Hanes Answer (Mendenhall).Pdf

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF NORTH CAROLINA

Civil Action No. 11-cv-570

RASHARD MENDENHALL, JURY TRIAL DEMANDED

Plaintiff, ANSWER AND AFFIRMATIVE

v. DEFENSES

HANESBRANDS INC.

Defendant

Defendant Hanesbrands Inc. (“Hanesbrands” or “Defendant”), by and through its attorneys, Proskauer Rose LLP and Womble Carlyle Sandridge & Rice, PLLC, hereby answers the Complaint of Rashard Mendenhall (“Plaintiff” or “Mendenhall”) as follows:

INTRODUCTION AND NATURE OF THE CASE

1. Hanesbrands admits the allegations in the first sentence of paragraph 1 of the Complaint. Hanesbrands states that the second sentence of paragraph 1 is a statement of opinion (as opposed to a factual allegation) such that no response is required; to the extent it purports to contain statements of fact, Hanesbrands is without knowledge or information sufficient to form a belief as to the truth of those allegations, and therefore denies them. Hanesbrands lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations of paragraph 1, and therefore denies them.

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2. Hanesbrands admits that in May 2008 the parties entered into the Talent

Agreement (the “Talent Agreement”), and refers the Court to the Talent Agreement

(Complaint, Ex. A) for its contents. Hanesbrands further admits that in 2010 the parties entered into the Amendment and Extension of Hanesbrands Inc. Talent Agreement (the

“Extension Agreement”), which modified the terms of the Talent Agreement, including, inter alia , extending the Term of Plaintiff’s services through April 30, 2015, and replacing Paragraph 17(a) of the Talent Agreement with Section 3 of the Extension

Agreement, and otherwise refers the Court to the Extension Agreement (Complaint, Ex.

B) for its contents. Hanesbrands denies the remaining allegations of paragraph 2.

3. Hanesbrands denies the allegations in paragraph 3 of the Complaint, except

Hanesbrands admits that on or about May 5, 2011, it notified Plaintiff by letter of

Hanesbrands’ intent to exercise its contractual right to terminate Plaintiff based on his violation of Paragraph 17(a) of the Talent Agreement as amended by Section 3 of the

Extension Agreement, and refers the Court to the letter (Complaint, Ex. C) for its contents.

4. Hanesbrands admits that Plaintiff has filed a Complaint which purports to allege a claim for breach of the Talent Agreement, and seeks damages in excess of $1 million dollars, and otherwise denies Plaintiff’s characterization of the aforementioned

Complaint. Hanesbrands states that the remaining allegations contained in paragraph 4 of the Complaint are matters of opinion and/or conclusions of law (as opposed to allegations

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of fact) such that no response is required of Hanesbrands. To the extent that paragraph 4 purports to contain allegations of fact, Hanesbrands denies them.

PARTIES

5. Hanesbrands is without knowledge or information sufficient to form a belief as to the truth of those allegations, and therefore denies them.

6. Hanesbrands admits the allegations of paragraph 6 of the Complaint.

JURISDICTION AND VENUE

7. Hanesbrands admits that, in commencing this action, Plaintiff has made allegations that invoke the jurisdiction of this court, but, at this time, is otherwise without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 7 of the Complaint and therefore denies them.

8. Hanesbrands admits that Section 23 of the Talent Agreement pertains to the parties’ choice of Governing Law and Venue, refers the Court to Section 23 for its contents (Complaint, Ex. A at 10), and otherwise denies the allegations in paragraph 8 of the Complaint.

9. Hanesbrands admits that Section 23 of the Talent Agreement pertains to the parties’ choice of Governing Law and Venue, refers the Court to Section 23 for its contents ( Id. ), and otherwise denies the allegations in paragraph 9 of the Complaint.

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BACKGROUND FACTS

The Talent Agreement

10. Hanesbrands admits that on or about May 22, 2008 the parties entered into the Talent Agreement, refers the Court to the Talent Agreement (Complaint, Ex. A) for its contents, and otherwise denies the allegations contained in paragraph 10 of the

Complaint.

