Case: Alford v. The NFL Player Disability & Survivor Benefit Plan

1:23-cv-00358 | U.S. District Court for the District of Maryland

Filed Date: Feb. 9, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns allegations that the National Football League (“NFL”) has engaged in a pattern of improperly denying benefits to former players. On February 9, 2023, ten retired NFL players filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs brought this action on behalf of themselves and a punitive class and subclasses under the Employee Retirement Income Security Act of 1974 (“ERISA”). The NFL Player Disability & Survivor Benefit Plan and NFL Player D…

This case concerns allegations that the National Football League (“NFL”) has engaged in a pattern of improperly denying benefits to former players. On February 9, 2023, ten retired NFL players filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs brought this action on behalf of themselves and a punitive class and subclasses under the Employee Retirement Income Security Act of 1974 (“ERISA”). The NFL Player Disability & Survivor Benefit Plan and NFL Player Disability & Neurocognitive Benefits Plan (formerly Bert Bell/Rozelle Player Retirement Plan) (“the Plan”) are employee welfare benefit plans, as defined by ERISA § 3(1), 29 U.S.C. § 1002(1). Represented by five private law firms, the plaintiffs sought declaratory and equitable relief as well as attorneys’ fees and costs. The case was assigned to Judge Julie Rebecca Rubin.
 
The plaintiffs sought to represent in the punitive class “All participants in the Plan who filed an application for one or more categories of disability benefits under the Plan on or after August 1, 1970.” The punitive class consisted of four proposed subclasses:

  • The T & P Subclass: All members of the Class who filed an application seeking Total & Permanent Disability benefits on or after August 1, 1970, except for the members of the Active Football Subclass.
  • The Active Football Subclass: All members of the Class who filed an application for Total & Permanent Disability benefits on or after August 1, 1970 and were within the timeframe to qualify for Active Football benefits at the time they applied.
  • The LOD Subclass: All members of the Class who filed an application for Line-of-Duty Disability Benefits on or after August 1, 1970.
  • The NC Subclass: All members of the Class who filed an application for Neurocognitive Disability benefits on or after April 1, 2012.

The complaint alleged in Count I that the defendants wrongfully denied the plaintiffs and absent class members benefits that were due to them in accordance with Plan documents in violation of Section 502(1)(B) of ERISA. Specifically, the defendants acted inconsistently with the Plan’s terms and earlier interpretations of the Plan, used a decision-making process that was neither reasoned nor principled, and made decisions that were inconsistent with the procedural and substantive requirements of ERISA.
 
The plaintiffs claimed in Count II of the complaint that the defendants violated Section 503(2) of ERISA by denying the plaintiffs and absent class members full and fair review of adverse benefit determinations. In particular, the defendants failed to review all records and documentations in the retired players’ administrative file and provide fair and neutral physicians.
 
Additionally, in Count III the plaintiffs alleged the defendants violated Section 503(a)(3) of ERISA, breaching their fiduciary duty of loyalty through behavior that, in the aggregate, demonstrated that the defendants acted as an adversary of Plan participants rather than as a fiduciary, including the defendants’ active concealment of their violations through repeated reassurances containing misrepresentations, continuous bad faith, and other actions. 
 
In Count IV, the plaintiffs asserted the defendants violated the mandate in 29 C.F.R. § 2560.503-1(h)(3)(ii) to have reviews conducted by individuals who did not "ma[k]e the adverse benefit determination that is the subject of the appeal” or its subordinate by relying, when deciding appeals, on advisors who heavily influence and were involved in the Committee’s initial benefits determinations. The defendants failed to review disability benefits applications appeals de novo by relying on such advisors, who were involved in the initial Committee’s determinations. 

 Moreover, in Count V, the plaintiffs alleged that the defendants violated 29 C.F.R. § 2560.503-1(h)(2)(iv) by failing to consider “all comments, documents, records, and other information submitted by the claimant.” Rather than review all documents and other information in the claim file as required under ERISA and pursuant to the Plan’s terms, the defendants reviewed summary sheets, but not actual medical records or other relevant documents in the administrative record.
 
The complaint further alleged in Count VI that the defendants have violated 29 C.F.R. § 2560.503-1(b)(7) by intentionally, consciously, or recklessly employing sham “neutral physicians” whose lack of impartiality was demonstrated by their history of rendering opinions adverse to players. 

The plaintiffs also claimed in Count VII the defendants violated 29 C.F.R. § 2560.503-1(b)(5) by failing to establish administrative processes and safeguards to ensure that Plan provisions were applied consistently to similarly situated applicants, by applying inconsistent interpretations of the requirements and in interpreting the Plan term “[a]rising out of League football activities” in an unduly restrictive manner, defying logic, common sense, and physicians’ medical judgments. 

In Count VIII, the plaintiffs alleged that the defendants violated 29 C.F.R. § 2520.102-3(t)(1) through the dissemination to Plan participants of inaccurate and misleading explanatory material, notably that the defendants would take into account all available information when the defendants had a practice of not reviewing all of the records in the administrative file.
 
Lastly, in Count IX, the plaintiffs asserted this claim solely on behalf of the Plan itself, pursuant to Sections 409(a) and 502(a)(2) of ERISA, 29 U.S.C. §§ 1109(a) and 1132(a)(2), rather than on behalf of themselves or absent members of the Class or any Subclass. The plaintiffs maintained the defendants’ alleged breaches of fiduciary duty and significant breaches of trust warranted their replacement and the court’s appointment of new members in their stead, whether entirely on the court’s initiative or through a directive from the court to the defendants to propose new Board members for the court’s consideration and appointment to replace the current members of the Board.
 
On April 21, 2023, the defendants filed a motion to dismiss for failure to state a claim. On May 12, 2023, the plaintiffs amended their complaint, removing Counts IV, V, VI, VII, and VII. The plaintiffs added a new count, which alleged that the defendants violated Section 503(1) of ERISA by failing to provide adequate notice in writing of the specific reasons for the denials of benefits to Plan participants. The plaintiffs claimed that this inadequate notice failed to list the specific reasons for adverse determinations and  provide the specific reasons for disagreement with medical views that favored an award of benefits. On July 27, 2023, the defendants filed a joint motion to dismiss the plaintiffs’ amended complaint.
 
On September 4, 2024, the plaintiffs filed a motion to certify class. The class was comprised of 5 subclasses. First, the was the T & P Subclass: all members of the Class who filed one or more applications for Total & Permanent Disability benefits; received an adverse determination as part of at least one such application(s) between August 9, 2019 and the date of class certification who were not members of the Active Subclass. Second, there was the Active Subclass:  all members of the Class who filed one or more applications for Total & Permanent Disability benefits; received an adverse determination as part of at least one such application between August 9, 2019 and the date of class 
certification; and were within the timeframe to qualify for Active Football or Active Nonfootball Total & Permanent Disability benefits at the time that they applied. Third, there was the Lod Subclass: all members of the Class who filed one or more applications for Line-of-Duty Disability Benefits and received an adverse determination as part of at least one such application between August 9, 2019 and [he date of class certification. Fourth, there was the NC Subclass: all members of the Class who filed an 
application for Neurocognitive Disability benefits and received an adverse determination as part of at least one such application between August 9, 2019 and the date of class certification. Fifth, there was the  Fiduciary Subclass:  all members of the Class who filed an application for one or more categories of disability benefits between August 1, 1970 and the date of class certification.

On November 19, 2024, the defendants filed a motion for summary judgment against one plaintiff, arguing that the specific plaintiff was not entitled to the benefits he sought under the terms of the Plan and as such, the defendants did not abuse their discretion in denying the plaintiff's claim. On November 21, 2024, the defendants filed similar motions for summary judgment against two other individual plaintiffs, alleging similar facts.

As of February 2025, the case is ongoing.

Summary Authors

Tallulah Wick (2/20/2024)

Madilynn O'Hara (2/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66799214/parties/alford-v-the-nfl-player-disability-survivor-benefit-plan/


Judge(s)
Attorney for Plaintiff

Aylstock, Bryan F. (Maryland)

Barnett, Benjamin R (Maryland)

Bradford, Bobby J. (Maryland)

Attorney for Defendant

Barella, Derek G. (Maryland)

Churchill, Spencer W. (Maryland)

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Documents in the Clearinghouse

Document
1

1:23-cv-00358

Class Action Complaint

Feb. 9, 2023

Feb. 9, 2023

Complaint
56

1:23-cv-00358

Amended Class Complaint

Alford v. The NFL Player Disability & Survivor

May 12, 2023

May 12, 2023

Complaint
102

1:23-cv-00358

Plaintiff's Motion for Class Certification

Sept. 3, 2024

Sept. 3, 2024

Pleading / Motion / Brief
102

1:23-cv-00358

Plaintiffs' Motion for Class Certification

Sept. 3, 2024

Sept. 3, 2024

Pleading / Motion / Brief
115

1:23-cv-00358

Plaintiffs' Motion for Class Certification

Nov. 19, 2024

Nov. 19, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66799214/alford-v-the-nfl-player-disability-survivor-benefit-plan/

Last updated Aug. 18, 2025, 2:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Dennis Curran, Jacob Frank, Roger Goodell, Belinda Lerner, Sam McCullum, Robert Smith, The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan, Jeff Van Note ( Filing fee $ 402 receipt number AMDDC-10422911.), filed by Eric Smith, Daniel Loper, Jason Alford, Alex Parsons, Willis McGahee, Joey Thomas, Charles Sims, Michael McKenzie, Lance Zeno, Jamize Olawale. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons)(Rathod, Jason) (Entered: 02/09/2023)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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Feb. 9, 2023

