| NFL In
Discrimination Case Says Arbitration By
Godell Is Required So Reply by Coaches
July 22
By Matthew
Russell Lee, Patreon Maxwell
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BBC-Guardian
UK - Honduras
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NY
Mag
SDNY COURTHOUSE,
May 2 – 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:
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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