11. Regarding paragraph 11 of the Complaint, Hanesbrands refers the Court to

Paragraph 4 of the Talent Agreement for its contents (Complaint, Ex. A at 1-2), and otherwise denies the allegations contained in paragraph 11 of the Complaint.

12. Regarding paragraph 12 of the Complaint, Hanesbrands refers the Court to

Paragraph 17 of the Talent Agreement (Complaint, Ex. A at 7) for its contents, and otherwise denies the allegations contained in paragraph 12 of the Complaint.

13. Hanesbrands admits that it paid Plaintiff the amounts due to him under the

Talent Agreement. Hanesbrands is otherwise without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 13, and therefore denies them.

The 2010 Extension of the Talent Agreement

14. Hanesbrands admits that the parties executed the Extension Agreement on or about August 31, 2010, refers the Court to the aforementioned Agreement for its contents (Complaint, Ex. B), and otherwise denies the allegations contained in paragraph

14 of the Complaint.

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15. Hanesbrands admits that Section 1 of the Extension Agreement contains provisions concerning the Nature of Services required of Plaintiff during the Term of the agreement, including a provision entitled “Social Media,” and refers the Court to these provisions of the Agreement for their contents (Complaint, Ex. B at 1-2). Hanesbrands denies Plaintiff’s characterization of the “Social Media” provision (Section 1(d)) of the

Extension Agreement, and otherwise denies any remaining allegations contained in paragraph 15 of the Complaint.

16. Hanesbrands admits that Section 2 of the Extension Agreement contains provisions concerning the Compensation of Plaintiff during the term of the agreement, refers the Court to these provisions for their contents (Complaint, Ex. B at 2-4), and otherwise denies any remaining allegations contained in paragraph 16 of the Complaint.

17. Hanesbrands admits that the Extension Agreement modifies the Talent

Agreement to replace Paragraph 17(a) of the Talent Agreement with Section 3 of the

Extension Agreement, refers the Court to Section 3 for its contents (Complaint, Ex. B at

4), and otherwise denies any remaining allegations contained in paragraph 17 of the

Complaint.

Mr. Mendenhall’s Use of Twitter

18. Hanesbrands is without knowledge or information sufficient to form a belief as to the truth of the allegations in the first sentence of paragraph 18, and therefore denies them. Hanesbrands admits the remaining allegations in paragraph 18.

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19. Hanesbrands admits that Plaintiff’s public Twitter profile describes him as a “Conversationalist and Professional Athlete.” (Attached hereto as Ex. 1) Hanesbrands is otherwise without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 19, and therefore denies them.

20. Hanesbrands is without knowledge or information sufficient to form a belief as to the truth of the allegations in the first sentence of paragraph 20, and therefore denies them. With regard to the second sentence of paragraph 20, Hanesbrands refers the

Court to the referenced article for its contents, and denies any remaining allegations contained in paragraph 20.

21. Hanesbrands states that the comments concerning @Adrian Peterson listed in paragraph 21 appeared in Plaintiff’s Twitter feed on or about March 15, 2011, and otherwise lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 21, and therefore denies them.

22. Hanesbrands lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 22, and therefore denies them.

23. Hanesbrands states that the comments listed in paragraph 23 appeared in

Plaintiff’s Twitter feed on or about March 16, 2011, and otherwise lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 23, and therefore denies them.

24. Hanesbrands states that the comments listed in paragraph 24 appeared in

Plaintiff’s Twitter feed on or about March 27, 2011, and otherwise lacks knowledge or

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information sufficient to form a belief as to the truth of the allegations in paragraph 24, and therefore denies them.

25. Hanesbrands denies the allegations in paragraph 25 to the extent they imply: 1) that Hanesbrands agreed or approved of the aforementioned comments; 2)

Hanesbrands was obligated under the contract to “take action” or provide plaintiff with any notice concerning the aforementioned comments; and/or 3) that Hanesbrands right to terminate the Talent Agreement after Plaintiff’s May 2, 2011 comments concerning the death of Osama bin Laden and the terrorist attacks of September 11, 2001 was in any way dependent on Hanesbrands taking action or failing to take action with regard to the aforementioned comments.

26. Hanesbrands is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 26, and therefore denies them.

27. Hanesbrands denies the allegations in paragraph 27, to the extent they imply: 1) that Hanesbrands agreed or approved of the aforementioned comments; 2)

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28. Hanesbrands states that the comments listed in paragraph 28 appeared in

Plaintiff’s Twitter feed on or about April 21, 2011, and otherwise lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 28, and therefore denies them.

29. Hanesbrands denies the allegations in paragraph 29 to the extent they imply: 1) that Hanesbrands agreed or approved of the aforementioned comments; 2)

30. Hanesbrands states that the comments listed in paragraph 30 appeared in

Plaintiff’s Twitter feed on or about May 1, 2011, and otherwise lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 30, and therefore denies them.

31. Hanesbrands denies the allegations in paragraph 31, to the extent they imply: 1) that Hanesbrands agreed or approved of the aforementioned comments; 2)

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death of Osama bin Laden and the terrorist attacks of September 11, 2001 was in any way dependent on Hanesbrands taking action or failing to take action with regard to the aforementioned comments.

32. Hanesbrands is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 32, and therefore denies them.

Mendenhall’s Tweets on May 2 and 4, 2010 [ sic ]

33. Hanesbrands admits that on Sunday, May 1, 2011, President Obama informed the nation that Osama bin Laden had been killed in Pakistan by U.S. military forces. Hanesbrands is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 33 of the Complaint, and therefore denies them.

34. Hanesbrands states that the allegations contained in paragraph 34 of the

Complaint are matters of opinion (as opposed to allegations of fact) such that no response is required of Hanesbrands. To the extent that the remaining sentence of paragraph 34 purports to contain allegations of fact, Hanesbrands is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein, and therefore denies them.

35. Hanesbrands admits that paragraph 35 of the complaint contains a list of some, but not all of the May 2, 2011 comments that Plaintiff posted to his Twitter feed concerning the death of Osama bin Laden and/or the events of September 11, 2001, refers

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the Court to the comments for their contents, and otherwise denies the allegations contained in paragraph 35 of the Complaint. See Exhibits 2, 3 and 4, attached hereto.

36. Hanesbrands is without knowledge or information sufficient to form a belief as to the truth of the allegations in the first sentence of paragraph 36 of the

Complaint. Hanesbrands admits that on or about May 4, 2011, Plaintiff created a blog post which addressed his May 2 nd statements and made additional statements concerning the death of Osama bin Laden and the events of September 11, 2001 (attached hereto as

Ex. 5), and otherwise denies the remaining allegations of paragraph 36 of the Complaint.

37. Hanesbrands is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 37 of the Complaint, and therefore denies them.

Hanesbrand’s Decision to Terminate Talent Agreement

38. Hanesbrands admits that on or about May 5, 2011, Hanesbrands’ Associate

General Counsel L. Lynnette Fuller-Andrews, sent a letter to Rob Lefko at Priority Sports and Entertainment, refers the Court to the aforementioned letter for its contents

(Complaint, Ex. C), and otherwise denies the allegations of paragraph 38 of the

Complaint.

39. Hanesbrands admits that Champion issued a public statement to ESPN concerning its decision to end its business relationship with Plaintiff, and that Exhibit D to the Complaint appears to be an article accurately reprinting such statement, refers the

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Court to the referenced statement for its contents, and otherwise denies the allegations of paragraph 39 of the Complaint.

40. Hanesbrands admits the allegations in the first sentence of paragraph 40 of the Complaint. In response to the second sentence of paragraph 40 of the Complaint,

Hanesbrands refers the Court to the referenced letter for its contents (Complaint, Ex. E), and otherwise denies the allegations of contained therein.

41. Hanesbrands admits that on or about May 11, 2011, Hanesbrands’

Associate General Counsel L. Lynnette Fuller-Andrews, sent a letter to Rick Smith,

General Counsel of Priority Sports and Entertainment, refers the Court to the aforementioned letter for its contents (Complaint, Ex. F), and otherwise denies the allegations of paragraph 41 of the Complaint.

42. Hanesbrands admits that on or about May 18, 2011, Mr. Smith sent a letter to Ms. Fuller-Andrews, refers the Court to the aforementioned letter for its contents

(Complaint, Ex. G), and states that on May 20, 2011 Ms. Fuller-Andrews replied to Mr.

