Case 2:15-cv-03378-JFW-MRW Document 125-1 Filed 07/29/16 Page 1 of 4 Page ID

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Attorneys for Plaintiffs

Golden Boy Promotions, LLC, Golden Boy
Promotions, Inc. and Bernard Hopkins
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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1900 Avenue of the Stars, 21st Floor
Los Angeles, California 90067-4590

GREENBERG GLUSKER FIELDS CLAMAN

& MACHTINGER LLP

BERTRAM FIELDS (SBN 024199)

BFields@ggfirm.com
RICARDO P. CESTERO (SBN 203230)
RCestero@GreenbergGlusker.com
JAMES R. MOLEN (SBN 260269)
JMolen@GreenbergGlusker.com
GREENBERG GLUSKER FIELDS
CLAMAN & MACHTINGER LLP
1900 Avenue of the Stars, 21st Floor
Los Angeles, California 90067-4590
Telephone: 310.553.3610
Fax: 310.553.0687

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GOLDEN BOY PROMOTIONS, LLC,

GOLDEN BOY PROMOTIONS, INC.
and BERNARD HOPKINS,

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Plaintiffs,
v.
ALAN HAYMON, ALAN HAYMON
DEVELOPMENT, INC., HAYMON
HOLDINGS, LLC, HAYMON
SPORTS, LLC, HAYMON BOXING
MANAGEMENT, and HAYMON
BOXING LLC,
Defendants.

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Case No. 2:15-cv-03378 JFW (MRWx)

Assigned to Hon. John F. Walter
DECLARATION OF BERTRAM
FIELDS IN SUPPORT OF MOTION
TO CONTINUE TRIAL DATE
Date:
Time:
Place:

August 29, 2016

1:30 p.m.
Courtroom 16

Complaint Filed: May 5, 2015

SAC Filed: January 20, 2016

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17896-00617/2644157.1

DECLARATION OF BERTRAM FIELDS

Case 2:15-cv-03378-JFW-MRW Document 125-1 Filed 07/29/16 Page 2 of 4 Page ID

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Bertram Fields declares as follows:

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Boy Promotions, Inc. and Bernard Hopkins (Plaintiffs) in the above entitled

action. I have personal knowledge of the facts set forth in this declaration and if

called a witness, I could and would competently testify thereto.

2.

I was admitted to the California Bar in 1953. In 1955, after serving in

the Air Force, I began the practice of law in Los Angeles, with an emphasis on civil

litigation. I have been doing that ever since, trying cases in various federal and

state courts.

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1900 Avenue of the Stars, 21st Floor
Los Angeles, California 90067-4590

GREENBERG GLUSKER FIELDS CLAMAN

& MACHTINGER LLP

I am lead counsel for Plaintiffs Golden Boy Promotions LLC, Golden

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For the past six years, I have also taught a course one quarter a year at

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Stanford Law School, which, of course, involves flying to Northern California. I

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am committed to teach the course there in the academic year 2016-17. The Law

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School has set my course for the Winter quarter 2017, i.e., from January 13 to

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March 10, 2017. The course is three hours every Friday morning. I believe

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students have already signed up for it.

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4.

This case is a complex antitrust action involving many contested

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issues. Plaintiffs originally estimated that the trial would require at least 10 trial

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days. Defendants stated that it would be premature even to estimate the length of

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the trial.

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5.

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The Court estimated the length of the trial as only 4 days and set

January 31, 2017 as the trial date.

6.

If this were only a four day trial starting on January 31, 2017, a guest

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lecturer or my co-instructor could cover my single missed lecture at Stanford on

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February 3, 2017. But, having tried numerous cases for over 50 years, I can

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represent to the Court with confidence that, even with exceptional diligence by

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counsel, this case cannot be tried in four days or anything close to that very limited

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period. Now that we can see the many and complex issues to be tried, even our

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original estimate of at least 10 days may have been optimistic.

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DECLARATION OF BERTRAM FIELDS

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1900 Avenue of the Stars, 21st Floor

Los Angeles, California 90067-4590

GREENBERG GLUSKER FIELDS CLAMAN

& MACHTINGER LLP

7.

To illustrate why I say this, the issues to be tried include, among

others, the proper definition of the market for managing elite boxers, the proper

definition of the market for promoting such boxers, the extent of interchangeability

and cross-elasticity of demand with respect to such management and promotion,

whether defendants have functioned as a boxing manager for numerous elite

boxers, whether, at the same time, defendants have functioned as a boxing promoter

for such boxers or had a financial interest in such a boxing promoter (an anti-

competitive violation of the Muhammad Ali Boxing Reform Act), whether

defendants have used exclusivity provisions in their agreements with elite boxers

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and others to exclude plaintiffs from competing to promote such boxers and from

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obtaining other elements essential to the boxing promotion business, whether

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defendants have paid hundreds of millions of dollars to buy up television air time

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on every network, using contractual exclusivity provisions to exclude plaintiffs

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from the television exhibition of bouts essential to plaintiffs promotional business,

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whether defendants used improper methods to exclude plaintiffs from choice

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boxing venues on favorable dates, and whether defendants have engaged in the

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other forms of anti-competitive conduct alleged by plaintiffs, the impact of

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defendants anti-competitive conduct on competition, the extent of defendants

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present share of the market for managing elite boxers, the extent of defendants

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present share of the market for promoting elite boxers, the barriers to entry in the

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market for managing elite boxers, the barriers to entry in the market for promoting

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elite boxers, the likelihood of defendants using their dominance in the market for

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managing elite boxers and their anti-competitive conduct to obtain monopoly power

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in the market for promoting such boxers, and the damages incurred by plaintiffs as

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a proximate result of defendants unlawful conduct.

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Each of these issues is contested, and many break down into multiple subissues. Many will require a detailed factual analysis of multiple transactions. The

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DECLARATION OF BERTRAM FIELDS

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trial will require a substantial number of percipient witnesses for each side, as well

as extensive expert testimony.

1900 Avenue of the Stars, 21st Floor

Los Angeles, California 90067-4590

GREENBERG GLUSKER FIELDS CLAMAN

& MACHTINGER LLP

8.

Even with diligent efforts by counsel to streamline and expedite the

process, the necessary length of a trial commencing on January 31 would

necessarily preclude compliance with my teaching commitment at Stanford Law

School. I recognize that my first obligation is to comply with the requirements of

this Court and that the Court undoubtedly has a busy calendar and many things to

consider besides my personal and professional problems. Given the circumstances,

however, I respectfully request a brief continuance of the trial date from January 31,

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2017 to March 13, 2017, the first court date after my final class at Stanford Law

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School, or such date thereafter as the Court may deem proper.

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I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.

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Executed at Los Angeles, California, this 29th day of July, 2016.

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/s/ Bertram Fields
BERTRAM FIELDS

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17896-00617/2644157.1

DECLARATION OF BERTRAM FIELDS