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In Flores v NFL Race Case Discovery to 2017 Reconsideration Unlikely and No NFL Talks

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, April 3 – 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. 8Judge: 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: Meet, plan, schedule. There are holidays in December. Santa Claus and all that stuff. Don't come to me and say, all these people are still playing football

Judge: Because that is a long discovery schedule, I want a joint status letter on the first of each month. Any ESI protocal and protective order? Plaintiffs' lawyer: It's on our agenda. Judge: I want a protective order and letter why not by the end of this month

 Loretta Lynch: We want to make sure that when a privilege log is produced, it is thorough. We oppose a rolling basis.  Judge: Mr. Gottlieb? Plaintiffs' lawyer Gottlieb: We need to be able to contest privilege designation as they come about. Don't wait to the end

Judge: In your letter on April 30, include it. Anything more on discovery? No, no. Judge: Expert discovery, three months from the end of fact discovery. Is that damages? Gottlieb: That and disparate impact. Judge: Class cert, a motion would be premature.

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]

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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