| NFL In Race
Case Said Arbitration Mandatory But Case
Proceeds on Giants Broncos & Texans
By Matthew
Russell Lee, Patreon Maxwell
Book
SDNY COURTHOUSE,
March 1 – In the racial
discrimination case against
the National Football League
by Brian Flores and others, on
May 2, 2022 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 March 1, Judge
Caproni ruled "Defendants’
motion to compel arbitration
is GRANTED except that it is
DENIED as to Brian Flores’s
claims against the Denver
Broncos, New York Giants, and
the Houston Texans, and his
related claims against the
NFL. Defendants’ request to
stay the case is DENIED as to
Flores’s claims that may
proceed to litigation and is
GRANTED as to all of the
claims that must be
arbitrated. The Clerk of Court
is respectfully directed to
terminate the open motion at
docket entry 47. The parties
are ordered to appear for a
pretrial conference on Friday,
March 24, 2023, at 10:00 A.M.
in Courtroom 443 of the
Thurgood Marshall Courthouse,
40 Foley Square, New York, New
York, 10007. By March 16,
2023, the parties must submit
a joint letter regarding the
status of the case, including:
a. a statement of all existing
deadlines, due dates, and/or
cut-off dates; b. a statement
describing the status of any
settlement discussions and
whether the parties would like
a settlement conference; c. a
statement of the anticipated
length of trial and whether
the case is to be tried to a
jury; d. a statement regarding
the anticipated schedule of
arbitration; e. any
contemplated motions; 28
Floss v. Ryan’s Family
Steakhouse, 211 F.3d 306 (6th
Cir. 2000), is not to the
contrary. “In Floss, the
arbitration agreement was
between employees and a
third-party arbitration
service, not the employer . .
. . In other words, the
promise of the third party was
too indefinite for legal
enforcement.” Vision
Healthcare Sys. (Int’l) Pty,
Ltd. v. Vision Software Techs.
Inc., No. 15-CV-175, 2015 WL
2404089, at *3 (M.D. Tenn. May
20, 2015) (citing Floss, 211
F.3d at 315–16) (upholding
arbitration agreement that
stated, in relevant part,
“arbitration shall take place
in Nashville . . . before one
arbitrator” without detailing
further procedures, id. at
*1). 30 f. a
proposed schedule for
discovery, which must comply
with the guidance set forth in
the Court’s model Civil Case
Management Plan and Scheduling
Order, available on the
Court’s website; g. any other
issue that the parties would
like to address at the
pretrial conference; and h.
any other information that the
parties believe may assist the
Court in advancing the case to
settlement or trial." Order on
Inner City Press'
DocumentCloud here.
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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