Smith’s May 18 th letter (attached hereto as Exhibit 6), reiterating Hanesbrands’ position that the Talent Agreement had been terminated and that no further amounts were due to

Plaintiff under the Talent Agreement. Hanesbrands otherwise denies the allegations of paragraph 42 of the Complaint.

43. Hanesbrands denies the allegations contained in paragraph 43 of the

Complaint.

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44. Hanesbrands denies the allegations contained in paragraph 44 of the

Complaint.

COUNT I

(Breach of the Talent Agreement and Extension)

45. In response to paragraph 45 of the Complaint, Hanesbrands incorporates by reference and re-alleges its responses to the allegations contained in paragraphs 1 through

44 of the Complaint.

46. Hanesbrands admits the allegations contained in paragraph 46 of the

Complaint.

47. Hanesbrands lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 47 of the Complaint, and therefore denies them.

48. Hanesbrands denies the allegations contained in paragraph 48 of the

Complaint.

49. Hanesbrands denies the allegations contained in paragraph 49 of the

Complaint.

WHEREFORE, Hanesbrands respectfully requests that this Court order the dismissal Plaintiff’s Complaint, with prejudice, along with such other and further relief as this Court deems appropriate.

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AFFIRMATIVE DEFENSES

Hanesbrands asserts the following affirmative defenses, without conceding that it has the burden of proof or persuasion as to any of them.

First Affirmative Defense

The Complaint fails to state a claim for which relief can be granted.

Second Affirmative Defense

Plaintiff’s claim is barred in whole or in part because Hanesbrands has fully performed all contractual and statutory obligations on its part to be performed except as prevented or excused by the conduct of Plaintiff, and Plaintiff is therefore estopped from asserting any cause of action herein.

Third Affirmative Defense

Any damages incurred by Plaintiff are the result of his own failure to perform his contractual obligations, and Plaintiff is therefore estopped from asserting any cause of action herein.

Fourth Affirmative Defense

Plaintiff is barred from recovering any damages, injuries, and/or losses from

Defendant because of Plaintiff’s prior material breach of the Talent Agreement.

Fifth Affirmative Defense

Plaintiff’s claim is barred in whole or in part because Plaintiff failed to fulfill conditions precedent and/or subsequent to the Talent Agreement by, among other things, failing to perform his obligations in a competent and satisfactory manner.

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Sixth Affirmative Defense

Plaintiff’s claim is barred in whole or in part because under the plain language of

Paragraph 17(a) of the Talent Agreement, as amended by Section 3 of the Amendment and Extension of Hanesbrands Inc. Talent Agreement (Complaint, Ex. B at 4),

Hanesbrands had “the right to immediately terminate [the] Agreement” if Plaintiff became involved “in any situation or occurrence…tending to bring Mendenhall into public disrepute, contempt, scandal or ridicule, or tending to shock, insult or offend the majority of the consuming public or any protected class or group thereof….” ( Id. )

Furthermore, the Complaint admits that under Paragraph 17(a) “HBI’s decision on all matters arising under this Section 17(a) shall be conclusive.” ( Id. ) The broad termination right granted to Hanesbrands in Paragraph 17(a), as amended by Section 3 of the

Extension Agreement, was specifically bargained for by Hanesbrands, and agreed to by

Plaintiff, and Hanesbrands was well within its contractual rights to exercise such termination right in light of the well-publicized negative public reaction to Plaintiff’s statements ( see, e.g., Exs. 7, 8, 9 and 10 attached hereto) concerning the death of Osama bin Laden and the terrorist attacks of September 11, 2001.

Seventh Affirmative Defense

Plaintiff’s claim is barred in whole or in part because Plaintiff breached the covenant of good faith and fair dealing.

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Eighth Affirmative Defense

Plaintiff’s claim is barred, in whole or in part, by the doctrine of estoppel, waiver and/or unclean hands.

