Case: Flores v. The National Football League

1:22-cv-00871 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 1, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit alleging race discrimination in the National Football League's hiring of coaching staff. On February 1, 2022, former Miami Dolphins head coach Brian Flores—who had been fired by the Dolphins and then rejected from other coaching jobs—sued the NFL and its 32 teams in the U.S. District Court for the Southern District of New York. Flores, who is Black, put forth evidence that he was interviewed for coaching roles only to satisfy NFL rules, not because he was under serious conside…

This is a lawsuit alleging race discrimination in the National Football League's hiring of coaching staff. On February 1, 2022, former Miami Dolphins head coach Brian Flores—who had been fired by the Dolphins and then rejected from other coaching jobs—sued the NFL and its 32 teams in the U.S. District Court for the Southern District of New York. Flores, who is Black, put forth evidence that he was interviewed for coaching roles only to satisfy NFL rules, not because he was under serious consideration. Represented by private employment attorneys, Flores sued on behalf of a putative class consisting of all Black NFL coaches, managers, and candidates for those positions. He alleged that the NFL discriminated against him and the class members in their hiring practices in violation of 42 U.S.C. § 1981 and New York and New Jersey antidiscrimination laws. Flores sought injunctive relief consisting of policies meant to increase Black ownership in NFL teams, give Black players and coaches additional input into the hiring process, increase the number of Black coaches, and mandate transparency in hiring procedures. Additionally, Flores sought compensatory damages, punitive damages, and declaratory relief.  

Flores filed an amended complaint on April 7, 2022, adding allegations that the Houston Texans opted not to hire him for their open head coaching position and that the Dolphins breached his contract and attempted to claw back compensation paid to him in retaliation for the filing of this lawsuit. Flores alleged that these actions violated § 1981. In addition, he asserted that the Dolphins' retaliation violated the Florida Private Whistleblower Statute. Flores also specifically alleged both disparate treatment and disparate impact discrimination. The amended complaint also included two additional NFL coaches as plaintiffs, Steve Wilks and Ray Horton.

On June 21, 2022 the defendants filed a motion to compel arbitration and stay further proceedings. The defendants argued that the plaintiffs' claims belonged in arbitration because they had contractually agreed to multiple arbitration provisions that covered their claims. They also argued that the plaintiffs, in their employment agreements, had accepted the NFL Constitution and bylaws, which gave the Commissioner "full, complete and final jurisdiction and authority to arbitrate" disputes between coaches and teams. 

On March 1, 2023 the court ruled on the defendants' motion, holding that some but not all of the plaintiffs' claims were subject to arbitration.

The court ruled that three claims were subject to arbitration:

  • Flores's claims against the Dolphins were subject to arbitration because he had signed an employment agreement with an arbitration clause. The court disagreed with Flores that any claims that arose after his termination were not subject to arbitration, holding that those claims were arbitrable because they arose out of his employment with the Dolphins.
  • Plaintiff Wilks' claims against the Cardinals were subject to arbitration because he had signed an employment agreement containing an arbitration clause.
  • Plaintiff Horton's claims against the Titans were subject to arbitration for the same reason; the court also rejected Horton's argument that this agreement was not sufficiently definite to enforce.

However, the court ruled that three claims were not subject to arbitration:

  • Flores's claims against the Broncos were within the scope of the arbitration agreement in the NFL Constitution, which was incorporated in the employment agreements. However, because the NFL and its teams could unilaterally change the Constitution, the arbitration agreement within the Constitution was "illusory and unenforceable" under applicable state law.
  • Flores's claims against the Giants and Texans were not subject to arbitration. The defendants argued that the arbitration provision in Flores's contract with the Steelers applied retroactively to claims against the Giants and Texans, but this agreement was never approved by the NFL Commissioner, which was necessary in order for it to become a valid agreement.

The plaintiffs had also argued that their claims against the NFL were not subject to the arbitration agreements in their employment contracts and the NFL Constitution because those agreements did not specify claims against the NFL. The court held that the relevant state law estopped plaintiffs from asserting this because the NFL and the teams were allegedly jointly engaged in the discrimination and retaliation. Additionally, the plaintiffs had contended that the arbitration agreements were invalid because the specified arbitrator—the NFL Commissioner—was inherently biased. However, the court rejected this argument because the plaintiffs, in their employment agreements, had specifically agreed that the Commissioner would be the arbitrator. Finally, the plaintiffs had argued that the arbitration agreements were unconscionable because the Commissioner might unfairly limit discovery during arbitration, but the court rejected this argument because it was too speculative.

Therefore, the court granted the motion to compel arbitration except as to Flores's claims against the Broncos, Giants, and Texans, and his related claims against the NFL. 2023 WL 2301575.

