CASE 0:09-cv-02182-PAM-AJB Document 250 Filed 12/12/12 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

JOHN FREDERICK DRYER, ET AL., Plaintiffs,

Civil No. 09-2182 PAM/AJB

SCHEDULING ORDER v. NATIONAL FOOTBALL LEAGUE, Defendant.

WHEREAS, the Court had previously advised the parties that it intended to issue a revised scheduling order, and WHEREAS, the Court has considered the parties' submissions regarding the same, NOW THEREFORE, IT IS HEREBY ORDERED that the following schedule shall govern these proceedings until further order of the Court: 1. 2. All discovery and litigation shall be stayed for a period of 60 days. Daniel E. Gustafson of the firm of Gustafson Gluek PLLC, 120 South 6th Street, Suite 2600, Minneapolis, Minnesota, is hereby appointed Plaintiff's Lead Settlement Counsel. As Plaintiff's Lead Settlement Counsel, Mr. Gustafson shall have the duty to discuss with the defendants whether settlement of this matter can be achieved. In doing so, Mr. Gustafson shall have a duty to act on behalf of all putative class members in an effort to attempt to reach a fair, reasonable, and adequate settlement on behalf of said members. Mr. Gustafson and counsel for the Defendant shall, consistent with the spirit of Local Rule 16.5, wherein the Court has encouraged and promoted the use of alternative dispute resolution, participate in settlement discussions before the undersigned Magistrate Judge. The discussions shall proceed with a view towards determining whether a class-wide

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settlement can be achieved. The goal of the discussions; to reach a stipulation of settlement for submission to the Honorable Paul A. Magnuson for preliminary approval. 5. Mr. Gustafson and a representative of the Defendant shall meet and confer as soon as possible and shall report to the undersigned, the status of their discussions within 10 days of the date of this Order.

Dated: December 12, 2012 s/ Arthur J. Boylan ARTHUR J. BOYLAN Chief United States Magistrate Judge MEMORANDUM This is a very complex case. The Magistrate Judge has been involved in

facilitating arms length settlement discussions between the Defendant and lead Plaintiff's counsel for a number of months. Because the Court has been extensively supervising the negotiations, it is in a unique position to judge the effectiveness of continuing to allow settlement discussions to continue between Defendant and the three lead litigation counsel for Plaintiffs. Settlement discussions have stalled, in part due to disagreements that have arisen among Plaintiffs three lead counsel. As such, the Court believes it's appropriate to appoint one lawyer to act as Lead Settlement Counsel for the putative class. His responsibility shall be broader than the duties that he may have to an individual client. Instead, as Lead Settlement Counsel his duties are to the class as a whole. The above signed Magistrate Judge will continue to supervise the negotiations. AJB