Dated: August 30, 2011

_/s/ John F. Morrow, Jr. ______

John F. Morrow, Jr. (N.C. State Bar No. 23382) Brent F. Powell (N.C. State Bar No. 41938) Womble Carlyle Sandridge & Rice, PLLC One West Fourth Street Winston-Salem, NC 27101 United States of America Telephone: (336) 721-3584 Facsimile: (336) 733-8429 [email protected] [email protected]

Brendan J. O’Rourke Victoria L. Loughery PROSKAUER ROSE LLP 11 Times Square New York, New York 10036-8299 Telephone: (212) 969-3000 Facsimile: (212) 969-2900 [email protected] [email protected]

Attorneys for Defendant Hanesbrands Inc.

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CERTIFICATE OF SERVICE

This to certify that on this the 30 th day of August, 2011, I electronically filed the foregoing document with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following:

DAVID WILLIAM SAR: [email protected]

ERIC M. DAVID: [email protected]

RICHARD H. TILGHMAN: [email protected]

STEVEN J. THOMPSON: [email protected]

/s/ John F. Morrow, Jr. John F. Morrow, Jr. (N.C. State Bar No. 23382)

Case 1:11-cv-00570-JAB-LPA Document 10 Filed 08/30/11 Page 16 of 16

Exhibit 1

Case 1:11-cv-00570-JAB-LPA Document 10-1 Filed 08/30/11 Page 1 of 2 Rashard Mendenhall (R_Mendenhall) on Twitter Page 1 of 94

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Rashard Mendenhall @R_Mendenhall Conversationalist and Professional Athlete

Follow Text follow R_Mendenhall to your carrier's shortcode

• Tweets Fi

Case 1:11-cv-00570-JAB-LPA Document 10-1 Filed 08/30/11 Page 2 of 2

Exhibit 2

Case 1:11-cv-00570-JAB-LPA Document 10-2 Filed 08/30/11 Page 1 of 3 Rashard Mendenhall (R_Mendenhall) on Twitter Page 39 of 94

10 May »

Felonious_munk Munk by R_Mendenhall Grown ups still fist fighting for respect? That's what's up...*nods 10 May »

R_Mendenhall Rashard Mendenhall Thank you for kind words from around the world... #freethinkers #love #humans 8 May »

R_Mendenhall Rashard Mendenhall For clarification on what I was trying to say, read this blog... http://r34mendenhall.blogspot.com/ 4 May »

R_Mendenhall Rashard Mendenhall There is not an ignorant bone in my body. I just encourage you to #think 2 May »

R_Mendenhall Rashard Mendenhall For those of you who said you want to see Bin Laden burn in hell and piss on his ashes, I ask how would God feel about your heart? 2 May »

R_Mendenhall Rashard Mendenhall Those who judge others, will also be judged themselves. 2 May »

R_Mendenhall Rashard Mendenhall I believe in God. I believe we're ALL his children. And I believe HE is the ONE and ONLY judge. 2 May »

http://twitter.com/Case 1:11-cv-00570-JAB-LPA Document 10-2 Filed 08/30/11 Page 2 of 3 8/29/2011 Rashard Mendenhall (R_Mendenhall) on Twitter Page 40 of 94

R_Mendenhall Rashard Mendenhall What kind of person celebrates death? It's amazing how people can HATE a man they have never even heard speak. We've only heard one side... 2 May »

Felonious_munk Munk by R_Mendenhall most controversial... 250 views in 30 minutes. Munk Presents: STOP IT B! Special Edition "Bin Laden Is Dead..... youtube.com/watch?v=kpRYJh… 2 May »

IslamicThinking Islamic Thoughts by R_Mendenhall It is impossible to defeat an ignorant man in argument. Solution, DON'T ARGUE. #islam #wisdom #think 2 May »

bolastname Colonel Slanders by R_Mendenhall Man I'll be 1st to tell u, da only thing niggas challenge u to be is more ignorant 2 May »

R_Mendenhall Rashard Mendenhall Thank you RT @TaurusBone: @R_Mendenhall one of the best timelines I've seen on twitter. Very impressive young man and good role model. 1 May »

shiny1967 Steve Shreve by R_Mendenhall @ @R_Mendenhall everything you say is 100% true! Thanks for saying shit everyone is thinking! 1 May »

