ] (KB) [Entered: 03/23/ :27 PM] 04/27/ pg, KB 07/17/ pg, KB 07/27/ pg, KB 07/28/ pg, 54.1 KB Filed (ECF) Amicus Curiae Andrew A. Oliver in , citation of supplemental authorities. Date of service: 04/27/2015. [ ] [ , ] (RGJ) [Entered: 04/27/ :30 PM] Filed (ECF) Appellant NCAA in , Motion to stay lower court action. Date of service: 07/17/2015. [ ] [ , ] (SPW) [Entered: 07/17/ :43 PM] Filed (ECF) Appellee Edward C. O'Bannon, Jr. in , response opposing motion (motion to stay lower court action). Date of service: 07/27/2015. [ ] [ , ] (MPL) [Entered: 07/27/ :37 PM] Filed (ECF) Appellant NCAA in , reply to response (). Date of service: 07/28/2015. [ ] [ , ] (SPW) [Entered: 07/28/ :13 PM]

13 13 of 14 10/15/2015 4:28 PM 07/31/ pg, KB Filed order (SIDNEY R. THOMAS, JAY S. BYBEE and GORDON J. QUIST): Without expressing a view as to either party s likelihood of success on the merits, the court grants a stay of the district court s injunction in this case, dated August 8, 2014, to preserve the status quo until this court s mandate has issued. [ ] [ , ] (AF) [Entered: 07/31/ :57 AM] 09/30/ pg, KB FILED OPINION (SIDNEY R. THOMAS, JAY S. BYBEE and GORDON J. QUIST) AFFIRMED IN PART; VACATED IN PART. THE PARTIES SHALL BEAR THEIR OWN COSTS ON APPEAL Judge: SRT Concurring & dissenting, Judge: JSB Authoring, FILED AND ENTERED JUDGMENT. [ ] [ , ] (RP) [Entered: 09/30/ :46 AM] 10/14/ pg, 1.15 MB Filed (ECF) Appellee Edward C. O'Bannon, Jr. in , petition for rehearing en banc (from 09/30/2015 opinion). Date of service: 10/14/2015. [ ] [ , ] (MDH) [Entered: 10/14/ :16 PM]

14 14 of 14 10/15/2015 4:28 PM Documents and Docket Summary Documents Only Include Page Numbers Selected Pages: Selected Size: