Brady et al v. National Football League et al

Filing 157

Amended MOTION to Alter/Amend/Supplement Pleadings Leave to Amend and Crossclaim by Obafemi Ayanbadejo, Ryan Collins, Carl Eller. (Attachments: # 1 Second Amended Complaint and Crossclaim, # 2 Exhibit Index to Second Amended Complaint and Crossclaim, # 3 Exhibit(s) A-O to Second Amended Complaint and Crossclaim, # 4 Exhibit(s) P to Second Amended Complaint and Crossclaim, # 5 Exhibit(s) Q-T to Second Amended Complaint and Crossclaim, # 6 Exhibit(s) U to Second Amended Complaint and Crossclaim, # 7 Exhibit(s) V-X to Second Amended Complaint and Crossclaim, # 8 Redlined Second Amended Complaint and Crossclaim)(Stuckey, Shawn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
Carl Eller, Priest Holmes, Obafemi
Ayanbadejo, Ryan Collins, and Antawan
Walker, individually, and on behalf of all
others similarly situated,
Civil Action No: 11-cv-00639 SRN/JJG
Plaintiffs,
v.
National Football League, Arizona
Cardinals, Inc., Atlanta Falcons Football
Club LLC, Baltimore Ravens Limited
Partnership, Buffalo Bills, Inc., Panthers
Football LLC, Chicago Bears Football
Club, Inc., Cincinnati Bengals, Inc.,
Cleveland Browns LLC, Dallas Cowboys
Football Club, Ltd., Denver Broncos
Football Club, Detroit Lions, Inc., Green
Bay Packers, Inc., Houston NFL Holdings
LP, Indianapolis Colts, Inc., Jacksonville
Jaguars Ltd., Kansas City Chiefs Football
Club, Inc., Miami Dolphins, Ltd.,
Minnesota Vikings Football Club LLC,
New England Patriots, LP, New Orleans
Louisiana Saints, LLC, New York Football
Giants, Inc., New York Jets Football Club,
Inc., Oakland Raiders LP, Philadelphia
Eagles Football Club, Inc., Pittsburgh
Steelers Sports, Inc., San Diego Chargers
Football Co., San Francisco Forty Niners
Ltd., Football Northwest LLC, The Rams
Football Co. LLC, Buccaneers Limited
Partnership, Tennessee Football, Inc.,
Washington Football Inc.

AMENDED MOTION FOR
LEAVE TO FILE SECOND
AMENDED COMPLAINT AND
CROSSCLAIM

Defendants.
---------------------------------------------------x

Pursuant to Fed.R.Civ.P. 15(a) and Fed.R.Civ.P. 13, Plaintiffs Carl Eller, Obafemi
1

Ayanbadejo, and Ryan Collins the (“Eller Plaintiffs”) hereby move the Court for leave to
file and serve their Second Amended Complaint and Crossclaims.
The Eller Plaintiffs’ original Motion for Leave to Amend sought to add three
claims. Specifically those claims were:
1) A claim for monetary relief in addition to the original injunctive relief claim;
2) A cause of action against the NFL Defendants, the National Football League Players
Association (“NFLPA”) and its Executive Director, DeMaurice Smith, and a
Crossclaim against Tom Brady, Drew Brees, Vincent Jackson, Ben Leber, Logan
Mankins, Peyton Manning, Von Miller, Brian Robison, Osi Umenyiora, and Mike
Vrabel (the named plaintiffs in the case of Brady v. NFL, No. 0:11-cv-00639 SRN
JGG (D. Minn.) (“the Brady Plaintiffs”)) for unlawfully engaging in settlement
negotiations; and
3) A cause of action against the NFLPA for breach of fiduciary duties.

Additionally, the Eller Plaintiffs’ Motion for Leave to Amend sought to add
additional plaintiffs.
In addition to the changes proposed in the original Motion for Leave to Amend,
this Amended Motion for Leave to Amend is submitted to correct the caption on the
originally filed Motion, to remove proposed Plaintiff Michael Haynes from the
previously proposed Second Amended Complaint (Dkt. 142-1), and to make
changes/additions to two paragraphs of the proposed Second Amended Complaint in light
of the recent decision in this case by the Eighth Circuit Court of Appeals on Friday July
8, 2011. See Brady v. NFL, 2011 U.S. App. LEXIS 14111 (8th Cir. 2011) (“Brady”).

2

Specifically, by this Amended Motion, the Eller Plaintiffs seek leave to file the
Second Amended Complaint with the following changes in addition to those set forth
above:
1)

Correct the caption to reflect the existing caption as opposed to the
proposed caption;

2)

Remove proposed Plaintiff Michael Haynes from the caption;

3)

Remove Paragraph 18, which made reference to Michael Haynes;

4)

Change Paragraph 165 (formerly Paragraph 166) by correcting the
misspelling of “declaratory rlief[,]” changing it to “declaratory relief”
and adding after “declaratory relief” the phrase “and injunctive relief
pursuant to 29 U.S.C. Section 107”; and

5)

Change Paragraph 5 of the Prayer for Relief by adding the phrase “and
injunctive relief.”

Additionally, in light of the Eighth Circuit’s Opinion in Brady, the Eller Plaintiffs
plan to file a request for a hearing on the requested injunctive relief.
This Amended Motion is based upon all of the files and records herein, the
Memorandum of Law filed in Support of the Motion, and the recent decision in Brady.

Dated: July 13, 2011

Respectfully Submitted,

Michael D. Hausfeld
Hilary K. Scherrer
HAUSFELD LLP
1700 K Street, NW

s/Shawn D. Stuckey
Mark J. Feinberg (#28654)
Michael E. Jacobs (#0309552)
Shawn D. Stuckey (#0388976)
ZELLE HOFMANN VOELBEL &
3

Suite 650
Washington, D.C. 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

MASON, LLP
500 Washington Avenue, South
Suite 4000
Minneapolis, MN 55415
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

Michael P. Lehmann
Jon T. King
Arthur N. Bailey, Jr.
HAUSFELD LLP
44 Montgomery Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

Daniel S. Mason
ZELLE HOFMANN VOELBEL &
MASON, LLP
44 Montgomery Street
Suite 3400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Samuel D. Heins (#43576)
Vince J. Esades (#249361)
HEINS MILLS & OLSON, P.L.C.
310 Clifton Avenue
Minneapolis, MN 55403
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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