R_Mendenhall Rashard Mendenhall

http://twitter.com/Case 1:11-cv-00570-JAB-LPA Document 10-2 Filed 08/30/11 Page 3 of 3 8/29/2011

Exhibit 3

Case 1:11-cv-00570-JAB-LPA Document 10-3 Filed 08/30/11 Page 1 of 3 Pittsburgh Steelers' Rashard Mendenhall is not convinced bin Laden was involved in 9/11 | clevel... Page 1 of 7

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Home > Starting Blocks > NFL Pittsburgh Steelers' Rashard Mendenhall is not convinced bin Laden was involved in 9/11

Published: Tuesday, May 03, 2011, 10:09 AM Updated: Tuesday, May 03, 2011, 4:34 PM

By Starting Blocks Follow

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Pittsburgh Steelers running back Rashard Mendenhall isn’t convinced Osama bin Laden was Mor involved in 9/11. Mo

Seriously. Sta com Apparently, Mendenhall isn't alone. 2

Mendenhall also wonders why so many Americans celebrated the news of bin Laden's death. 1 Mendehall posted such things on his Twitter which includes:

We'll never know what really happened. I just have a hard time believing a plane could take a skyscraper down demolition style. 1

http://www.cleveland.com/ohio-sCase 1:11-cv-00570-JAB-LPAports-blog/index.ssf/2011/05/ Document 10-3pittsbur Filedgh_ steelers08/30/11_rashard Page_me.html 2 of 3 8/29/2011 Pittsburgh Steelers' Rashard Mendenhall is not convinced bin Laden was involved in 9/11 | clevel... Page 2 of 7

I'm not convinced he was even behind the attacks we have really seen no evidence to prove it other than the gov telling us.

What kind of person celebrates death? It's amazing how people can HATE a man they have never even heard speak. We've only heard one side.

It's bad enough that Mendenhall plays for the Steelers, and of course everyone has the right to their own Mos opinion, but how will these comments fly when the Steelers visit the other Us com eight cities on their schedule?

Dave Martin / Associated Press

Rashard Mendenhall

Related topics: 911, football, nfl, osama bin laden, pittsburgh steelers, Rashard Mendenhall

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Exhibit 4

Case 1:11-cv-00570-JAB-LPA Document 10-4 Filed 08/30/11 Page 1 of 3 Mendenhall deletes his “truther” tweet | ProFootballTalk Page 1 of 32

ProFootballTalk

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http://profootballtalk.nbcsCase 1:11-cv-00570-JAB-LPAports.com/2011/05/03/mendenhall-deletes-his-truthe Document 10-4 Filed 08/30/11r-tweet /Page 2 of 3 8/30/2011 Mendenhall deletes his “truther” tweet | ProFootballTalk Page 2 of 32

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Posted by Mike Florio on May 3, 2011, 4:07 PM EDT

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We’ve been keeping a close eye on the Twitter page of Steelers running back Rashard Mendenhall for any further messages addressing his eyebrow-raising comments from Monday regarding Osama bin Laden and 9/11. Though no new messages have appeared, Mendenhall quietly has censored one of his tweets.

Gone into the Internet abyss is the following message, which expresses skepticism regarding the notion that hijacked planes took down the World Trade Center: “We’ll never know what really happened. I just have a hard time believing a plane could take a skyscraper down demolition style.”

As far as we can tell, Mendenhall has dumped no other messages (including the one in which Mendenhall says “[w]e’ve only heard one side“) and he has not posted any new ones yet.

We’ve got a feeling that football fans — particularly Steelers fans — will continue to seethe at least until Mendenhall provides a full and complete apology.

http://profootballtalk.nbcsCase 1:11-cv-00570-JAB-LPAports.com/2011/05/03/mendenhall-deletes-his-truthe Document 10-4 Filed 08/30/11r-tweet /Page 3 of 3 8/30/2011

Exhibit 5

Case 1:11-cv-00570-JAB-LPA Document 10-5 Filed 08/30/11 Page 1 of 4 Clarification Page 1 of 3

