Case 3:16-cv-00743-SB Document 8 Filed 06/01/16 Page 1 of 7 Per A. Ramfjord, OSB No. 934024 per.ramfjord@stoel.com Kennon Scott, OSB No. 144280 kennon.scott@stoel.com STOEL RIVES LLP 760 SW Ninth Avenue, Suite 3000 Portland, OR 97205 Telephone: (503) 224-3380 Facsimile: (503) 220-2480 Attorneys for Plaintiff Nike, Inc. UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION NIKE USA, INC., an Oregon corporation, Case No. 3:16-cv-00743-SB Plaintiff, DECLARATION OF BEN CESAR v. BORIS BERIAN, an individual California resident, Defendant. I, Ben Cesar, hereby declare as follows: 1. I am currently North America Track and Field Athlete Manager for Nike, Inc. Nike, Inc.’s global sports marketing organization is responsible for seeking, building and establishing formal relationships with sports federations, professional sports leagues and elite professional athletes worldwide, primarily through negotiating endorsement and licensing agreements with professional athletes and sports properties. I submit this declaration in support of Nike USA, Inc.’s (“Nike”) Motion for Temporary Restraining Order and Order to Show Page 1 - DECLARATION OF BEN CESAR 86691587.4 0063718-00220 Case 3:16-cv-00743-SB Document 8 Filed 06/01/16 Page 2 of 7 Cause Why Preliminary Injunction Should Not Issue. The following facts are within my personal knowledge and, if called and sworn as a witness, I could and would testify competently thereto. 2. Nike is the world’s leading innovator in athletic footwear, apparel and equipment. Nike’s success has been built in part by forming endorsement relationships with high-profile athletes across the sporting spectrum. 3. I have worked for Nike, Inc. since September 2010. In my current role, I am involved with all aspects of Nike’s sports marketing, including the management of relationships with Nike’s top track and field athlete, team, league and federation partners. The 2015 Contract 4. Boris Berian is a highly successful runner, having finished fourth in the Monaco Diamond League 800 meter event with the fifth-fastest American mark of all time. He also recently won first place in the 800 meter event at the IAAF World Indoor Championships in Portland, Oregon in March and the Prefontaine Classic in Eugene, Oregon in May. 5. As part of Nike’s endorsement program, Nike entered into a Track & Field Contract with Mr. Berian on June 17, 2015 (the “2015 Contract”). A redacted true and correct copy of the 2015 Contract is attached hereto as Exhibit 1. The 2015 Contract had a nearly sevenmonth term, ending on December 31, 2015, and it gave Nike the exclusive right to Mr. Berian’s endorsement of athletic footwear and apparel throughout the term. 6. The 2015 Contract also included the following right of first refusal provision: During the Contract Period and for a 180-day period thereafter, NIKE shall have a right of first refusal with regard to any bona fide third-party offer received by ATHLETE and which ATHLETE desires to accept. ATHLETE shall submit in writing to NIKE (on the third-party’s letterhead) the specific terms of any such offer. NIKE shall have ten (10) business days from the date of its receipt Page 2 - DECLARATION OF BEN CESAR 86691587.4 0063718-00220 Case 3:16-cv-00743-SB Document 8 Filed 06/01/16 Page 3 of 7 of such third-party offer to notify ATHLETE in writing if it will enter into a new contract with ATHLETE on terms no less favorable to ATHLETE than the material, measurable and matchable terms of such third-party offer. The New Balance Offer and the 2016 Contract 7. On January 19, 2016, Mr. Berian’s agent, Merhawi Keflezighi, emailed me and John Capriotti, Nike, Inc. Global Director of Athletics, an exclusive endorsement offer received by Mr. Berian from New Balance (the “New Balance Offer”). In his email, Mr. Keflezighi noted that Mr. Berian found the offer “agreeable.” That same day, Nike responded asking Mr. Keflezighi to resend the offer on official New Balance letterhead, as required by Section 5 of the 2015 Contract. Mr. Keflezighi did so the next day. Redacted true and correct copies of these emails are attached hereto as Exhibit 2 and Exhibit 3. 