On March 14, 2023, the plaintiffs filed a motion requesting the court to reconsider its holdings that the arbitration agreement applied to the claims against the Dolphins, Cardinals, and Titans. They argued that the court had overlooked a number of things that distinguished their case from the cases the court relied on in its ruling. The plaintiffs also argued that the court should have applied the effective vindication doctrine, which is intended to cover any situation in which an arbitration agreement prevents individuals from effectively vindicating statutory rights.

The defendants filed their own motion for reconsideration on March 15, requesting that the court reconsider its decision not to enforce arbitration against the plaintiffs with respect to the Broncos, Giants, and Texans. The defendants offered a copy of the contract between Flores and the Steelers that was signed by the Commissioner and argued that his signature was nevertheless irrelevant. They also argued that the unilateral modification clause should be severed from the arbitration clause in the Patriots contract.

A group of 12 law professors whose research focuses on dispute resolution filed an amicus brief in support of the plaintiffs' motion for reconsideration on March 29, 2023.

On July 11, 2023, the court denied a motion to intervene by a private individual acting pro se for failure to plead sufficient facts to establish an interest or common claim in the case. The individual sought to intervene because he had been denied employment as a coach in the NFL on a number of occasions. On the same day, the individual filed an interlocutory appeal in the Second Circuit, which was dismissed for failure to file proper forms on November 15, 2023.

The court denied both parties' motions for reconsideration on July 25, 2023. As to the defendants, the court held that it was inappropriate for parties to introduce new evidence at the reconsideration stage unless the evidence was unavailable before the merits decision. Because the defendants previously had access to the Steelers' contract with the Commissioner's signature, their opportunity to introduce it had passed. The court also held that an arbitration clause cannot be severed from an illusory contract because no contract existed in the first place. As to the plaintiffs, the court held that their motion for reconsideration essentially relitigated the arguments the court had already rejected, which is inappropriate at the reconsideration stage. 2023 WL 4744191.

The defendants filed an interlocutory appeal on August 21, 2023, challenging the court's decision not to compel arbitration against the Broncos, Giants, and Texans. Along with the interlocutory appeal, the defendants submitted a letter to the court to notify it that a recent Supreme Court ruling—Coinbase,  Inc.  v. Bielski, 143 S. Ct. 1915 (2023)—held  that  a  district  court  must  stay  its  pretrial  and  trial  proceedings while  an  interlocutory appeal under 9 U.S.C. § 16(a) is ongoing. The court subsequently stayed the proceedings pending the completion of the interlocutory appeal.

On September 5, 2023, the plaintiffs filed a motion under 28 U.S.C. §1292(b) seeking the court's permission to appeal its order enforcing arbitration. As of November 26, 2023, the court had not ruled on the motion.

As of November 26, 2023, the NFL's interlocutory appeal was still in initial stages and had not been briefed.

The case was ongoing as of November 26, 2023.

Summary Authors

John Juenemann (2/4/2022)

Rhea Sharma (3/15/2023)

Terry Howard (11/26/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62644760/parties/flores-v-the-national-football-league/


Judge(s)

Caproni, Valerie Elaine (New York)

Attorney for Plaintiff

Atkinson, Johnson Lassiter (New York)

Elefterakis, John (New York)

Gottlieb, David Evan (New York)

Attorney for Defendant

Bayard, Lynn Beth (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:22-cv-00871

Class Action Complaint

Flores v. National Football League

Feb. 1, 2022

Feb. 1, 2022

Complaint
22

1:22-cv-00871

First Amended Class Action Complaint

April 7, 2022

April 7, 2022

Complaint
76

1:22-cv-00871

Opinion and Order

March 1, 2023

March 1, 2023

Order/Opinion

2023 WL 2023

102

1:22-cv-00871

Memorandum & Opinion AND ~Util - Set Deadlines/Hearings

July 25, 2023

July 25, 2023

Order/Opinion

2023 WL 2023

132

1:22-cv-00871

USCA Mandate

Wilks v. New York Football Giants, Inc.

U.S. Court of Appeals for the Second Circuit

May 2, 2024

May 2, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62644760/flores-v-the-national-football-league/

Last updated May 9, 2024, 2:35 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Denver Broncos, John Doe Teams 1 through 29, Miami Dolphins, Ltd., New York Football Giants, Inc., The National Football League. (Filing Fee $ 402.00, Receipt Number ANYSDC-25668130)Document filed by Brian Flores..(Wigdor, Douglas) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

Clearinghouse
2

CIVIL COVER SHEET filed..(Wigdor, Douglas) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to The National Football League, re: 1 Complaint,. Document filed by Brian Flores..(Wigdor, Douglas) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to New York Football Giants, Inc., re: 1 Complaint,. Document filed by Brian Flores..(Wigdor, Douglas) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Miami Dolphins, Ltd., re: 1 Complaint,. Document filed by Brian Flores..(Wigdor, Douglas) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Denver Broncos, re: 1 Complaint,. Document filed by Brian Flores..(Wigdor, Douglas) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
7