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Clarification

WEDNESDAY, MAY 4, 2011

I appreciate those of you who have decided to read this letter and attain a FOLLOWERS greater understanding of my recent twitter posts. I see how they have gotten misconstrued, and wanted to use this outlet as a way to clear up all things that do not Join this site truthfully represent myself, what I stand for personally, and any organization that I am a with Google Friend Connect

part of. Members (231) More » First, I want people to understand that I am not in support of Bin Laden, or against the USA. I understand how devastating 9/11 was to this country and to the people whose families were affected. Not just in the US, but families all over the world who had relatives in the World Trade Centers. My heart goes out to the troops who fight for our freedoms everyday, not being certain if they will have the opportunity to return home, and the families who watch their loved ones bravely go off to war. Last year, I was grateful enough to have the opportunity to travel over seas and participate in a football camp put on for the children of US troops stationed in Germany. It was a special experience. These events have had a significant impact in my life. Already a member?Sign in

“What kind of person celebrates death? It's amazing how people can HATE a man they have BLOG ARCHIVE ▼ 2011 (1) never even heard speak. We've only heard one ▼ May (1) side...” I appreciate those of you who have dec...

This controversial statement was something I said in response to the amount of joy I saw in the event of a murder. I don’t believe that this is an issue of politics or ABOUT ME American pride; but one of religion, morality, and human ethics. In the bible, Ezekiel R34Mendenhall 33:11 states, “Say to them, ‘As surely as I live, declares the Sovereign LORD, I take no View my complete pleasure in the death of the wicked, but rather that they turn from their ways and live. profile Turn! Turn from your evil ways!...”. I wasn’t questioning Bin Laden’s evil acts. I believe that he will have to face God for what he has done. I was reflecting on our own hypocrisy. During 9/11 we watched in horror as parts of the world celebrated death on our soil. Earlier this week, parts of the world watched us in horror celebrating a man’s death. Nothing I said was meant to stir up controversy. It was my way to generate conversation. In looking at my timeline in its entirety, everything that I’ve said is with the intent of expressing a wide array of ideas and generating open and honest discussions, something I believe we as American citizens should be able to do. Most opinions will not be fully agreed upon and are not meant to be. However, I believe every opinion should be respected or at least given some thought. I apologize for the timing as such a sensitive matter, but it was not meant to do harm. I apologize to anyone I unintentionally harmed with anything that I said, or any hurtful interpretation that was made and put in my name. It was only meant to encourage anyone reading it to think.

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Exhibit 6

Case 1:11-cv-00570-JAB-LPA Document 10-6 Filed 08/30/11 Page 1 of 2 Case 1:11-cv-00570-JAB-LPA Document 10-6 Filed 08/30/11 Page 2 of 2

Exhibit 7

Case 1:11-cv-00570-JAB-LPA Document 10-7 Filed 08/30/11 Page 1 of 3 Rashard Mendenhall's Osama bin Laden tweets draw criticism - Chicago Tribune Page 1 of 2

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Home → Collections → Rashard Mendenhall Ads By Google Mendenhall's tweets draw criticism Recommend 151 Running back questions events of 9/11 and expresses 2 0 sympathy for bin Laden • S • S May 03, 2011 | By Dan Pompei, Tribune reporter

Rashard Mendenhall is not the kind of running back who is timid about hitting the hole.

He is also apparently not timid about hitting the "tweet" button.

Mendenhall, who went to Niles West High School and the University of Illinois, ignited a Twitter controversy by questioning the events of 9/11 and expressing sympathy for Osama bin Laden.

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His first tweet on the subject read, "What kind of person celebrates death? It's amazing how people can HATE a man they have never even heard speak. We've only heard one side ... "

Then he retweeted a comment that read: "I'm not convinced he was even behind the attacks we Related Articles have really seen no evidence to prove it other than the gov telling us" Twitter comment draws lawsuit Then Mendenhall tweeted: "We'll never know what really happened. I just have a hard time July 29, 2009 believing a plane could take a skyscraper down demolition style." Mendenhall later deleted this Bending over backward to tweet the New tweet. Testament His original tweet thread continued with, "I believe in God. I believe we're ALL his children. And I February 21, 2011 believe HE is the ONE and ONLY judge."

What would Daley tweet? He also tweeted, "For those of you who said you want to see Bin Laden burn in hell ... I ask how June 12, 2009 would God feel about your heart?"

