Friday, October 30, 2026

In Flores v NFL Race Case Discovery Giants Withheld Lawyer Names But Now Must Give



In Flores v NFL Race Case Discovery Giants Withheld Lawyer Names But Now Must Give

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, Oct 29 รข€“ In the racial discrimination case against the National Football League by Brian Flores and others, on May 2, 2022 U.S. District Court for the Southern District of New York Judge Valerie E. Caproni held a hearing. Inner City Press live tweeted it here and below.

On July 1 Flores' lawyers wrote to Judge Caproni (letter on Patreon here) requesting (and attaching) "appropriate discovery" - Wigdor's letter to Loretta Lynch including about Roger Godell's compensation and relationships with law firms, and Lynch's letter of June 27 calling the requests "entirely outside the scope of permissible discovery."

But not so fast. On July 18, Judge Caproni granted the coaches' request to put off their deadlines to answer the NFL's motion to compel arbitration, pending her decision on the coaches' request for discovery. Order on Patreon here.

Jump cut to April 3, 2026 in court, Inner City Press live tweeted here:

Judge Caproni: The likelihood of my granting the motion for reconsideration is low.

NFL's lawyer Loretta Lynch: The Dolphins, Cardinals and Titans will file their motion. The NFL will as well. Judge: If it's denied, would the plaintiff move to expedite the appeal?

Judge: Discovery will go forward. How about January 8, 2017?

Giants, Mr. Carroll? Carroll: Yes.

Judge: Because that is a long discovery schedule, I want a joint status letter on the first of each month.

Judge: I will see you again on January 8, 2027 at the end of fact discovery. Any interest in a settlement conference - the NFL is not interested?

Loretta Lynch: We are not.

Judge: I don't believe in shotgun weddings.

 Judge: Anything from the New York Giants? Y'all gonna lose again this year? [Laughter]

On May 26, the Supreme Court denied cert for the NFL's appeal seeking to compel arbitration - with Roger Goodell as the arbitrator. Justice Brett Kavanaugh dissented.

On August 6 Magistrate Judge Sarah L. Cave ordered answers by August 11 "with respect to Defendant Houston NFL Holdings, L.P. d/b/a Houston Texans (the "Texans"), the basis for seeking discovery concerning hiring other than the 2022 hiring cycle; d. with respect to Defendant Denver Broncos (the "Broncos"), the basis for seeking (i) discovery concerning hiring cycles other than the 2019 cycle in which Plaintiff Brian Flores was a candidate, and (ii) John Elway's calendar for the periods before January 1, 2019 and after February 1, 2019; and e. with respect to Defendant New York Football Giants, Inc., d/b/a New York Giants (the "Giants"), the basis for seeking discovery concerning the hiring cycle that resulted in the hiring of John Harbaugh as head coach in 2026" - full order on Patreon here.

On October 29, a discovery conference about the Giants, Inner City Press live tweeted here

Judge Cave: Tell me about interrogatory 23. Flores' lawyer: We asked the Giants to identify anyone at the NFL office the Giants communicated with about this lawsuit. They say, there is no non-lawyer. So who are the lawyers? It goes to the integrated enterprise

Judge Cave: Giants? Giants' lawyer from McCarter & English: We take issue with this. Mere participation in legal consultation does not make them fact witnesses. With respect to the Texans, that's a red herring. The interrogatory to them was different.

Giants' lawyer: Flores claims retaliation against the Texans, that they hired another coach after he filed this lawsuit. Judge Cave: But why not disclose the names of the attorneys? Giants' lawyer: It will be on a privilege log Flores' lawyer: The time is now

 Flores' lawyer: The Giants are deliberately withholding information. Who was communicating with Mr. Goodell? Giants' lawyer: We are not denying them any discovery they are entitled to. Judge Cave: I'm not aware of any legal authority that supports that.

Judge Cave: So I am ordering- Giants' lawyer: Your Honor, we- Judge Cave: I am making my ruling. I gave you a chance to argue. I am ordering the Giants' to supplement their response with the names. Next the Friday after Thanksgiving

More on X for Subscribers here and Substack here

Inner City Press will continue to cover the case.

The case is Flores, et al. v. The National Football League, et al., 22-cv-871 (Caproni) 

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