NOTICE OF APPEARANCE by Michael John Willemin on behalf of Brian Flores..(Willemin, Michael) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
8

NOTICE OF APPEARANCE by David Evan Gottlieb on behalf of Brian Flores..(Gottlieb, David) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER

Case Opening Initial Assignment Notice

Feb. 2, 2022

Feb. 2, 2022

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)

Feb. 2, 2022

Feb. 2, 2022

PACER

Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)

Feb. 2, 2022

Feb. 2, 2022

PACER

Case Designation

Feb. 2, 2022

Feb. 2, 2022

PACER

Case Designated ECF. (sj)

Feb. 2, 2022

Feb. 2, 2022

PACER

Case Designated ECF

Feb. 2, 2022

Feb. 2, 2022

PACER
9

ELECTRONIC SUMMONS ISSUED as to The National Football League. (sj) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
10

ELECTRONIC SUMMONS ISSUED as to New York Football Giants, Inc.. (sj) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
11

ELECTRONIC SUMMONS ISSUED as to Miami Dolphins, Ltd.. (sj) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
12

ELECTRONIC SUMMONS ISSUED as to Denver Broncos. (sj) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
13

NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 0871. Initial Conference set for 3/18/2022 at 03:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 2/2/2022) (tg) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

RECAP

Set/Reset Deadlines

Feb. 24, 2022

Feb. 24, 2022

PACER
14

NOTICE OF APPEARANCE by Brad Scott Karp on behalf of Denver Broncos, Miami Dolphins, Ltd., New York Football Giants, Inc., The National Football League..(Karp, Brad) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
15

NOTICE OF APPEARANCE by Loretta Lynch on behalf of Denver Broncos, Miami Dolphins, Ltd., New York Football Giants, Inc., The National Football League..(Lynch, Loretta) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
16

NOTICE OF APPEARANCE by Lynn Beth Bayard on behalf of Denver Broncos, Miami Dolphins, Ltd., New York Football Giants, Inc., The National Football League..(Bayard, Lynn) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
17

NOTICE OF APPEARANCE by Brette Morgan Tannenbaum on behalf of Denver Broncos, Miami Dolphins, Ltd., New York Football Giants, Inc., The National Football League..(Tannenbaum, Brette) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
18

LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint addressed to Judge Valerie E. Caproni from Loretta E. Lynch dated February 24, 2022. Document filed by Denver Broncos, Miami Dolphins, Ltd., New York Football Giants, Inc., The National Football League..(Lynch, Loretta) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
19

ORDER: granting 18 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/24/2022) (ama) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

RECAP

Set/Reset Deadlines: Denver Broncos answer due 4/11/2022; Miami Dolphins, Ltd. answer due 4/11/2022; New York Football Giants, Inc. answer due 4/11/2022; The National Football League answer due 4/11/2022. (ama)

Feb. 24, 2022

Feb. 24, 2022

PACER

Set/Reset Deadlines

March 4, 2022

March 4, 2022

PACER
20

JOINT LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated March 4, 2022. Document filed by Brian Flores..(Wigdor, Douglas) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

RECAP
21

ORDER granting 20 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference, currently scheduled for Friday, March 18, 2022 at 3:00 P.M., is adjourned to Friday, April 29, 2022 at 11:00 A.M. Pre-conference submissions are due no later than Thursday, April 21, 2022. For a description of the pre-conference submission requirements, the parties should consult the Court's Order at docket entry 13. The Court will decide whether to hold the conference in person or by teleconference once the Court has reviewed the parties' pre-conference submissions. Any amended complaint is due no later than Friday, April 8, 2022. After an amended complaint has been served on Defendants or they waive such service, the parties may file a joint stipulation for the Court's approval with a proposed deadline for Defendants to answer, move, or otherwise respond to the Amended Complaint. SO ORDERED. Initial Conference set for 4/29/2022 at 11:00 AM before Judge Valerie E. Caproni.. (Signed by Judge Valerie E. Caproni on 3/4/2022) (tg) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

RECAP

Set/Reset Deadlines: Amended Pleadings due by 4/8/2022. (tg)

March 4, 2022

March 4, 2022

PACER
22

FIRST AMENDED COMPLAINT amending 1 Complaint, against Denver Broncos, Miami Dolphins, Ltd., New York Football Giants, Inc., The National Football League, Houston NFL Holdings, L.P., Arizona Cardinals Football Club LLC, Tennessee Titans Entertainment, Inc., John Doe Teams 1 through 26 with JURY DEMAND.Document filed by Brian Flores, Steve Wilks, Ray Horton. Related document: 1 Complaint,..(Wigdor, Douglas) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

