By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag
SDNY COURTHOUSE, July 18 – In the racial discrimination case against the National Football League by Brian Flores and others, on May 2 U.S. District Court for the Southern District of New York Judge Valerie E. Caproni held a hearing. Inner City Press live tweeted it here and below.
On July 1 Flores' lawyers wrote to Judge Caproni (letter on Patreon here) requesting (and attaching) "appropriate discovery" - Wigdor's letter to Loretta Lynch including about Roger Godell's compensation and relationships with law firms, and Lynch's letter of June 27 calling the requests "entirely outside the scope of permissible discovery."
But not so fast. On July 18, Judge Caproni granted the coaches' request to put off their deadlines to answer the NFL's motion to compel arbitration, pending her decision on the coaches' request for discovery. Order on Patreon here. Watch this site.
From May 2: Flores' lawyer Douglas Wigdor: Your Honor should look at the underlying agreements - the NFL's attempt to force us into arbitration is unconscionable and would bar us from enforcing our rights. Mr. Flores interviewed with the NY Giants and was not subject to arbitration
Judge Caproni: I understand your argument that he was not subject arbitration when seeking a job, so can sue for failure to hire. But on the rest --
Flores' lawyer: This is a unique circumstance.
Judge Caproni: Every case says it's unique.
Flores' lawyer: Roger Godell cannot be a fair arbitrator. He has unconscionable bias. He is paid over $100 million, and already expressed an opinion. He is biased. The failure to hire is not subject to arbitration so some piece of this case will be before this case anyway.
Judge Caproni: So the question on the table is whether to proceeding in small bites.
NFL's lawyer Loretta Lynch of Paul Weiss: This is all subject to arbitration NFL's lawyer: This is a contract issue. There is no need for discovery at this time.
Judge Caproni: I will set a briefing schedule on the motion to compel. Mr. Widgor [Doug Wigdor, Flores' lawyer] if you feel there's a need for discovery, write me a 5 page letter
Judge Caproni: The NFL's motion to compel is due on June 21, 25 page maximum. The plaintiffs' opposition is due July 22 and NFL's reply is due Aug 9. Do you want a referral for settlement conference? Wigdor: We are interested in the NFL being fair to black coaches.
NFL's lawyer Loretta Lynch: We are taking steps, and invited Mr. Flores and Wigdor to be involved. But they have declined to do so. We don't see that a settlement conference would be useful.
Wignor: We'll only meet with judge present. Not with Godell.
Judge Caproni: I take that as a "No." I still this could benefit from settlement. But you're not ready.
Wignor: Glad to be in court.
Judge Caproni: Please come back. Adjourned.
Inner City Press will continue to cover the case.
The case is is Flores, et al. v. The National Football League, et al., 22-cv-871 (Caproni)
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