1.  The Pop Warner Little Scholars program is a youth tackle football, cheer and  12 dance program founded in 1929. Pop Warner was incorporated as a national nonprofit  13 corporation in 1959.   10  INDIVIDUALLY AND ON BEHALF OF THE CLASS MEMBERS:  11  (VIOLATION OF BUSINESS & PROFESSIONS CODE § 17200 et seq.;  11   14  INDIVIDUALLY AND ON BEHALF OF THE CLASS MEMBERS:  15  2.  Today, the Pop Warner program consists of eight regional conferences across  15 forty-two states and several countries. Each region consists of separate leagues, associations  16 and teams.  14  17   21  INDIVIDUALLY AND ON BEHALF OF THE CLASS MEMBERS:  22  3  INDIVIDUALLY AND ON BEHALF OF THE CLASS MEMBERS:  4  3   3.  Upon information and belief, over 250,000 children participate in the Pop  18 Warner tackle football program per year.   36.  Plaintiffs, Kimberly Archie, as survivor of decedent Paul Bright Jr., and Jo  4 Cornell, as survivor of decedent Tyler Cornell, brings this action on behalf of themselves  5 and pursuant to the Federal Rules of Civil Procedure Rule 23(a), (b)(2), and (b)(3) and on  6 behalf of the following class(es) of persons:  The Participant Class:  All persons, including deceased individuals, who participated in the Pop Warner  youth tackle football program between 1997 to the present and are suffering or have  suffered from brain injuries, damage or disease.  7  8  9  10  11  The Adult Class  12  All persons who enrolled their minor children in the Pop Warner tackle football  program between 1997 to the present.   37.  Excluded from the Classes are:  (a) the officers and directors of any of Defendants;  (b) any judge or judicial officer assigned to this matter and his or her  17 immediate family and staff; and  13  14  15  16  18  (c) any legal representatives, successor, or assign of any excluded persons or  19 entities.  20   38.  This action is properly maintained as a class action because Plaintiffs can prove  21 the elements of each claim on a class-wide basis, using the same evidence that Plaintiffs  22 would use to maintain and prove and individual action. Thus, the action may be properly  23 maintained on behalf of each of the proposed Classes pursuant to FRCP 23.   39.  The Members of each Class are so numerous that joinder of all members would  25 be impracticable. The precise number of Class Members is unknown at this time. However,  26 based on information and belief, the members of the Participant Class are made up of  27 hundreds of thousands of members evidenced by the estimate that approximately 250,000  24  28  -9- 4.  This action arises from the failures of Pop Warner Little Scholars, Inc.,  20 National Operating Committee on Standards Athletic Equipment and USA Football to  21 provide for the safety and health of minor child participants of the Pop Warner tackle  22 football program.  19  23  Pop Warner Little Scholars, Inc., National Operating Committee on Standards  24 Athletic Equipment and USA Football misrepresented material facts to Plaintiffs and the  25 Class Members and the public at large regarding the safety of Pop Warner tackle football,  26 including the safety of the equipment used by minor child participants.  2 7  / / /   28  7  INDIVIDUALLY AND ON BEHALF OF THE CLASS MEMBERS:  8  7  INDIVIDUALLY AND ON BEHALF OF THE CLASS MEMBERS:  8 