Clearinghouse
23

REQUEST FOR ISSUANCE OF SUMMONS as to Houston NFL Holdings, L.P., re: 22 Amended Complaint,. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
24

REQUEST FOR ISSUANCE OF SUMMONS as to Tennessee Titans Entertainment, Inc., re: 22 Amended Complaint,. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
25

REQUEST FOR ISSUANCE OF SUMMONS as to Arizona Cardinals Football Club LLC, re: 22 Amended Complaint,. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
26

Summons Issued

April 7, 2022

April 7, 2022

PACER
27

Summons Issued

April 7, 2022

April 7, 2022

PACER
28

Summons Issued

April 7, 2022

April 7, 2022

PACER
22

FIRST AMENDED COMPLAINT amending 1 Complaint, against Denver Broncos, Miami Dolphins, Ltd., New York Football Giants, Inc., The National Football League, Houston NFL Holdings, L.P., Arizona Cardinals Football Club LLC, Tennessee Titans Entertainment, Inc., John Doe Teams 1 through 26 with JURY DEMAND.Document filed by Brian Flores, Steve Wilks, Ray Horton. Related document: 1 Complaint,..(Wigdor, Douglas) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

Clearinghouse
23

REQUEST FOR ISSUANCE OF SUMMONS as to Houston NFL Holdings, L.P., re: 22 Amended Complaint,. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
24

REQUEST FOR ISSUANCE OF SUMMONS as to Tennessee Titans Entertainment, Inc., re: 22 Amended Complaint,. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
25

REQUEST FOR ISSUANCE OF SUMMONS as to Arizona Cardinals Football Club LLC, re: 22 Amended Complaint,. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
26

ELECTRONIC SUMMONS ISSUED as to Houston NFL Holdings, L.P...(pc) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
27

ELECTRONIC SUMMONS ISSUED as to Tennessee Titans Entertainment, Inc...(pc) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
28

ELECTRONIC SUMMONS ISSUED as to Arizona Cardinals Football Club LLC..(pc) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
29

NOTICE OF APPEARANCE by Brad Scott Karp on behalf of Arizona Cardinals Football Club LLC, Houston NFL Holdings, L.P., Tennessee Titans Entertainment, Inc...(Karp, Brad) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
30

NOTICE OF APPEARANCE by Loretta Lynch on behalf of Arizona Cardinals Football Club LLC, Houston NFL Holdings, L.P., Tennessee Titans Entertainment, Inc...(Lynch, Loretta) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
31

NOTICE OF APPEARANCE by Lynn Beth Bayard on behalf of Arizona Cardinals Football Club LLC, Houston NFL Holdings, L.P., Tennessee Titans Entertainment, Inc...(Bayard, Lynn) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
32

NOTICE OF APPEARANCE by Brette Morgan Tannenbaum on behalf of Arizona Cardinals Football Club LLC, Houston NFL Holdings, L.P., Tennessee Titans Entertainment, Inc...(Tannenbaum, Brette) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
33

LETTER addressed to Judge Valerie E. Caproni from Loretta Lynch dated April 18, 2022 re: Joint Stipulation and Proposed Order re Deadline for Defendants to Answer or Otherwise Respond to Amended Complaint. Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League. (Attachments: # 1 Joint Stipulation and [Proposed] Order).(Lynch, Loretta) (Entered: 04/18/2022)

1 Joint Stipulation and [Proposed] Order

View on RECAP

April 18, 2022

April 18, 2022

RECAP
34

JOINT STIPULATION AND ORDER: The parties, by and through their undersigned attorneys, hereby stipulate andagree as follows: The time for Defendants to answer, move or otherwise respond to theAmended Complaint shall be extended from April 21, 2022 up to and including June 21, 2022. The parties shall confer regarding the briefing schedule for any motionfiled pursuant to paragraph 1. Memoranda of law in support of and in opposition to any motion made in response to the Amended Complaint may be up to 50 pages and reply memoranda may be up to 25 pages. Nothing herein shall be deemed to constitute a waiver of any claims or defenses in this matter. (Arizona Cardinals Football Club LLC answer due 6/21/2022; Denver Broncos answer due 6/21/2022; Houston NFL Holdings, L.P. answer due 6/21/2022; Miami Dolphins, Ltd. answer due 6/21/2022; New York Football Giants, Inc. answer due 6/21/2022; Tennessee Titans Entertainment, Inc. answer due 6/21/2022; The National Football League answer due 6/21/2022.) (Signed by Judge Valerie E. Caproni on 4/18/2022) (rro) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