Tweet lawsuit: Chicago Landlord sues ex-tenant Mendenhall's tweets have drawn criticism. Steelers president Art Rooney issued this statement: "I over tweet... have not spoken with Rashard so it is hard to explain or even comprehend what he meant with his July 29, 2009 recent Twitter comments. The entire Steelers' organization is very proud of the job our military personnel have done and we can only hope this leads to our troops coming home soon."

On his Twitter page, Mendenhall identifies himself as a "conversationalist and professional athlete." Find More Stories About This was not the first time he has stirred a Twitter pot. In March, he tweeted that he agreed with Rashard Mendenhall Vikings running back Adrian Peterson's view that the NFL is similar to slavery.

His tweet on that topic: "@AdrianPeterson is correct in his analogy of this game. It is a lot deeper than most people understand. Anyone with knowledge of the slave trade and the NFL could say that these two parallel each other."

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Exhibit 8

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‘Champion’ No More – Rashard Mendenhall’s $750K Tweet

Mistake • Added on May 6, 2011 by George Zoeckler Like 2

Sports apparel manufacturer Champion cut ties today with Pittsburgh Steelers RB Rashard Mendenhall◦ in the wake of the player’s inflammatory tweets in the aftermath of President Obama’s announcement ◦ of the death of Osama Bin Laden. For a bit of background, on May 2, Mendenhall posted the following two tweets: ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦

http://www.generalsentiment.com/bloCase 1:11-cv-00570-JAB-LPAg/champion-rashar Documentd-mendenhalls-750 10-8 Filed 08/30/11k-tweet-mistake Page 2 of 4 8/29/2011 Page 2 of 3

• ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦

•

The tweets were met with swift and near-universal condemnation from a number of news and social media sources, including USA Today, Newsday, Steelers President Art Rooney II and Gawker Media’s Deadspin.com. Mendenhall, who attempted to explain his tweets Wednesday on his personal blog, isn’t the first athlete to get himself into hot water over comments made on Twitter (The Boston Herald wrote a fairly amusing article on just this topic today, in fact.), nor will he be the last. But he does provide an interesting test case on the power of Social Media ‘virality’ to negatively affect a brand (in this case, his own). See the following Sentiment and Volume charts:

Volume and Sentiment Charts for Rashard Mendenhall Since May 1

Mendenhall’s tweet simmered the day it was released, May 2, primarily being passed around Social Media blogs and seeing a number of retweets. However, once News Media caught a whiff of it, the post went viral, causing Mendenhall, who up to this point was averaging around 25 to 100 unique mentions per day online, to be mentioned more than 6,000 times. The backlash had a predictably terrible effect http://www.generalsentiment.com/bloCase 1:11-cv-00570-JAB-LPAg/champion-rashar Documentd-mendenhalls-750 10-8 Filed 08/30/11k-tweet-mistake Page 3 of 4 8/29/2011 Page 3 of 3

on Mendenhall’s Sentiment, causing it drop from a respectable +38 on our Sentiment Index to -68 in just a few days’ time. For comparison’s sake, that’s roughly a ‘Tiger Woods Thanksgiving 2009 level Sentiment drop. In terms of dollar cost, Mendenhall’s already lost $750K in Perception Value, a metric designed to quantify the effects of positive and negative discussion about brands. Nearly $450K of that lost value came from News Media sources alone. And it won’t get any better over the next few days; with Champion’s decision to dump Mendenhall, Social Media and News Media sources will have a whole new negative story to report about Mendenhall, which will likely drop both his Sentiment and Perception Value even further.

What the long term effect to Mendenhall’s brand perception may be remains unknown at this point. He’ll remain radioactive in terms of sponsorships and endorsements for some time, for sure. Interestingly, the more interesting long-term effect might be on athletes’ use of Twitter in general; given the high cost Mendenhall’s already paying, you’ve got to think there are some athletes out there who are thinking to themselves, “This just isn’t worth it!” Judging by Mendenhall’s experience, they may be right.

Tags: General Sentiment, media measurement, Media Value, NFL, Osama Bin Laden, Perception Value, Pittsburgh Steelers, Rashard Mendenhall, Sentiment, Twitter