8. Three days later, on January 22, 2016, Mr. Capriotti sent a letter to Mr. Keflezighi unequivocally stating that “NIKE matches the New Balance Offer.” A true and correct copy of this letter is attached hereto as Exhibit 4. Nike’s letter specifically matched the seven terms in the attachment Mr. Keflezighi had provided, which consisted of a term sheet, providing for (i) a base fee, (ii) travel allowance, (iii) merchandise allotment, (iv) performance bonuses, (v) track time bonuses, (vi) rollover increases to the base fee and (vii) allowing Mr. Berian to compete under the affiliation of his track club. Notably, the New Balance term sheet was not a full written agreement and was silent on a variety of terms that are standard in track and field endorsement contracts, including reductions, which provide for a reduction of an athlete’s compensation if the athlete fails to perform his or her obligations under the contract or perform consistent with expectations. To date, Mr. Berian has never provided Nike with any evidence suggesting that the full contractual terms proposed by New Balance did not include such industry-standard reductions. Page 3 - DECLARATION OF BEN CESAR 86691587.4 0063718-00220 Case 3:16-cv-00743-SB 9. Document 8 Filed 06/01/16 Page 4 of 7 On February 15, 2016, I followed up by sending Mr. Keflezighi a written agreement to memorialize the terms of Mr. Berian’s new agreement with Nike. It included the seven terms from the New Balance Offer and other standard contractual terms, including industry-standard reductions. After receiving the written agreement, Mr. Keflezighi emailed Nike stating that Mr. Berian “has expressed an interest not to resume a relationship with Nike.” A true and correct copy of this email exchange is attached hereto as Exhibit 5. 10. Thereafter, on February 19, 2016, Nike sent a letter to Mr. Berian, stating that, as of January 22, 2016, Mr. Berian was bound by his new agreement with Nike (the “2016 Contract”). A true and correct copy of this letter is attached hereto as Exhibit 6. 11. In addition, on April 12, 2016, Nike wired Mr. Berian payment for all amounts due to Mr. Berian under the 2016 Contract. After the wire was returned, Nike resent the money on May 3, 2016. Just this afternoon, Nike learned that Mr. Berian had attempted to return this second wire. Nike has also provided Mr. Berian with access to an online store for ordering Nike product as permitted for product allowance under the 2016 Contract. Mr. Berian’s Failure to Abide by His Contracts with Nike 12. Despite his new agreement with Nike, Mr. Berian has been competing in New Balance footwear and apparel. Mr. Berian wore New Balance footwear and apparel while competing at the following events: (1) January 29, 2016 House of Track event in Portland, Oregon, (2) February 14, 2016 New Balance Indoor Games in Boston, Massachusetts, (3) March 11 and 12, 2016 USATF Indoor Track & Field Championships in Portland, Oregon, (4) April 30, 2016 Drake Relays in Des Moines, Iowa and (5) May 28, 2016 Prefontaine Classic in Eugene, Oregon. True and correct copies of images of Mr. Berian competing in New Balance footwear