Feb. 9, 2023

Clearinghouse

Case Assigned/Reassigned

Feb. 9, 2023

Feb. 9, 2023

PACER
2

MOTION to Appear Pro Hac Vice for Chris Seeger (Filing fee $100, receipt number AMDDC-10423931.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 02/09/2023)

Feb. 9, 2023

Feb. 9, 2023

PACER
3

MOTION to Appear Pro Hac Vice for Diogenes P. Kekatos (Filing fee $100, receipt number AMDDC-10423953.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 02/09/2023)

Feb. 9, 2023

Feb. 9, 2023

PACER

Case Reassigned to Judge Julie Rebecca Rubin. Magistrate Judge Beth P. Gesner no longer assigned to the case. (kns, Deputy Clerk)

Feb. 9, 2023

Feb. 9, 2023

PACER
4

PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice on behalf of Christopher A Seeger. Directing attorney Christopher A Seeger to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/10/2023. (mh4s, Deputy Clerk) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
5

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Diogenes P. Kekatos. Directing attorney Diogenes P. Kekatos to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/10/2023. (mh4s, Deputy Clerk) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
6

Summons Issued 21 days as to Dennis Curran, Jacob Frank, Roger Goodell, Belinda Lerner, Sam McCullum, Robert Smith, The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan, Jeff Van Note. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(kb3s, Deputy Clerk) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
7

MOTION to Appear Pro Hac Vice for Samuel L. Katz (Filing fee $100, receipt number AMDDC-10427317.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
8

MOTION to Appear Pro Hac Vice for Julia M. Damron (Filing fee $100, receipt number AMDDC-10427336.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
9

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Samuel L. Katz. Directing attorney Samuel L. Katz to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/10/2023. (mh4s, Deputy Clerk) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
10

PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice on behalf of Julia M. Damron. Directing attorney Julia M. Damron to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/10/2023. (mh4s, Deputy Clerk) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
11

SUMMONS Returned Executed by Eric Smith, Daniel Loper, Jason Alford, Alex Parsons, Willis McGahee, Joey Thomas, Charles Sims, Michael McKenzie, Lance Zeno, Jamize Olawale. Dennis Curran served on 2/14/2023, answer due 3/7/2023; Jacob Frank served on 2/14/2023, answer due 3/7/2023; Roger Goodell served on 2/14/2023, answer due 3/7/2023; Sam McCullum served on 2/14/2023, answer due 3/7/2023; Robert Smith served on 2/14/2023, answer due 3/7/2023; The Bert Bell/ Pete Rozelle NFL Player Retirement Plan served on 2/14/2023, answer due 3/7/2023; The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan served on 2/14/2023, answer due 3/7/2023; The NFL Player Disability & Neurocognitive Benefit Plan served on 2/14/2023, answer due 3/7/2023; The NFL Player Disability & Survivor Benefit Plan served on 2/14/2023, answer due 3/7/2023; Jeff Van Note served on 2/14/2023, answer due 3/7/2023. (Attachments: # 1 Summons Returned Executed, # 2 Summons Returned Executed, # 3 Summons Returned Executed, # 4 Summons Returned Executed, # 5 Summons Returned Executed, # 6 Summons Returned Executed, # 7 Summons Returned Executed, # 8 Summons Returned Executed, # 9 Summons Returned Executed)(Rathod, Jason) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
12

MOTION to Appear Pro Hac Vice for Gerry H. Goldsholle (Filing fee $100, receipt number AMDDC-10454056.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER
13

PAPERLESS ORDER granting 12 Motion to Appear Pro Hac Vice on behalf of Gerry H. Goldsholle. Directing attorney Gerry H. Goldsholle to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/24/2023. (mh4s, Deputy Clerk) (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER
14

MOTION to Appear Pro Hac Vice for Robert K. Scott (Filing fee $100, receipt number AMDDC-10454821.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER
15

PAPERLESS ORDER granting 14 Motion to Appear Pro Hac Vice on behalf of Robert K. Scott. Directing attorney Robert K. Scott to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/27/2023. (mh4s, Deputy Clerk) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

PACER
16

NOTICE of Appearance by Nathan Joshua Oleson on behalf of Dennis Curran, Jacob Frank, Roger Goodell, Belinda Lerner (Oleson, Nathan) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
17

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint,,, by Dennis Curran, Jacob Frank, Roger Goodell, Belinda Lerner (Attachments: # 1 Attachment Proposed Order)(Oleson, Nathan) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
18

MOTION to Appear Pro Hac Vice for Amanda S. McGinn (Filing fee $100, receipt number AMDDC-10466406.) by Dennis Curran, Jacob Frank, Roger Goodell, Belinda Lerner(Oleson, Nathan) (Entered: 03/02/2023)

March 2, 2023

March 2, 2023

PACER
19

QC NOTICE: 18 Motion to Appear Pro Hac Vice filed by Belinda Lerner, Dennis Curran, Roger Goodell, Jacob Frank needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
20

