| NFL In Race
Case Said Arbitration Is Required, Coaches
Wanted Discovery But Get Denied
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC-Guardian
UK - Honduras
- ESPN
NY
Mag
SDNY COURTHOUSE,
August 4 – 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
and below.
On July 1 Flores'
lawyers wrote
to Judge Caproni (letter on
Patreon here)
requesting (and attaching)
"appropriate discovery" -
Wigdor's letter to Loretta
Lynch including about Roger
Godell's compensation and
relationships with law firms,
and Lynch's letter of June 27
calling the requests "entirely
outside the scope of
permissible discovery."
But not so fast.
On July 18, Judge Caproni
granted the coaches' request
to put off their deadlines to
answer the NFL's motion to
compel arbitration, pending
her decision on the coaches'
request for discovery. Order
on Patreon here.
On August 4,
Judge Caproni denied the
request for discovery and set
a schedule: "Plaintiffs'
motion for discovery is
DENIED. Plaintiffs' response
to the motion to compel
arbitration must be filed no
later than Friday, August 19,
2022. Defendants' reply brief
must be filed no later than
Friday, August 26, 2022.
(Signed by Judge Valerie E.
Caproni on 8/4/2022)." Watch
this site.
From May 2:
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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