and/or apparel during the term of the 2016 Contract are attached hereto as Exhibit 7. Page 4 - DECLARATION OF BEN CESAR 86691587.4 0063718-00220 Case 3:16-cv-00743-SB 13. Document 8 Filed 06/01/16 Page 5 of 7 Mr. Berian has publicly declared that he is “unrepresented” and has not publicly entered into an endorsement agreement with New Balance. However, it appears that New Balance recently began sponsoring Mr. Berian’s track club, Big Bear Track Club, as evidenced by the New Balance logo appearing on all of the club’s apparel. And Mr. Berian has been promoting New Balance via his social media accounts. For example, several of his Tweets and Instagram posts from March, April and May feature New Balance apparel and/or footwear and the hashtags “nbrunning,” “NBRunning,” and/or “TeamNB.” True and correct copies of some of these social media posts are attached hereto as Exhibit 8. 14. Mr. Berian’s failure to abide by his contractual endorsement obligations to Nike is of particular concern because two of the most important events in the track and field world are approaching in the coming months. In July, he is set to compete at the U.S. Olympic Team Trials in Eugene, Oregon. And if successful there, he will likely compete at the 2016 Olympics in Rio de Janeiro, Brazil in August. The Olympics and Olympic Trials are held once every four years. Mr. Berian’s participation and potential for success in such events make his endorsement a unique marketing and promotional opportunity. Nike’s Efforts to Resolve Its Dispute with Mr. Berian 15. Despite Mr. Berian’s failure to perform his contractual obligations, Nike has worked to resolve this dispute with Mr. Berian ever since it arose in early 2016. 16. Despite these considerations, Nike is enthusiastic about continuing to work with Mr. Berian in the future, and it remains hopeful this matter can be concluded quickly and efficiently, and without substantial disruption to Mr. Berian’s training. Page 5 - DECLARATION OF BEN CESAR 86691587.4 0063718-00220 Case Document 8 Filed 06/01/16 Page 6 of 7 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 1, 2016. Ben Cesar North America Track Field Athlete Manager Nike, Inc. a Page 6 DECLARATION OF BEN CESAR 866915874 0063718?00220 Case 3:16-cv-00743-SB Document 8 Filed 06/01/16 Page 7 of 7 CERTIFICATE OF SERVICE I hereby certify that I served the foregoing DECLARATION OF BEN CESAR on the following named persons on the date indicated below by  mailing with postage prepaid  hand delivery  facsimile transmission  overnight delivery  email  notice of electronic filing using the CM/ECF system to said persons a true copy thereof, contained in a sealed envelope, addressed to said persons at his or her last-known addresses indicated below. Mr. Vincent C. Ewing Alvarez-Glasman & Colvin Suite 400 - West Tower 13181 Crossroads Parkway North City of Industry, CA 91746 Email: VEwing@agclawfirm.com DATED: June 1, 2016. STOEL RIVES LLP /s/ Per A. Ramfjord PER A. RAMFJORD, OSB No. 934024 per.ramfjord@stoel.com KENNON SCOTT, OSB No. 144280 kennon.scott@stoel.com Page 1 - CERTIFICATE OF SERVICE 86691587.4 0063718-00220 Case 3:16-cv-00743-SB Document 8-1 Filed 06/01/16 Page 1 of 5 Cesar Declaration Exhibit 1, Page 1 of 5 Case 3:16-cv-00743-SB Document 8-1 Filed 06/01/16 Page 2 of 5 Cesar Declaration Exhibit 1, Page 2 of 5 Case 3:16-cv-00743-SB Document 8-1 Filed 06/01/16 Page 3 of 5 Cesar Declaration Exhibit 1, Page 3 of 5 Case 3:16-cv-00743-SB Document 8-1 Filed 06/01/16 Page 4 of 5 Cesar Declaration Exhibit 1, Page 4 of 5 Case 3:16-cv-00743-SB Document 8-1 Filed 06/01/16 Page 5 of 5 Cesar Declaration Exhibit 1, Page 5 of 5 