CORRECTED MOTION to Appear Pro Hac Vice for Amanda S. McGinn by Dennis Curran, Jacob Frank, Roger Goodell, Belinda Lerner. The fee has already been paid.(Oleson, Nathan) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
21

MOTION to Appear Pro Hac Vice for Eric D. Field (Filing fee $100, receipt number AMDDC-10469893.) by Dennis Curran, Jacob Frank, Roger Goodell, Belinda Lerner (Attachments: # 1 Exhibit Exhibit A)(Oleson, Nathan) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
22

ORDER granting 17 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint. Signed by Judge Julie Rebecca Rubin on 3/6/2023. (mg3s, Deputy Clerk) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
23

NOTICE of Appearance by Edward Joseph Meehan on behalf of The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (Meehan, Edward) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
24

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint,,, by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (Attachments: # 1 Text of Proposed Order)(Meehan, Edward) (Entered: 03/06/2023)

1 Text of Proposed Order

View on PACER

March 6, 2023

March 6, 2023

RECAP
25

MOTION to Appear Pro Hac Vice for Bryan F. Aylstock (Filing fee $100, receipt number AMDDC-10470875.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
26

MOTION to Appear Pro Hac Vice for Douglass A. Kreis (Filing fee $100, receipt number AMDDC-10470921.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
27

MOTION to Appear Pro Hac Vice for Debra Nicole Guntner (Filing fee $100, receipt number AMDDC-10470965.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
28

PAPERLESS ORDER granting 21 Motion to Appear Pro Hac Vice on behalf of Eric D. Field. Directing attorney Eric D. Field to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/7/2023. (mh4s, Deputy Clerk) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

PACER
29

PAPERLESS ORDER granting 25 Motion to Appear Pro Hac Vice on behalf of Bryan F. Aylstock. Directing attorney Bryan F. Aylstock to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/7/2023. (mh4s, Deputy Clerk) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

PACER
30

PAPERLESS ORDER granting 26 Motion to Appear Pro Hac Vice on behalf of Douglass A Kreis. Directing attorney Douglass A Kreis to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/7/2023. (mh4s, Deputy Clerk) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

PACER
31

PAPERLESS ORDER granting 27 Motion to Appear Pro Hac Vice on behalf of Debra Nicole Guntner. Directing attorney Debra Nicole Guntner to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/7/2023. (mh4s, Deputy Clerk) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

PACER
32

MOTION to Appear Pro Hac Vice for Justin G. Witkin (Filing fee $100, receipt number AMDDC-10474624.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

PACER
33

PAPERLESS ORDER granting 32 Motion to Appear Pro Hac Vice on behalf of Justin G. Witkin. Directing attorney Justin G. Witkin to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/8/2023. (mh4s, Deputy Clerk) (Entered: 03/08/2023)

March 8, 2023

March 8, 2023

PACER
34

ORDER granting 24 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint,,, . Signed by Judge Julie Rebecca Rubin on 3/9/2023. (kb3s, Deputy Clerk) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

PACER
35

PAPERLESS ORDER granting 20 Corrected Motion to Appear Pro Hac Vice on behalf of Amanda S. McGinn. Directing attorney Amanda S. McGinn to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/22/2023. (mh4s, Deputy Clerk) (Entered: 03/22/2023)

March 22, 2023

March 22, 2023

PACER
36

NOTICE of Appearance by Nicholas A Migliaccio on behalf of All Plaintiffs (Migliaccio, Nicholas) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER
37

NOTICE of Appearance by Stacey Recht Eisenstein on behalf of Dennis Curran, Jacob Frank, Roger Goodell, Belinda Lerner (Eisenstein, Stacey) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER
38

NOTICE of Appearance by Gregory F Jacob on behalf of The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (Jacob, Gregory) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER
39

MOTION to Appear Pro Hac Vice for Elizabeth L. McKeen (Filing fee $100, receipt number AMDDC-10540973.) by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan(Jacob, Gregory) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER
40

MOTION to Appear Pro Hac Vice for Meredith N. Garagiola (Filing fee $100, receipt number AMDDC-10540974.) by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan(Jacob, Gregory) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER
41

Joint MOTION for Leave to File Excess Pages of Limitation of Memorandum in Support of Motion to Dismiss by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (Attachments: # 1 [PROPOSED] ORDER GRANTING DEFENDANTS JOINT UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMITATION OF MEMORANDUM IN SUPPORT OF MOTION TO DISMISS)(Jacob, Gregory) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER
42

PAPERLESS ORDER granting 39 Motion to Appear Pro Hac Vice on behalf of Elizabeth L. McKeen. Directing attorney Elizabeth L. McKeen to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/14/2023. (mh4s, Deputy Clerk) (Entered: 04/14/2023)

