| 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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