Case 3:16-cv-00743-SB Document 8-2 Filed 06/01/16 Page 1 of 4 Scott, Kennon From: Sent: To: Subject: Attachments: Cesar, Ben Tuesday, January 19, 2016 10:44 AM Rinfret, Leah FW: Boris Berian Boris Berian Offer-3.pdf REDACTED Hello Leah. Please see attached 3rd party offer and let us know if the affiliation clause is indeed a material element to this offer. From: Merhawi Keflezighi Date: Tuesday, January 19, 2016 10:24 AM To: Ben Cesar , John Capriotti Subject: Boris Berian Hello Ben & Cap, I hope all is well with you. I am now representing Boris Berian. New Balance has submitted an offer for Boris, which Boris finds agreeable. Pursuant to Section 5 of Boris' Nike agreement, I am submitting the New Balance offer to you. In addition to the financial terms and the lack of reductions, we do consider the affiliation clause in the contract a material element of the offer. Please let me know if you have any questions or want to discuss over the phone. Thanks, -Hawi Keflezighi (310) 895-6438 www.HAWImanagement.com 1 Cesar Declaration Exhibit 2, Page 1 of 4 Case 3:16-cv-00743-SB Document 8-2 Filed 06/01/16 Page 2 of 4 BORIS BERIAN OFFER COMPENSATION AND BONUS SCHEDULE I. BASE FEE (SUBJECT TO ADJUSTMENT BASED ON ROLLOVER): 2016 2017 2018 II. $125,000 $125,000 $125,000 TRAVEL: 2016 2017 2018 $5,000 $5,000 $5,000 III. MERCHANDISE ALLOTMENT Yearly $5,000 IV. PERFORMANCE BONUS: A. To attain a performance bonus set forth below ATHLETE must (i) have competed exclusively in NB Products (including Footwear) during the entire Contract Year in which the performance bonus was earned; (ii) competed in NB Footwear and NB Product during the competition in which the performance bonus is earned; and (iii) the NB logo on ATHLETE’s Footwear and uniform must be entirely visible (i.e. not covered in any manner by numbered bib) during the competition in which the bonus is earned. B. If ATHLETE attains any of the performance achievements listed below and complies with the requirements set forth in this Agreement, NB shall pay ATHLETE a performance bonus as set opposite such achievement set forth below. With respect to all world and United States (American) records achieved, the following criteria shall apply to earn such bonuses: (i) all records/performances must be officially recognized by the USATF and/or IAAF, whichever is applicable; (ii) records must be broken; performances that equal a current record will not qualify for a bonus; and (iii) record bonuses are not cumulative and ATHLETE shall receive the single highest bonus achieved one time per Contract Year per distance. With respect to ranking bonuses, the following criteria shall apply to earn such bonuses: (1) all rankings are determined by Track and Field News; (2) rankings are only applicable for Olympic events; and (3) ranking bonuses are not cumulative and ATHLETE shall receive the single highest ranking bonus achieved one time per Contract Year. (i) WORLD RECORDS:   Individual World Outdoor Record (Olympic events only): $100,000 Individual World Indoor Record (Olympic events only): $25,000 (ii) U.S. (AMERICAN) RECORDS:   Individual U.S. (American) Outdoor Record (Olympic events only): $50,000 Individual U.S. (American) Indoor Record (Olympic events only): $10,000 Cesar Declaration Exhibit 2, Page 2 of 4 Case 3:16-cv-00743-SB Document 8-2 Filed 06/01/16 Page 3 of 4 (iii) COMPETITIONS (INDIVIDUAL EVENTS ONLY): Event Olympic Games World Outdoor Championships World Indoor Championships U.S. Olympic Trials (Track) U.S. Outdoor Championships IAAF Diamond League (A races only) U.S. Indoor Championships IAAF Continental Cup NB Grand Prix First Place / Gold Medal $150,000 $100,000 Second Place / Silver Medal $100,000 $60,000 Third Place/ Bronze Medal $50,000 $40,000 $10,000 $7,500 $5,000 $7,500 $5,000 $3,000 $5,000 $3,000 $1,000 $5,000 $3,000 $1,000 $2,000 $1,000 $500 $5,000 $3,000 $3,000 $1,000 (iv) OUTDOOR RANKINGS:  World Rankings (as determined by Track and Field News, Olympic Events Only) Rank 1 2 3 4 5 6 through 10  United States Rankings (as determined by Track and Field News, Olympic Events Only) Rank 1 2 3 V. Amount $25,000 $15,000 $10,000 $5,000 $4,000 $2,500 Amount $10,000 $5,000 $2,500 TRACK TIME BONUSES (must be electronically timed and non-wind aided) Bonus $15,000 $20,000 800m Sub 1:43.34 Sub 1:43.00 Time bonuses are non-cumulative and paid only one time per year per event to the highest bonus level achieved Cesar Declaration Exhibit 2, Page 3 of 4 Case 3:16-cv-00743-SB VI. Document 8-2 Filed 06/01/16 Page 4 of 4 ROLLOVER (Individual Events Only): If ATHLETE attains any of the performance achievements listed below and complies with the requirements set forth in this Agreement, NB shall increase ATHLETE’s Base Fee by such amount listed opposite such competition or achievement, as applicable, for each subsequent Contract Year through the expiration of the Agreement Period. Rollover increases to the Base Fee are not cumulative, and ATHLETE shall receive only the single highest Rollover increase to Base Fee achieved one time per Contract Year. Criteria Olympic Games World Outdoor Championships      VII. First Place / Gold Medal $150,000 $100,000 Second Place / Silver Medal $100,000 $60,000 Third Place/ Bronze Medal $50,000 $40,000 World Outdoor Records (Individual Olympic Events Only): $100,000 U.S. (American) Outdoor Records (Individual Olympic Events Only): $50,000 World Indoor Record (Individual Olympic events only): $25,000 (vii) If ATHLETE Qualifies for the final at the 2016 Olympics or 2017 World Championships, base Compensation will increase by $10,000 (One time per Contract Term) Value of Top 5 world ranking AFFILIATION: New Balance shall permit ATHLETE to compete under the Big Bear Track Club affiliation, and ATHLETE may wear the official uniform and footwear of Big Bear Track Club in all domestic competitions, including the US Indoor Championships and US Olympic Trials, in 2016. ATHLETE shall compete for Team New Balance and wear the Team New Balance official uniform in all international events. Cesar Declaration Exhibit 2, Page 4 of 4 Case 3:16-cv-00743-SB Document 8-3 Filed 06/01/16 Page 1 of 5 Scott, Kennon From: Sent: To: Subject: Attachments: Cesar, Ben Wednesday, January 20, 2016 1:37 PM Rinfret, Leah Fwd: Boris Berian BBerian Offer.pdf Follow Up Flag: Flag Status: Follow up Flagged REDACTED Hi Leah. Here you go. Let me know the next steps. Sent from my Verizon Wireless 4G LTE smartphone -------- Original message -------From: Merhawi Keflezighi Date: 1/20/2016 1:28 PM (GMT-08:00) To: "Cesar, Ben" Subject: Re: Boris Berian Hello Ben, I have attached the offer in the requested format. Thanks, Hawi On Tue, Jan 19, 2016 at 6:53 PM, Cesar, Ben wrote: Hello Merhawi. Please resend the offer on official company letterhead. Thank you. From: Merhawi Keflezighi Date: Tuesday, January 19, 2016 10:24 AM To: Ben Cesar , John Capriotti Subject: Boris Berian Hello Ben & Cap, I hope all is well with you. I am now representing Boris Berian. New Balance has submitted an offer for Boris, which Boris finds agreeable. Pursuant to Section 5 of Boris' Nike agreement, I am submitting the New Balance offer to you. In addition to the financial terms and the lack of reductions, we do consider the affiliation clause in the contract a material element of the offer. 