April 14, 2023

April 14, 2023

PACER
43

PAPERLESS ORDER granting 40 Motion to Appear Pro Hac Vice on behalf of Meredith N. Garagiola. Directing attorney Meredith N. Garagiola to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/14/2023. (mh4s, Deputy Clerk) (Entered: 04/14/2023)

April 14, 2023

April 14, 2023

PACER
44

NOTICE of Appearance by Matthew Mulhanney Saxon on behalf of Sam McCullum, Robert Smith, Jeff Van Note (Saxon, Matthew) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
45

MOTION to Appear Pro Hac Vice for Spencer W. Churchill (Filing fee $100, receipt number AMDDC-10552320.) by Sam McCullum, Robert Smith, Jeff Van Note (Attachments: # 1 Attachment A)(Saxon, Matthew) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
46

MOTION to Appear Pro Hac Vice for William G. Miossi (Filing fee $100, receipt number AMDDC-10552337.) by Sam McCullum, Robert Smith, Jeff Van Note (Attachments: # 1 Attachment A)(Saxon, Matthew) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
47

MOTION to Appear Pro Hac Vice for John W. Harding (Filing fee $100, receipt number AMDDC-10552345.) by Sam McCullum, Robert Smith, Jeff Van Note (Attachments: # 1 Attachment A)(Saxon, Matthew) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
48

PAPERLESS ORDER granting 45 Motion to Appear Pro Hac Vice on behalf of Spencer W. Churchill. Directing attorney Spencer W. Churchill to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/19/2023. (mh4s, Deputy Clerk) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
49

PAPERLESS ORDER granting 46 Motion to Appear Pro Hac Vice on behalf of William G Miossi. Directing attorney William G Miossi to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/19/2023. (mh4s, Deputy Clerk) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
50

PAPERLESS ORDER granting 47 Motion to Appear Pro Hac Vice on behalf of John W. H. Harding. Directing attorney John W. H. Harding to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/19/2023. (mh4s, Deputy Clerk) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
51

ORDER granting 41 Joint MOTION for Leave to File Excess Pages of Limitation of Memorandum in Support of Motion to Dismiss. Signed by Judge Julie Rebecca Rubin on 4/19/2023. (kb3s, Deputy Clerk) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
52

Local Rule 103.3 Disclosure Statement by Dennis Curran, Jacob Frank, Roger Goodell, Belinda Lerner, Sam McCullum, Robert Smith, The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan, Jeff Van Note identifying Corporate Parent No Corporate Parent or Affiliate for Belinda Lerner, Dennis Curran, Jacob Frank, Jeff Van Note, Robert Smith, Roger Goodell, Sam McCullum, The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan.(Jacob, Gregory) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER
53

Joint MOTION to Dismiss for Failure to State a Claim/ Defendant's Joint Rule 12(b)(6) Motion to Dismiss by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Hessam Vincent, # 4 Declaration of Gregory F. Jacob, # 5 Index of Exhibits, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K, # 17 Exhibit L, # 18 Exhibit M, # 19 Exhibit N, # 20 Exhibit O, # 21 Exhibit P, # 22 Exhibit Q, # 23 Exhibit R, # 24 Exhibit S, # 25 Exhibit T, # 26 Exhibit U, # 27 Exhibit V, # 28 Exhibit W, # 29 Exhibit X, # 30 Exhibit Y)(Jacob, Gregory) Modified on 7/13/2023 (kb3s, Deputy Clerk). (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

RECAP
54

Consent MOTION for Extension of Time to Respond to Defendants' Joint Rule 12(b)(6) Motion to Dismiss the Complaint by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno (Attachments: # 1 Text of Proposed Order)(Rathod, Jason) (Entered: 04/27/2023)

April 27, 2023

April 27, 2023

PACER
55

ORDER granting 54 Consent MOTION for Extension of Time to Respond to Defendants' Joint Rule 12(b)(6) Motion to Dismiss the Complaint. Signed by Judge Julie Rebecca Rubin on 5/1/2023. (kb3s, Deputy Clerk) (Entered: 05/01/2023)

May 1, 2023

May 1, 2023

PACER
56

AMENDED COMPLAINT against Jacob Frank, Roger Goodell, Belinda Lerner, Sam McCullum, Robert Smith, The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan, Hoby Brenner, Larry Ferazani, filed by Eric Smith, Daniel Loper, Jason Alford, Alex Parsons, Willis McGahee, Joey Thomas, Charles Sims, Michael McKenzie, Lance Zeno, Jamize Olawale. (Attachments: # 1 Exhibit A - Redline of Amended Complaint, # 2 Summons - Larry Ferazani, # 3 Summons - Hoby Brenner)(Rathod, Jason) (Entered: 05/12/2023)

1 Exhibit A - Redline of Amended Complaint

View on RECAP

2 Summons - Larry Ferazani

View on RECAP

3 Summons - Hoby Brenner

View on RECAP

May 12, 2023

May 12, 2023

Clearinghouse
57

Summons Issued 21 days as to Larry Ferazani.(dass, Deputy Clerk) Modified on 5/30/2023 (kb3s, Deputy Clerk). (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
58