RECAP
35

JOINT LETTER addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated April 21, 2022 re: Initial Pretrial Conference. Document filed by Brian Flores, Ray Horton, Steve Wilks. (Attachments: # 1 Text of Proposed Order Case Management Plan).(Wigdor, Douglas) (Entered: 04/21/2022)

1 Text of Proposed Order Case Management Plan

View on RECAP

April 21, 2022

April 21, 2022

RECAP
36

NOTICE OF APPEARANCE by John Elefterakis on behalf of Brian Flores, Ray Horton, Steve Wilks..(Elefterakis, John) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

RECAP
37

MEMO ENDORSEMENT on re: 35 Letter, filed by Brian Flores, Ray Horton, Steve Wilks. ENDORSEMENT: Due to a conflict in the Court's calendar, the initial pretrial conference, currently scheduled for Friday, April 29, 2022 at 11:00 A.M., is adjourned to Monday, May 2, 2022 at 11:00 A.M. The conference will be held in person in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Additionally, any person who appears at any SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. SO ORDERED. ( Initial Conference set for 5/2/2022 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/21/2022) (tg) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

RECAP
38

ORDER: IT IS HEREBY ORDERED that counsel for the parties must attend the conference in person. Any interested members of the public may attend the conference in person or remotely, by dialing 1-888-363-4749, using the access code 3121171, and the security code 0871. Recording or rebroadcasting the proceeding is strictly prohibited by law. IT IS FURTHER ORDERED that by no later than Wednesday, April 27, 2022, the parties must inform the Court how many counsel and client representatives (if any) will be attending the conference in person. Each side will be allowed four representatives at counsel table, with additional seating for the parties available in surrounding chairs and the gallery. IT IS FURTHER ORDERED that per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Additionally, any person who appears at any SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/22/2022) (tg) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

RECAP
39

LETTER addressed to Judge Valerie E. Caproni from David E. Gottlieb dated April 27, 2022 re: Counsel Attendants for Initial Pretrial Conference. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Gottlieb, David) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

RECAP
40

LETTER addressed to Judge Valerie E. Caproni from Loretta E. Lynch dated April 27, 2022 re: Initial Pretrial Conference Attendees. Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., John Doe Teams 1 through 26, Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League..(Lynch, Loretta) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

RECAP
41

NOTICE OF APPEARANCE by Maia Usui on behalf of Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League..(Usui, Maia) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

RECAP
42

NOTICE OF APPEARANCE by Johnson Lassiter Atkinson on behalf of Brian Flores, Ray Horton, Steve Wilks..(Atkinson, Johnson) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

RECAP

Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 5/2/2022. Attorneys Douglas Wigdor, David Gottlieb, John Elefterakis and Johnson Atkinson present for the plaintiff. Attorneys Loretta Lynch, Brad Karp, Brette Tannenbaum and Maia Usui present for the defendants. Court Reporter Alena Lynch present. (anc)

May 2, 2022

May 2, 2022

PACER
43

ORDER: IT IS HEREBY ORDERED that, for the reasons stated at the conference, Defendants' motion to compel arbitration is due no later than Tuesday, June 21, 2022, Plaintiffs' response in opposition is due no later than Friday, July 22, 2022, and Defendants' reply in support is due no later than Friday, August 5, 2022. The parties' briefs are limited to the default page limits: 25 pages for the opening and response briefs and 10 pages for the reply brief. If any of Plaintiffs' claims remain in the litigation following the Court's resolution of the motion, Defendants will be given the opportunity to file a motion to dismiss pursuant to Rule 12 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that if, upon reviewing Defendants' motion to compel arbitration, Plaintiffs still seek motion-related discovery, they must meet and confer with Defendants to determine whether the parties can resolve the issue without court intervention. If the parties are unable to resolve the dispute amongst themselves, Plaintiffs may file a letter brief, not to exceed five single-spaced pages, seeking leave to take motion-related discovery. Any such request is due no later than Friday, July 1, 2022. Any response in opposition, limited to five single-spaced pages, is due no later than Friday, July 8, 2022. IT IS FURTHER ORDERED that the entry of a Case Management Plan is adjourned sine die and fact and expert discovery is hereby STAYED. IT IS FURTHER ORDERED that if, at any time, both parties want a settlement conference with the assigned Magistrate Judge or a referral to the Court-annexed mediation program, they may submit a joint letter requesting a referral. SO ORDERED. ( Motions due by 6/21/2022., Responses due by 7/22/2022, Replies due by 8/5/2022.) (Signed by Judge Valerie E. Caproni on 5/2/2022) (tg) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

RECAP

Pretrial Conference - Initial

May 2, 2022

May 2, 2022

PACER
44

TRANSCRIPT of Proceedings re: conference held on 5/2/2022 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/11/2022..(Moya, Goretti) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
45

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/2/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