1 Cesar Declaration Exhibit 3, Page 1 of 5 Case 3:16-cv-00743-SB Document 8-3 Filed 06/01/16 Page 2 of 5 Please let me know if you have any questions or want to discuss over the phone. Thanks, -Hawi Keflezighi (310) 895-6438 www.HAWImanagement.com -Hawi Keflezighi (310) 895-6438 www.HAWImanagement.com 2 Cesar Declaration Exhibit 3, Page 2 of 5 Case 3:16-cv-00743-SB Document 8-3 Filed 06/01/16 Page 3 of 5 Cesar Declaration Exhibit 3, Page 3 of 5 Case 3:16-cv-00743-SB Document 8-3 Filed 06/01/16 Page 4 of 5 Cesar Declaration Exhibit 3, Page 4 of 5 Case 3:16-cv-00743-SB Document 8-3 Filed 06/01/16 Page 5 of 5 Cesar Declaration Exhibit 3, Page 5 of 5 Case 3:16-cv-00743-SB Document 8-4 Filed 06/01/16 Page 1 of 7 Cesar Declaration Exhibit 4, Page 1 of 7 Case 3:16-cv-00743-SB Document 8-4 Filed 06/01/16 Page 2 of 7 Cesar Declaration Exhibit 4, Page 2 of 7 Case 3:16-cv-00743-SB Document 8-4 Filed 06/01/16 Page 3 of 7 Cesar Declaration Exhibit 4, Page 3 of 7 Case 3:16-cv-00743-SB Document 8-4 Filed 06/01/16 Page 4 of 7 Cesar Declaration Exhibit 4, Page 4 of 7 Case 3:16-cv-00743-SB Document 8-4 Filed 06/01/16 Page 5 of 7 Cesar Declaration Exhibit 4, Page 5 of 7 Case 3:16-cv-00743-SB Document 8-4 Filed 06/01/16 Page 6 of 7 Cesar Declaration Exhibit 4, Page 6 of 7 Case 3:16-cv-00743-SB Document 8-4 Filed 06/01/16 Page 7 of 7 Cesar Declaration Exhibit 4, Page 7 of 7 Case 3:16-cv-00743-SB Document 8-5 Filed 06/01/16 Page 1 of 1 Scott, Kennon From: Sent: To: Subject: Cesar, Ben Monday, February 15, 2016 3:39 PM Rinfret, Leah FW: Contract - B. Berian Follow Up Flag: Flag Status: Follow up Flagged REDACTED Merhawi's response below. On 2/15/16 3:36 PM, "hawisports@gmail.com" wrote: >Hello Ben, >As discussed, Boris has expressed an interest not to resume a >relationship with Nike. You asked us to discuss internally and notify >you. Boris' position has not changed since our conference call. > >Additionally, your original letter asked for a revised proposal/ offer. >We reserved the right to submit the requested information if you decide >not to honor Boris' personal preference. > >If you decide not to honor Boris' personal preference, I can have a >revised offer to you in the next week. > >Thanks, >Hawi > >Sent from my iPhone > >> On Feb 15, 2016, at 3:23 PM, Cesar, Ben wrote: >> >> Hello Merhawi. >> >> Attached is the long form contract for Boris for your review. >> As we discussed on our last call, we're looking forward to continuing >>our relationship with Boris. >> 1 Cesar Declaration Exhibit 5, Page 1 of 1 Case 3:16-cv-00743-SB Document 8-6 Filed 06/01/16 Page 1 of 2 STOEL 900 S.W. Fifth Avenue, Suite 2600 ~~,? Portland, Oregon 97204 main 503.224.3380 fax 503.220.2480 www.stoel.com ATTORNEYS AT LAW PER A. RAMFJORD Direct (503) 294-9257 per.ramfjord@stoel.com February 19, 2016 VIA EMAIL AND U.S. MAIL Boris Berian 9836 Main Street Rancho Cucamonga, CA 97130 Berian800@yahoo.com Re: Track & Field Contract between Nike USA, Inc. ("NIKE") and Boris Berian Dear Mr. Berian: We represent NIKE and are writing with regard to your Track & Field Contract with NIKE (the "Contract"). Specifically, we are writing to inform you that NIKE intends to enforce its contractual right of first refusal to require you to enter a new agreement with NIKE and will take any necessary legal action to enjoin you from entering an agreement with New Balance. As you know, Paragraph 5 of your Contract provides that "NIKE shall have a right of first refusal with regard to any bona fide third party offer." Pursuant to that provision, on January 20, 2016, your agent, Merhawi Keflezighi, provided NIKE with a written