By Matthew Russell Lee, Patreon Maxwell Book
SDNY COURTHOUSE, Sept 26 – 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.
The NFL filed a notice of interlocutory appeal, and on August 21 wrote to Judge Caproni formally raising the holding in Coinbase v. Bielski "that a district court must stay its pre-trial and trial proceedings while an interlocutory appeal under 9 USC 16(a) is ongoing."
On August 22 Judge Caproni endorsed the letter and stayed the case: "MEMO ENDORSEMENT on re: [114] Letter filed by The National Football League, Denver Broncos, Houston NFL Holdings, L.P., New York Football Giants, Inc. ENDORSEMENT: Application GRANTED. The August 30, 2023, conference is CANCELLED, and all deadlines are STAYED. The Clerk of Court is respectfully directed to STAY the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/21/2023)."
Jump cut to June 17, 2025 when on Steve Wilks' lawyer, this: "ORDERED that Mr. Caspino is ordered to show cause why the Court should not refer him to the disciplinary panel of this Court to consider whether he should be sanctioned for his conduct."
After he responded on July 31 he was ordered to appear in SDNY on August 25. On August 21 he wrote in that he can't come, being due to appear on Orange County Superior Count on a motion for summary judgment, adding that "it would be an undue hardship for me to have to travel to New York City."
On August 25 Judge Caproni pushed the proceeding back to August 26. After that Caspino wrote in again that he cannot come. Judge Caproni denied his request to appear by phone.
Then at 2:45 pm Judge Caproni took to the bench, confirmed that Caspino was not present, and said she will issue an order to show cause why he should not be sanctioned.
On September 26 Inner City Press covered the hearing, including
Caspino: I have never myself filed a document on ECF or PACER in my 30 year career. I am not a tech person.
Judge: So you're trying to blame it all on your secretary...
Judge: Tell me why I should not refer you for discipline.
Caspino: I could not be in two places at once.
Judge: I want a declaration from your client that he never paid you any money. Adjourned
More on X for Subscribers here and Substack here
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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