STIPULATION AND [PROPOSED] ORDER AMENDING JUDGMENT [DKT. NO. 293] TO CERTIFY FINAL. JUDGMENT UNDER RULE 54(b)

CLAUDIA WILKEN, Chief District Judge.

WHEREAS, on August 8, 2014, the Court entered Judgment in favor of the Plaintiffs against the Defendant National Collegiate Athletic Association (NCAA) [Dkt. No. 293], and further clarified that Judgment by Order entered August 19, 2014 [Dkt. No. 298] (collectively, the "Judgment"); and

WHEREAS, although the Court has finally resolved Plaintiffs' claims against the NCAA, the Court has not yet finally approved the settlement of Plaintiffs' claims against Defendants Electronic Arts, Inc. ("EA") and Collegiate Licensing Company ("CLC"), and therefore the Judgment against the NCAA resolves claims against "fewer than all" parties to the case and does not constitute a final judgment under Federal Rule of Civil Procedure 54(b); and

WHEREAS, although the NCAA has filed a notice of appeal [Dkt. No. 299], and the Court of Appeals has jurisdiction under 28 U.S.C. § 1292(a)(1), over "orders . . . granting . . . injunctions," and orders and decisions that are "inextricably bound up with the grant of the . . . injunction," see, e.g., Paige v. State of Cal., 102 F.3d 1035, 1039 (9th Cir. 1996), § 1292(a)(1) does not vest the Court of Appeals with jurisdiction to consider questions unrelated to the permanent injunction; and

WHEREAS, as a result of the current posture of the Judgment, the NCAA may not appeal the Judgment under 28 U.S.C. § 1291 until this Court certifies that judgment as final under Rule 54(b) or—likely several months from now, at least—enters final judgment on Plaintiffs' claims against CLC and EA, thereby "adjudicating all the claims and all the parties' rights and liabilities." Fed. R. Civ. P. 54(b).

NOW, THEREFOR, the parties stipulate that that Court's Judgment of August 8, 2014 [Dkt. No. 293], as clarified on August 19, 2014 [Dkt. No. 298], should be amended to provide that the Judgment is CERTIFIED as a Final Judgment pursuant to Federal Rule of Civil Procedure 54(b), on the ground that there is no just reason for delay of the entry of final judgment as to all of Plaintiffs' claims against the NCAA, as supported by the following considerations:

First, a Rule 54(b) certification promotes judicial efficiency. The Ninth Circuit already has jurisdiction over the NCAA's appeal of this Court's order granting a permanent injunction and related orders. See 28 U.S.C. § 1292(a)(1); Paige, 102 F.3d at 1039. A Rule 54(b) certification would ensure that the Court of Appeals also has jurisdiction over any other issues relating to Plaintiffs' claims against the NCAA. Without a certification, the Ninth Circuit might have to resolve two separate appeals relating to the same claims and parties. Second, the Judgment resolved all of Plaintiffs' claims against the NCAA. Plaintiffs' claims against the only other defendants, EA and CLC, are the subject of a settlement. If the settlement receives final approval, then there will not be any later appeal that shares common issues with an appeal taken now from the judgment against the NCAA. Third, the equities support entering partial final judgment under Rule 54(b) because it is in the parties' interest to obtain a prompt and complete resolution of all grounds for appeal through a single proceeding.

Accordingly, it is hereby stipulated by and between the parties that that Court's Judgment of August 8, 2014 [Dkt. No. 293], as clarified on August 19, 2014 [Dkt. No. 298], is CERTIFIED as a final judgment pursuant to Rule 54(b).

[PROPOSED] ORDER

GOOD CAUSE APPEARING THEREFOR, IT IS SO ORDERED.