RECAP
46

LETTER MOTION to Seal addressed to Judge Valerie E. Caproni from Loretta E. Lynch dated June 21, 2022. Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League..(Lynch, Loretta) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

RECAP
47

MOTION to Compel Arbitration and Stay Further Proceedings. Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League..(Lynch, Loretta) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

RECAP
48

MEMORANDUM OF LAW in Support re: 47 MOTION to Compel Arbitration and Stay Further Proceedings. . Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League..(Lynch, Loretta) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

RECAP
49

DECLARATION of Dolores F. DiBella in Support re: 47 MOTION to Compel Arbitration and Stay Further Proceedings.. Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League. (Attachments: # 1 Exhibit 1 (NFL Constitution and Bylaws), # 2 Exhibit 2 (Redacted Flores-Dolphins Agreement Excerpt), # 3 Exhibit 3 (Redacted Flores-Patriots Agreement Excerpt), # 4 Exhibit 4 (Redacted Flores-Steelers Agreement Excerpt), # 5 Exhibit 5 (Redacted Wilks-Cardinals Agreement Excerpt), # 6 Exhibit 6 (Redacted Wilks-Panthers Agreement Excerpt), # 7 Exhibit 7 (Redacted Horton-Titans Agreement Excerpt)).(Lynch, Loretta) (Entered: 06/21/2022)

1

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2

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4

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June 21, 2022

June 21, 2022

RECAP
50

***SELECTED PARTIES***DECLARATION of Dolores F. DiBella in Support re: 47 MOTION to Compel Arbitration and Stay Further Proceedings.. Document filed by Arizona Cardinals Football Club LLC, New York Football Giants, Inc., The National Football League, Tennessee Titans Entertainment, Inc., Miami Dolphins, Ltd., Houston NFL Holdings, L.P., Denver Broncos, Brian Flores, Ray Horton, John Doe Teams 1 through 26, Steve Wilks. (Attachments: # 1 Exhibit 1 (NFL Constitution and Bylaws), # 2 Exhibit 2 (Flores-Dolphins Agreement Excerpt), # 3 Exhibit 3 (Flores-Patriots Agreement Excerpt), # 4 Exhibit 4 (Flores-Steelers Agreement Excerpt), # 5 Exhibit 5 (Wilks-Cardinals Agreement Excerpt), # 6 Exhibit 6 (Wilks-Panthers Agreement Excerpt), # 7 Exhibit 7 (Horton-Titans Agreement Excerpt))Motion or Order to File Under Seal: 46 .(Lynch, Loretta) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER

Set/Reset Deadlines

June 22, 2022

June 22, 2022

PACER
51

ORDER with respect to 46 Letter Motion to Seal. Plaintiffs must respond not later than Monday, June 27, 2022 why Defendants should not be permitted to file Exhibits 2 through 7 under seal. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/22/2022) (tg) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

RECAP

Set/Reset Deadlines: Responses due by 6/27/2022 (tg)

June 22, 2022

June 22, 2022

PACER
52

LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated June 27, 2022 re: 46 LETTER MOTION to Seal addressed to Judge Valerie E. Caproni from Loretta E. Lynch dated June 21, 2022. . Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

RECAP
53

ORDER granting 46 Letter Motion to Seal. Application GRANTED. The Court finds that employment and financial information unrelated to Defendants' arbitration agreement with Plaintiffs have a limited bearing on whether the Motion to Compel Arbitration and Stay Further Proceedings should be granted. Accordingly, the presumption of access established by Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) is accorded less weight, as access to the redacted information is not necessary to preserve the interested public's ability to monitor judicial decisionmaking. See id. at 119 ("[T]he weight to be given the presumption of access must be governed by the role of the material at issue in the exercise of Article III judicial power and the resultant value of such information to those monitoring the federal courts." Id. (alteration in original)). In addition, the Court finds that the privacy interests of unnamed parties included in the documents are substantial and weigh against the presumption of access. See id. at 120 (listing factors to be weighed against the presumption of access, including "the privacy interests of those resisting disclosure" (citing United States v. Amodeo, 71 F.3d 1044, 1049 (2d. Cir. 1995)). SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/29/2022) (tg) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

RECAP
54

LETTER MOTION for Discovery addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated July 1, 2022. Document filed by Brian Flores, Ray Horton, Steve Wilks. (Attachments: # 1 Exhibit A (6/24/22 Correspondence from D. Wigdor to L. Lynch), # 2 Exhibit B (6/27/22 Correspondence from L. Lynch to D. Wigdor), # 3 Exhibit C (Transcript of 5/2/22 Conference), # 4 Exhibit D (Representative Article re R. Goodell Compensation), # 5 Exhibit E (NFL Statement On Brian Flores' Suit)).(Wigdor, Douglas) (Entered: 07/01/2022)