Joint MOTION for Extension of Time (Joint Motion for Leave to Extend Deadlines and Exceed Page Limitations) by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (Attachments: # 1 Text of Proposed Order)(Jacob, Gregory) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER
59

ORDER granting 58 Joint MOTION for Extension of Time (Joint Motion for Leave to Extend Deadlines and Exceed Page Limitations). Signed by Judge Julie Rebecca Rubin on 5/22/2023. (dg3s, Deputy Clerk) (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

PACER
60

Summons Issued 21 days as to Hoby Brenner.(kb3s, Deputy Clerk) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
61

(FILED IN ERROR)AFFIDAVIT of Service for Initial Complaint and Summons served on Larry Ferazani on 5/22/2023, filed by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno.(Rathod, Jason) Modified on 6/2/2023 (kb3s, Deputy Clerk). (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER
62

QC NOTICE: 61 Affidavit of Service, filed by Alex Parsons, Lance Zeno, Daniel Loper, Willis McGahee, Eric Smith, Joey Thomas, Jamize Olawale, Charles Sims, Michael McKenzie, Jason Alford was filed incorrectly. ***Please re-file documents by selecting Service of Process> Summons Returned Executed. It has been noted as FILED IN ERROR, and the document link has been disabled. (kb3s, Deputy Clerk) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
63

(FILED IN ERROR) SUMMONS Returned Executed by Eric Smith, Daniel Loper, Jason Alford, Alex Parsons, Willis McGahee, Joey Thomas, Charles Sims, Michael McKenzie, Lance Zeno, Jamize Olawale. Larry Ferazani served on 5/15/2023, answer due 6/5/2023.(Rathod, Jason) Modified on 6/6/2023 (kb3s, Deputy Clerk). (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
64

QC NOTICE: 63 Summons Returned Executed filed by Alex Parsons, Lance Zeno, Daniel Loper, Willis McGahee, Eric Smith, Joey Thomas, Jamize Olawale, Charles Sims, Michael McKenzie, Jason Alford was filed incorrectly.*****Please refile using the correct service date of 5/22/2023. It has been noted as FILED IN ERROR, and the document link has been disabled. (kb3s, Deputy Clerk) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

PACER
65

SUMMONS Returned Executed by Eric Smith, Daniel Loper, Jason Alford, Alex Parsons, Willis McGahee, Joey Thomas, Charles Sims, Michael McKenzie, Lance Zeno, Jamize Olawale. Larry Ferazani served on 5/22/2023, answer due 6/12/2023.(Rathod, Jason) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

PACER
66

SUMMONS Returned Executed by Eric Smith, Daniel Loper, Jason Alford, Alex Parsons, Willis McGahee, Joey Thomas, Charles Sims, Michael McKenzie, Lance Zeno, Jamize Olawale. Hoby Brenner served on 6/1/2023, answer due 6/22/2023.(Rathod, Jason) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

PACER
67

NOTICE of Appearance by Matthew Mulhanney Saxon on behalf of Hoby Brenner (Saxon, Matthew) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER
68

NOTICE of Appearance by Nathan Joshua Oleson on behalf of Larry Ferazani (Oleson, Nathan) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER
69

Joint MOTION to Dismiss for Failure to State a Claim/Defendants' Joint Rule 12(b)(6) Motion to Dismiss Plaintiffs' Amended Class Action Complaint by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Hessam Vincent, # 4 Declaration of Gregory F. Jacob, # 5 Index of Exhibits, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K, # 17 Exhibit L, # 18 Exhibit M, # 19 Exhibit N, # 20 Exhibit O, # 21 Exhibit P, # 22 Exhibit Q, # 23 Exhibit R, # 24 Exhibit S, # 25 Exhibit T, # 26 Exhibit U, # 27 Exhibit V, # 28 Exhibit W, # 29 Exhibit X, # 30 Exhibit Y)(Jacob, Gregory) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

RECAP
70

RESPONSE in Opposition re 69 Joint MOTION to Dismiss for Failure to State a Claim/Defendants' Joint Rule 12(b)(6) Motion to Dismiss Plaintiffs' Amended Class Action Complaint filed by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno.(Rathod, Jason) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
71

Joint MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (Attachments: # 1 Text of Proposed Order)(Jacob, Gregory) (Entered: 08/18/2023)

Aug. 18, 2023

Aug. 18, 2023

PACER
72

ORDER granting 71 Joint MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss. Signed by Judge Julie Rebecca Rubin on 8/22/2023. (kb3s, Deputy Clerk) (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
73

REPLY to Response to Motion re 69 Joint MOTION to Dismiss for Failure to State a Claim/Defendants' Joint Rule 12(b)(6) Motion to Dismiss Plaintiffs' Amended Class Action Complaint filed by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan.(Jacob, Gregory) (Entered: 09/14/2023)

