ACCEPTED 05-16-00763-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 1/30/2018 12:57 PM LISA MATZ CLERK

FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 1/30/2018 12:57:43 PM January 30, 2018 LISA MATZ Clerk

VIA ELECTRONIC FILING Lisa Matz, Clerk Fifth Court of Appeals Commerce St., Suite 200 Dallas, TX 75202 Re: No. 05‐16‐00763‐CV; The Fan Expo, LLC v. National Football League, et al.

Dear Ms. Matz: I write in response to the letter brief submitted by the NFL’s counsel yesterday, and I would appreciate you forwarding this letter to the panel for tomorrow’s argument.

The Hansen case involved communications among “a web of organizations . . . all owned by Community Health Systems, Inc.” Undisputed evidence showed that within that “web,” an entity called “REAP” did “little more than hire and fire physicians,” and received advice on “financial, operational, and quality” issues from another entity called “PSC.” Comm. Health Systems Prof. Servcs. v. Hansen, 525 S.W.3d 671, 698‐99 (Tex. 2017).

Accordingly, the court correctly held that “the record does not reveal any factual dispute as to whether PSC had the legal right to provide input and advice to the REAP Board regarding the employment of physicians.” Id. at 699.

In sharp contrast, the NFL tried to conceal from scrutiny the CBA that its alleged rights are based upon. Just yesterday, this Court reversed a summary judgment for the defendant in Medina v. Michelin North America, reminding that “[a] motion for summary judgment must ‘stand or fall on the grounds expressly presented in the motion.’” No. 05‐ Lisa Matz, Clerk Fifth Court of Appeals January 30, 2018 Page Two

16‐00794‐CV, slip op. at 5 (quoting McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337, 341 (Tex. 2017)). The NFL’s defective motion did not satisfy that standard.

Sincerely,

David S. Coale DSC:kr cc: VIA ELECTRONIC SERVICE Counsel of Record