1 Exhibit A (6/24/22 Correspondence from D. Wigdor to L. Lynch)

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2 Exhibit B (6/27/22 Correspondence from L. Lynch to D. Wigdor)

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3 Exhibit C (Transcript of 5/2/22 Conference)

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4 Exhibit D (Representative Article re R. Goodell Compensation)

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5 Exhibit E (NFL Statement On Brian Flores' Suit)

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July 1, 2022

July 1, 2022

RECAP
55

LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Loretta E. Lynch dated July 8, 2022 re: 54 LETTER MOTION for Discovery addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated July 1, 2022. . Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League..(Lynch, Loretta) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
56

LETTER addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated July 18, 2022 re: Request For Adjournment Sine Die of Opposition Deadline. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

RECAP
57

ORDER with respect to 47 Motion to Compel Arbitration; with respect to 54 Letter Motion for Discovery. IT IS HEREBY ORDERED that all briefing deadlines for the motion to compel arbitration are adjourned sine die until Plaintiff's request for motion-related discovery has been decided. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to close the open motion at docket entry 56. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/18/2022) (tg) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

RECAP
58

OPINION AND ORDER re: 54 LETTER MOTION for Discovery addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated July 1, 2022. filed by Brian Flores, Ray Horton, Steve Wilks. For the foregoing reasons, 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. ( Responses due by 8/19/2022, Replies due by 8/26/2022.) (Signed by Judge Valerie E. Caproni on 8/4/2022) (ate) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

RECAP
59

LETTER MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Compel Arbitration and Stay Further Proceedings. addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated August 9, 2022. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 08/09/2022)

Aug. 9, 2022

Aug. 9, 2022

RECAP
60

ORDER granting 59 Letter Motion for Extension of Time to File Response/Reply re 59 LETTER MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Compel Arbitration and Stay Further Proceedings. addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated August 9, 2022. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/9/2022) Responses due by 8/31/2022 Replies due by 9/16/2022. (ks) (Entered: 08/09/2022)

Aug. 9, 2022

Aug. 9, 2022

PACER
61

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Fin Associates, LLC, Other Affiliate Fin 2016, LLC for Miami Dolphins, Ltd.; Corporate Parent Broncos Holdings, LLC for Denver Broncos; Corporate Parent KSA Industries, Inc. for Tennessee Titans Entertainment, Inc.. Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League..(Lynch, Loretta) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

RECAP
62

MEMORANDUM OF LAW in Opposition re: 47 MOTION to Compel Arbitration and Stay Further Proceedings. . Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

RECAP
63

DECLARATION of Douglas H. Wigdor in Opposition re: 47 MOTION to Compel Arbitration and Stay Further Proceedings.. Document filed by Brian Flores, Ray Horton, Steve Wilks. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit B - NFL Statement on Brian Flores' Lawsuit, # 3 Exhibit C - Representative Article re R. Goodell, # 4 Exhibit D - Representative Article re R. Goodell, # 5 Exhibit E - Representative Article re R. Goodell, # 6 Exhibit F - Representative Article re R. Goodell, # 7 Exhibit G - Gruden v. NFL Transcript and Order, # 8 Exhibit H - Nostalgic Partners, LLC v. Yankees Order, # 9 Exhibit I - Nostalgic Partners, LLC v. Yankees Transcript, # 10 Exhibit J - McMullen Arbitration Agreement, # 11 Exhibit K - JAMS Comprehensive Arbitration Rules and Procedures, # 12 Exhibit L - JAMS Employment Arbitration Rules and Procedures, # 13 Exhibit M - JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness).(Wigdor, Douglas) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
64

REPLY to Response to Motion re: 47 MOTION to Compel Arbitration and Stay Further Proceedings. . Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League..(Lynch, Loretta) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

RECAP
65

LETTER MOTION for Leave to File Sur-Reply in Further Opposition to Defendants' Motion to Compel Arbitration addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated September 26, 2022. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

RECAP
66

ORDER granting 65 Letter Motion for Leave to File Document. Application GRANTED. Plaintiffs' sur-reply, not to exceed ten double-spaced pages, is due no later than October 7, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/26/2022) (tg) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER

Set/Reset Deadlines: Surreplies due by 10/7/2022. (tg)

Sept. 26, 2022

Sept. 26, 2022

PACER
67

REPLY MEMORANDUM OF LAW in Opposition re: 47 MOTION to Compel Arbitration and Stay Further Proceedings. Sur-Reply. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

RECAP
68

LETTER addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated October 14, 2022 re: New Authority Relevant to Motion to Compel Arbitration. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