offer you had received from New Balance. In response, on January 22, 2016, John Capriotti ofNIKE responded saying that it would match "the New Balance offer" as set forth in the written terms you provided. Based on this series of events, you are now obligated to enter a new agreement with NIKE under the terms set forth in the New Balance offer. Should you refuse to enter a new agreement with NIKE, we will have no choice but to seek an injunction to prevent you from entering a contract with New Balance. Courts routinely grant such injunctions and we fully expect that such an injunction would be granted in this case. We also want to make clear that NIKE is not required to and will not consider matching any additional or alternative offers from New Balance. We understand that Mr. Keflezighi has suggested that Mr. Capriotti somehow invited you to present a "revised offer" from New Balance. That is not the case. In his January 22, 2016letter, Mr. Capriotti noted that the written terms of the New Balance offer were silent with respect to the type of reductions that are common in track and field contracts. Mr. Capriotti therefore asked you to confirm whether reductions or any other material terms were excluded from written terms you provided to NIKE. Such information is necessary for NIKE to honor its commitment to match all material terms of the January 20, 2016 New Balance offer. Because NIKE has already agreed to match such Alaska Minnesota and California Oregon Utah Washington. Idaho Washington D.C. Cesar Declaration Exhibit 6, Page 1 of 2 Case 3:16-cv-00743-SB Document 8-6 Filed 06/01/16 Page 2 of 2 Boris Berian February 19, 2016 Page 2 terms, however, it has invoked its right of first refusal, which precludes you from negotiating further with New Balance for a new or revised offer. We want to be clear that NIKE remains extremely enthusiastic about continuing to work with you and is committed to maintaining a positive and mutually beneficial working relationship in the future. Nonetheless, NIKE is also committed to enforcing the terms of its sponsorship agreements and it is prepared to take all necessary legal action to preserve its contractual rights. Per A. Ramfjord PAR:llg cc: Merhawi Keflezighi John Capriotti, NIKE Ben Cesar, NIKE Leah Rinfret, NIKE Cesar Declaration Exhibit 6, Page 2 of 2 "mu?r - 2016 World Indoor Champion (D {En (Q 60% 9h: ,410 ;011 •MIL *to imam* 113":** **. 1.1401117- *a 14, r* 21"11 INIEM 1 4.,-:d USATRACK&FIE/ OIN 1111 á d "•-• 110413" OM" 0 4. • .` * • - ..414100".1* 1r ira Amt Case 3:16-cv-00743-SB Document 8-7 Filed 06/01/16 Page 2 of 2 I Follow Log in to of c, 0 0 IF Filed 06/01/16 destinytrack42 Proud of you! iv jacopo_zanatta eonardotesiri alessanoro _dal ben Matteon Document 8-8 view all // comments borisgump8O USA Champ wasn't good enough. I wanted that #1. World spot! Now that I won it, F cant believe it! Way too 'surreal! The training has paid off, but ifs not over, it just gonna get harder and I won't let up an ounce!! Grateful to have an amazing coach for guidance, and support of an amazing team!!! Outdoor is 'back and I'm here for bigger names!!! PC:Aeficohenphoto #TearriUSA #bigbeartc 2,234 likes borisgump800 IAAF World Indoor C_._ Case 3:16-cv-00743-SB Page 1 of 7 rrg- 7'11. Filed 06/01/16 Log • in to like of daniesha_co Boris your amazing! Have you talk to marjerrison ? bekahbroe Awesome shot Borisl!! chrisgoodel You rock Boris I . Document 8-8 joedmonds_ Do the damn thang pimp d a vid b racetty vemon400m It's up there 5 Follow borisgump800 just because I'm now a medalist doesn't mean lll relax. 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