Sept. 14, 2023

Sept. 14, 2023

PACER
74

NOTICE by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno re 70 Response in Opposition to Motion, of Supplemental Authority (Attachments: # 1 Exhibit A - Cloud v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, ___ F. 4th ___, No. 22-10710, 2023 WL 6533182 (5th Cir. Oct. 6, 2023))(Rathod, Jason) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

PACER
75

RESPONSE re 74 Notice (Other), (Defendants' Response to Plaintiffs' Notice of Supplemental Authority) filed by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan.(Jacob, Gregory) (Entered: 10/16/2023)

Oct. 16, 2023

Oct. 16, 2023

PACER
76

(FILED IN ERROR PER COUNSEL)NOTICE by Hoby Brenner, Dennis Curran, Larry Ferazani, Jacob Frank, Roger Goodell, Belinda Lerner, Sam McCullum, Robert Smith, The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan, Jeff Van Note, The 88 Board, The 88 Plan, The Bert Bell/Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Survivor Benefit Plan, The Disability Initial Claims Committee of the Bert Bell/Pete Rozelle NFL Player Retirement Plan, The Disability Initial Claims Committee of the NFL Player Disability & Survivor Benefit Plan, The Retirement Board of the Bert Bell/Pete Rozelle NFL Player Retirement Plan re (69 in 1:23-cv-00358-JRR) Joint MOTION to Dismiss for Failure to State a Claim/Defendants' Joint Rule 12(b)(6) Motion to Dismiss Plaintiffs' Amended Class Action Complaint (Attachments: # 1 Exhibit)Associated Cases: 1:23-cv-00358-JRR, 1:23-cv-02661-JRR(Jacob, Gregory) Modified on 3/20/2024 (kb3s, Deputy Clerk). (Entered: 03/20/2024)

March 20, 2024

March 20, 2024

PACER
77

NOTICE by Hoby Brenner, Larry Ferazani, Jacob Frank, Roger Goodell, Belinda Lerner, Sam McCullum, Robert Smith, The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan re 69 Joint MOTION to Dismiss for Failure to State a Claim/Defendants' Joint Rule 12(b)(6) Motion to Dismiss Plaintiffs' Amended Class Action Complaint (Attachments: # 1 Exhibit)(Jacob, Gregory) (Entered: 03/20/2024)

March 20, 2024

March 20, 2024

PACER
78

MEMORANDUM OPINION. Signed by Judge Julie Rebecca Rubin on 3/20/2024. (kb3s, Deputy Clerk) (Entered: 03/21/2024)

March 20, 2024

March 20, 2024

RECAP
79

ORDER granting in part and denying in part 69 Joint MOTION to Dismiss for Failure to State a Claim/Defendants' Joint Rule 12(b)(6) Motion to Dismiss Plaintiffs' Amended Class Action Complaint. Signed by Judge Julie Rebecca Rubin on 3/20/2024. (kb3s, Deputy Clerk) (Entered: 03/21/2024)

March 20, 2024

March 20, 2024

PACER
80

ORDER re 77 Notice (Other), re 69 Joint MOTION to Dismiss for Failure to State a Claim/Defendants' Joint Rule 12(b)(6) Motion to Dismiss Plaintiffs' Amended Class Action Complaint. Signed by Judge Julie Rebecca Rubin on 3/21/2024. (kb3s, Deputy Clerk) (Entered: 03/21/2024)

March 21, 2024

March 21, 2024

PACER
81

MOTION for Extension of Time / Defendants' Joint Consent Motion for Extension of Time to Answer Plaintiffs' Amended Class Action Complaint by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (Attachments: # 1 Text of Proposed Order)(Jacob, Gregory) (Entered: 03/27/2024)

March 27, 2024

March 27, 2024

PACER
82

ORDER granting 81 MOTION for Extension of Time / Defendants' Joint Consent Motion for Extension of Time to Answer Plaintiffs' Amended Class Action Complaint. Signed by Judge Julie Rebecca Rubin on 3/28/2024. (kb3s, Deputy Clerk) (Entered: 03/28/2024)

March 28, 2024

March 28, 2024

PACER
83

MOTION for Reconsideration re 78 Memorandum Opinion as to the Applicable Statute of Limitations Period by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Rathod, Jason) Modified on 4/24/2024 (kb3s, Deputy Clerk). (Entered: 04/03/2024)

April 3, 2024

April 3, 2024

PACER
84

RESPONSE to Motion re 83 MOTION for Reconsideration re 78 Memorandum Opinion as to the Applicable Statute of Limitations Period / Defendants' Joint Notice of Non-Opposition to Plaintiffs' Motion for Reconsideration filed by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan.(Jacob, Gregory) (Entered: 04/08/2024)

