Richard Dent, et al v. National Football League

Filing 91

MODIFIED ORDER RE BRIEFING ON SUBMISSION OF THE NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION. (whalc2, COURT STAFF) (Filed on 11/18/2014).

1 ALLEN J. RUBY (SBN 47109)
[e-mail]
2 JACK P. DICANIO (SBN 138782)
[e-mail]
3 TIMOTHY A. MILLER (SBN 154744)
[e-mail]
4 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1400
5 Palo Alto, California 94301
Telephone: [phone]
6 Facsimile: [phone]
7 DANIEL L. NASH (pro hac vice)
[e-mail]
8 STACEY R. EISENSTEIN (pro hac vice)
[e-mail]
9 MARLA S. AXELROD (pro hac vice)
[e-mail]
10 AKIN GUMP STRAUSS HAUER & FELD LLP
1333 New Hampshire Ave., NW
11 Suite 1000
Washington, DC 20036
12 Telephone: [phone]
Facsimile: 202-887-4288
13
Attorneys for Defendant
14 NATIONAL FOOTBALL LEAGUE
15
UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17

SAN FRANCISCO DIVISION

18
19

RICHARD DENT, et al.,
Plaintiffs,

20
21
22
23

v.
NATIONAL FOOTBALL LEAGUE,

CASE NO.: 3:14-CV-02324-WHA
MODIFIED
STIPULATION AND [PROPOSED]
ORDER RE BRIEFING ON
SUBMISSION OF THE NATIONAL
FOOTBALL LEAGUE PLAYERS
ASSOCIATION

Defendant.

24
25
26
27
28
STIP. AND [PROPOSED] ORDER RE BRIEFING ON NFLPA SUBMISSION

CASE NO.: 3:14-CV-02324-WHA

1

Plaintiffs and Defendant National Football League ("NFL") hereby stipulate and agree, by

2 and through their undersigned counsel of record, as follows:
3

WHEREAS, on September 11, 2014, Plaintiffs filed their Second Amended Complaint (the

4 "SAC") (ECF No. 65);
5

WHEREAS, pursuant to paragraph three of the Court's August 22, 2014, Case

6 Management Order (ECF No. 46), on September 25, 2014, the NFL filed two motions to dismiss
7 the SAC, one addressing preemption under Section 301 of the Labor Management Relations Act
8 (ECF No. 72) and the other addressing the NFL's other grounds for dismissal under Rule 12 of the
9 Federal Rules of Civil Procedure (ECF No. 74). Opposition (ECF Nos. 79 and 80) and Reply (ECF
10 Nos. 81 and 82) papers were filed;
11

WHEREAS, on October 30, 2014, the Court held a hearing on the NFL's motions to

12 dismiss;
13

WHEREAS, at the October 30, 2014, hearing, the Court requested that the parties contact

14 the National Football League Players Association ("NFLPA") and convey the Court's request that
15 the NFLPA address two questions posed by the Court (MTD Hr'g Tr. 54-55, ECF No. 87);
16

WHEREAS, the Court took the NFL's motions to dismiss under submission in order to

17 permit the NFLPA to respond to the Court's request, and those motions remain pending;
18

WHEREAS, as requested by the Court, on November 5, 2014, the NFLPA submitted a

19 letter to the Court (through counsel) stating that the NFLPA will, on November 19, 2014, file a
20 substantive submission addressing the particular issues raised by the Court (ECF No. 89);
21

WHEREAS, at the October 30, 2014, hearing, the Court stated that it would permit

22 Plaintiffs and the NFL each to respond to the NFLPA's submission (MTD Hr'g Tr. 55:21-24, ECF
23 No. 87); and
24

WHEREAS, the parties met and conferred regarding a proposed schedule for submitting a

25 response to the NFLPA's submission taking into consideration the schedules of counsel,
26 particularly given the upcoming holiday; and
27

WHEREAS, the parties have agreed and respectfully propose that the parties file
by 11 pm on November 21, 2014,
28 simultaneous briefs not to exceed 10 pages in length on November 25, 2014, which shall be limited

1
STIP. AND [PROPOSED] ORDER RE BRIEFING ON NFLPA SUBMISSION

CASE NO.: 3:14-CV-02324-WHA

1 to addressing the responses by the NFLPA to the questions posed to the NFLPA by the Court at the
2 October 30, 2014, hearing;
3

IT IS HEREBY STIPULATED AND AGREED among the NFL and the Plaintiffs

4 through their undersigned counsel, subject to the approval of the Court, that:
11 pm on November 21, 2014,
5
1.
On or before November 25, 2014, Plaintiffs will submit their response to the
6 submission by the NFLPA, which will not exceed 10 pages.
11 pm on November 21, 2014,
7
2.
On or before November 25, 2014, the NFL will submit its response to the
8 submission by the NFLPA, which will not exceed 10 pages.
9

3.

The briefs of the Plaintiffs and NFL will be limited to addressing the responses by

10 the NFLPA to the questions posed to by the Court at the October 30, 3014 hearing.
11
12 Dated: November 17, 2014
13

SILVERMAN|THOMPSON|SLUTKIN|WHITE|LLC
NAMANNY BYRNE & OWENS, P.C.
ROBBINS GELLER RUDMAN & DOWD LLP

14
15

By: /s/ William N. Sinclair
WILLIAM N. SINCLAIR

16

Counsel for Plaintiffs
RICHARD DENT, ET AL.

17
18 Dated: November 17, 2014
19

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
AKIN GUMP STRAUSS HAUER & FELD LLP

20
21
22
23

By: /s/ Allen J. Ruby
ALLEN J. RUBY
Counsel for Defendant
NATIONAL FOOTBALL LEAGUE

24
25
26
27
28

2
STIP. AND [PROPOSED] ORDER RE BRIEFING ON NFLPA SUBMISSION

CASE NO.: 3:14-CV-02324-WHA

1
2

[PROPOSED] ORDER
MODIFIED
PURSUANT TO STIPULATION, IT IS SO ORDERED.

3
18
4 Date: November ___, 2014.
5

______________________________
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
STIP. AND [PROPOSED] ORDER RE BRIEFING ON NFLPA SUBMISSION

CASE NO.: 3:14-CV-02324-WHA