Brady et al v. National Football League et al

Filing 133

ORDER granting in part and denying in part 127 Motion for Extension of Time to Answer re VACATING 129 Order on Motion for Extension of Time to Answer. Signed by Magistrate Judge Jeanne J. Graham on 5/23/11. (RLR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Tom Brady, Drew Brees, Vincent Jackson,
Ben Leber, Logan Mankins, Peyton
Manning, Von Miller, Brian Robison, Osi
Umenyiora, Mike Vrabel, Carl Eller,
Priest Holmes, Obafemi Ayanbadejo,
Antawan Walker, and Ryan Collins,
individually, and on behalf of all others
similarly situated,

Civil No. 11-0639 (SRN/JJG)

Plaintiffs,
v.

ORDER

National Football League, et al.,
Defendants.
JEANNE J. GRAHAM, United States Magistrate Judge
This case is before the undersigned on Defendants’ Motion for Extension of Time to File
Answer to First Amended Class Action Complaint (Doc. No. 127) and a sua sponte reconsideration
of this Court’s Order of May 19, 2011 (Doc. No. 129).
Plaintiffs Tom Brady, Drew Brees, Vincent Jackson, Ben Leber, Logan Mankins, Peyton
Manning, Von Miller, Brian Robison, Osi Umenyiora, and Mike Vrabel initiated this action by
filing a Complaint on March 11, 2011. The parties stipulated to an extension of time until April 27,
2011 for Defendants to answer, and the Court approved the stipulation. The parties later stipulated
to a second extension until May 23, 2011, which the Court also approved. On May 3, 2011,
Plaintiffs filed an Amended Complaint. Defendants now move for an extension of time until July 6,
2011 to answer the Amended Complaint.

Plaintiffs Carl Eller, Priest Holmes, Obafemi Ayanbadejo, Antawan Walker, and Ryan
Collins commenced a separate action on March 28, 2011. The Eller Plaintiffs and Defendants
stipulated to an extension of June 1, 2011 for Defendants to answer or otherwise respond.
Meanwhile, on April 11, 2011, the two cases were consolidated into the first-filed Brady case.
On May 18, 2011, Defendants and the Eller Plaintiffs stipulated to an extension of time until
July 6, 2011 for Defendants to answer or otherwise respond, and this Court approved the stipulation
the following day. The Brady Plaintiffs refused to stipulate to another extension, however,
prompting Defendants to file the present motion two business days before their time to answer
expired.
Based on the briefing of Defendants and the Brady Plaintiffs, this Court will grant
Defendants an extension of time to answer or otherwise respond to the Brady Plaintiffs’ Amended
Complaint, but only until June 6, 2011. The Court acknowledges that the injunction of the lockout is
on appeal, but there are other significant factors weighing strongly in favor of moving forward with
the rest of the case. Regardless of the ruling on appeal, this case is likely to proceed on the Brady
Plaintiffs’ other claims. Further, the Brady Plaintiffs have already agreed to two extensions of time
to answer, already resulting in forty-nine additional days for Defendants to answer or otherwise
respond.
Finally, judicial economy dictates that litigation in the Brady and Eller matters proceed
concurrently. Therefore, the Court vacates its order of May 19, 2011, and instructs Defendants to
answer or otherwise respond to the Eller Plaintiffs’ Amended Complaint by June 6, 2011.

Accordingly, IT IS HEREBY ORDERED that:
1.

Defendants’ Motion for Extension of Time to File Answer to First Amended Class

Action Complaint (Doc. No. 127) is GRANTED IN PART and DENIED IN PART in that the
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time within which each and every Defendant shall have to answer, move against, or otherwise
respond to the Brady Plaintiffs’ Amended Complaint is extended to June 6, 2011.
2.

This Court’s Order of May 19, 2011 (Doc. No. 129) is VACATED.

3.

The Stipulation for Extension of Time to Answer or Otherwise Plead (Doc. No. 125)

is approved in that the time within which each and every Defendant shall have to answer, move
against, or otherwise respond to the Eller Plaintiffs’ Amended Complaint is extended to June 6,
2011.

Dated: May 23, 2011
s/ Jeanne J. Graham
JEANNE J. GRAHAM
United States Magistrate Judge

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