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NFL In Discrimination Case Says Arbitration By Godell Is Required So Reply by Coaches July 22

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, May 2 – In the racial discrimination case against the National Football League by Brian Flores and others, on May 2 U.S. District Court for the Southern District of New York Judge Valerie E. Caproni held a hearing. Inner City Press live tweeted it here:

 Flores' lawyer Douglas Wigdor: Your Honor should look at the underlying agreements - the NFL's attempt to force us into arbitration is unconscionable and would bar us from enforcing our rights. Mr. Flores interviewed with the NY Giants and was not subject to arbitration 

Judge Caproni: I understand your argument that he was not subject arbitration when seeking a job, so can sue for failure to hire. But on the rest -- 

Flores' lawyer: This is a unique circumstance.

  Judge Caproni: Every case says it's unique.

 Flores' lawyer: Roger Godell cannot be a fair arbitrator. He has unconscionable bias. He is paid over $100 million, and already expressed an opinion. He is biased. The failure to hire is not subject to arbitration so some piece of this case will be before this case anyway.  

Judge Caproni: So the question on the table is whether to proceeding in small bites. 

NFL's lawyer Loretta Lynch of Paul Weiss: This is all subject to arbitration NFL's lawyer: This is a contract issue. There is no need for discovery at this time.

 Judge Caproni: I will set a briefing schedule on the motion to compel. Mr. Widgor [Doug Wigdor, Flores' lawyer] if you feel there's a need for discovery, write me a 5 page letter 

Judge Caproni: The NFL's motion to compel is due on June 21, 25 page maximum. The plaintiffs' opposition is due July 22 and NFL's reply is due Aug 9. Do you want a referral for settlement conference? Wigdor: We are interested in the NFL being fair to black coaches. 

NFL's lawyer Loretta Lynch: We are taking steps, and invited Mr. Flores and Wigdor to be involved. But they have declined to do so. We don't see that a settlement conference would be useful.

Wignor: We'll only meet with judge present. Not with Godell. 

Judge Caproni: I take that as a "No." I still this could benefit from settlement. But you're not ready.

Wignor: Glad to be in court. 

Judge Caproni: Please come back. Adjourned.

Inner City Press will continue to cover the case.

The case is is Flores, et al. v. The National Football League, et al., 22-cv-871 (Caproni) 

***

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