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69

Letter

Oct. 20, 2022

Oct. 20, 2022

RECAP
70

ORDER with respect to 47 Motion to Compel Arbitration. IT IS HEREBY ORDERED that by no later than February 9, 2023, Defendants must submit a supplemental brief regarding the impact of the delegation clause on the pending motion to compel arbitration. Plaintiffs' response is due by February 16, 2023. The parties' submissions must not exceed five double-spaced pages. IT IS FURTHER ORDERED that Defendants must file complete copies of the contracts attached as exhibits to the DiBella Declaration at docket entries 49 and 50 by no later than February 6, 2023. Pursuant to the Court's order at docket entry 53, Defendants may file redacted versions of the exhibits on the public docket, but the Defendants must file complete, unredacted versions of the contracts with the Court pursuant to Rule 5 the Undersigned's Individual Practices. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/1/2023) (tg) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

RECAP

Set/Reset Deadlines: Motions due by 2/9/2023. Responses due by 2/16/2023 (tg)

Feb. 1, 2023

Feb. 1, 2023

PACER
71

LETTER addressed to Judge Valerie E. Caproni from Loretta E. Lynch dated February 3, 2023 re: Filing of Declaration and Exhibits. Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League..(Lynch, Loretta) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

RECAP
72

DECLARATION of Dolores F. DiBella in Support re: 47 MOTION to Compel Arbitration and Stay Further Proceedings.. Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League. (Attachments: # 1 Exhibit 1 - NFL Constitution and Bylaws, # 2 Exhibit 2 - Redacted Flores-Dolphins Agreement, # 3 Exhibit 3 - Redacted Flores-Patriots Agreement, # 4 Exhibit 4 - Redacted Flores-Steelers Agreement, # 5 Exhibit 5 - Redacted Wilks-Cardinals Agreement, # 6 Exhibit 6 - Redacted Wilks-Panthers Agreement, # 7 Exhibit 7 - Redacted Horton-Titans Agreement).(Lynch, Loretta) (Entered: 02/03/2023)

1 Exhibit 1 - NFL Constitution and Bylaws

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2 Exhibit 2 - Redacted Flores-Dolphins Agreement

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3 Exhibit 3 - Redacted Flores-Patriots Agreement

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4 Exhibit 4 - Redacted Flores-Steelers Agreement

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5 Exhibit 5 - Redacted Wilks-Cardinals Agreement

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6 Exhibit 6 - Redacted Wilks-Panthers Agreement

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7 Exhibit 7 - Redacted Horton-Titans Agreement

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Feb. 3, 2023

Feb. 3, 2023

RECAP
73

***SELECTED PARTIES***DECLARATION of Dolores F. DiBella in Support re: 47 MOTION to Compel Arbitration and Stay Further Proceedings.. Document filed by Arizona Cardinals Football Club LLC, New York Football Giants, Inc., The National Football League, Tennessee Titans Entertainment, Inc., Miami Dolphins, Ltd., Houston NFL Holdings, L.P., Denver Broncos, Brian Flores, Ray Horton, Steve Wilks. (Attachments: # 1 Exhibit 1 - NFL Constitution and Bylaws, # 2 Exhibit 2 - Flores-Dolphins Agreement, # 3 Exhibit 3 - Flores-Patriots Agreement, # 4 Exhibit 4 - Flores-Steelers Agreement, # 5 Exhibit 5 - Wilks-Cardinals Agreement, # 6 Exhibit 6 - Wilks-Panthers Agreement, # 7 Exhibit 7 - Horton-Titans Agreement)Motion or Order to File Under Seal: 70 .(Lynch, Loretta) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

PACER
74

SUPPLEMENTAL RESPONSE re: 70 Order on Motion to Compel Arbitration,,, (Supplemental Brief of Defendants in Response to the Court's Order dated February 1, 2023). Document filed by Arizona Cardinals Football Club LLC, Denver Broncos, Houston NFL Holdings, L.P., Miami Dolphins, Ltd., New York Football Giants, Inc., Tennessee Titans Entertainment, Inc., The National Football League..(Lynch, Loretta) (Entered: 02/09/2023)

Feb. 9, 2023

Feb. 9, 2023

RECAP
75

SUPPLEMENTAL RESPONSE re: 74 Response, . Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

RECAP
76

OPINION AND ORDER re: 47 MOTION to Compel Arbitration and Stay Further Proceedings. filed by The National Football League, Tennessee Titans Entertainment, Inc., Denver Broncos, Arizona Cardinals Football Club LLC, Houston NFL Holdings, L.P., New York Football Giants, Inc., Miami Dolphins, Ltd.. For the foregoing reasons, 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; 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. SO ORDERED. ( Pretrial Conference set for 3/24/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/1/2023) (tg) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

Clearinghouse
77

JOINT LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Douglas H. Wigdor dated March 3, 2023. Document filed by Brian Flores, Ray Horton, Steve Wilks..(Wigdor, Douglas) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

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