April 8, 2024

April 8, 2024

PACER
85

ORDER Granting in Part 83 MOTION for Reconsideration re 78 Memorandum Opinion as to the Applicable Statute of Limitations Period filed by Alex Parsons, Lance Zeno, Daniel Loper, Willis McGahee, Eric Smith, Joey Thomas, Jamize Olawale, Charles Sims, Michael McKenzie, Jason Alford. Signed by Judge Julie Rebecca Rubin on 4/23/2024. (kb3s, Deputy Clerk) (Entered: 04/23/2024)

April 23, 2024

April 23, 2024

PACER
86

Defendants' Joint ANSWER to 56 Amended Complaint,, by The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan.(Jacob, Gregory) (Entered: 05/03/2024)

May 3, 2024

May 3, 2024

PACER
87

ORDER Directing parties to meet and confer, and by Friday, May 10, 2024, advise chambers by one joint email whether all are available for an off-record telephonic status and scheduling conference on May 16, 2024, between 10:00AM and 2:30PM or May 23, 2024 between 10:00AM and 3:00PM. Signed by Judge Julie Rebecca Rubin on 5/6/2024. (kb3s, Deputy Clerk) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
88

PAPERLESS ORDER: A telephone scheduling conference has been set for Thursday, May 23, 2024 at 12:00 p.m. The parties are directed to dial into the chambers conference line at 1.888.278.0296, access code: 7492675. Signed by Judge Julie Rebecca Rubin on 5/8/2024. (kb3s, Deputy Clerk) (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

PACER
89

NOTICE of Appearance by Benjamin R Barnett on behalf of Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno Associated Cases: 1:23-cv-00358-JRR, 1:23-cv-02661-JRR(Barnett, Benjamin) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

PACER
90

NOTICE of Appearance by Meredith N. Garagiola on behalf of The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (Garagiola, Meredith) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

PACER
91

NOTICE of Appearance by Elizabeth L. McKeen on behalf of The Bert Bell/ Pete Rozelle NFL Player Retirement Plan, The Disability Board of the NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Neurocognitive Benefit Plan, The NFL Player Disability & Survivor Benefit Plan (McKeen, Elizabeth) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

PACER
92

MOTION to Appear Pro Hac Vice for Derek G. Barella (Filing fee $100, receipt number AMDDC-11286977.) by Hoby Brenner, Sam McCullum, Robert Smith (Attachments: # 1 Attachment A)(Saxon, Matthew) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
93

NOTICE to Substitute Attorney (Saxon, Matthew) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
94

AMENDED SCHEDULING ORDER: Status Report due by 1/23/2025. Signed by Judge Julie Rebecca Rubin on 6/3/2024. (dass, Deputy Clerk) (Entered: 06/03/2024)

June 3, 2024

June 3, 2024

PACER
95

PAPERLESS ORDER granting 92 Motion to Appear Pro Hac Vice on behalf of Derek G. Barella. Directing attorney Derek G. Barella to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 6/4/2024. (mh4s, Deputy Clerk) (Entered: 06/04/2024)

June 4, 2024

June 4, 2024

PACER
96

MOTION to Appear Pro Hac Vice for Hillary R. Fidler (Filing fee $100, receipt number AMDDC-11298548.) by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno(Rathod, Jason) (Entered: 06/04/2024)

June 4, 2024

June 4, 2024

PACER
97

PAPERLESS ORDER granting 96 Motion to Appear Pro Hac Vice on behalf of Hillary Fidler. Directing attorney Hillary Fidler to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 6/7/2024. (mh4s, Deputy Clerk) (Entered: 06/07/2024)

June 7, 2024

June 7, 2024

PACER
98

Joint MOTION for Extension of Time to Extend Deadlines in Amended Scheduling Order by Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric Smith, Joey Thomas, Lance Zeno (Attachments: # 1 Text of Proposed Order)(Rathod, Jason) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 9, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Ten former NFL players, with both physical injuries and mental impairments, on behalf of a class of "all participants in the Plan who filed an application for one or more categories of disability benefits under the Plan on or after August 1, 1970.” The punitive class consisted of four proposed subclasses: • The T & P Subclass: All members of the Class who filed an application seeking Total & Permanent Disability benefits on or after August 1, 1970, except for the members of the Active Football Subclass. • The Active Football Subclass: All members of the Class who filed an application for Total & Permanent Disability benefits on or after August 1, 1970 and were within the timeframe to qualify for Active Football benefits at the time they applied. • The LOD Subclass: All members of the Class who filed an application for Line-of-Duty Disability Benefits on or after August 1, 1970. • The NC Subclass: All members of the Class who filed an application for Neurocognitive Disability benefits on or after April 1, 2012.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

National Football League (Baltimore), Private Entity/Person

Case Details

Causes of Action:

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Discrimination Prohibition

Other requirements regarding hiring, promotion, retention

Auditing

Issues

General/Misc.:

Personal injury

Discrimination Area:

Medical Exam / Inquiry

Pay / Benefits