Richardson et al. v. National Football League et al.

Filing 32

MEMORANDUM OPINION AND ORDER: The generalized allegations of the Amended Complaint reveal no effort to plead specific facts connected to particular plaintiffs claims. Because the Amended Complaint fails to plead sufficient facts to state a plausible and timely claim for each of the eighty-nine individual plaintiffs and four executors, the defendants 14 and 17 motion to dismiss the Amended Complaint is granted with leave to file a Second Amended Complaint by May 26, 2009. Plaintiffs are direc ted to allege sufficient facts to establish a prima facie case of personal jurisdiction over CDT in any Second Amended Complaint that is filed. A pre-trial conference will be held on April 1, 2009, at 10:30 A.M., in Courtroom 14A, United States Court house, 500 Pearl Street, New York, New York. All counsel are directed to appear at that time and place. (Pretrial Conference set for 4/1/2009 at 10:30 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge Miriam Goldman Cedarbaum.) (Signed by Judge Miriam Goldman Cedarbaum on 3/27/09) (db) Modified on 4/17/2009 (db).

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF NEW YORK ----------------------------------X WILLIAM RICHARDSON, ET AL., Plaintiffs, MEMORANDUM OPINION AND ORDER 07 Civ. 11632(MGC)

-against-

NATIONAL FOOTBALL LEAGUE, NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL, NATIONAL FOOTBALL LEAGUE PENSION PLAN, NATIONAL FOOTBALL LEAGUE FLEX PLAN, NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL PENSION PLAN, NFL EMPLOYEE BENEFIT COMMITTEE, AND COMPREHENSIVE DRUG TESTING, INC. Defendants. ----------------------------------X APPEARANCES:

SCHNADER HARRISON SEGAL & LEWIS LLP Attorneys for Plaintiffs 140 Broadway, Suite 3100 New York, New York 10005 By: M. Christine Carty, Esq. Carl J. Schaerf, Esq.

1

LEVY TOLMAN Attorneys 630 Third New York, By:

& COSTELLO, LLP for Plaintiffs Avenue New York 10017

Robert J. Costello, Esq.

SKADDEN ARPS SLATE MEAGHER & FLOM LLP Attorneys for Defendants National Football League, National Football League Management Council, National Football League Pension Plan, National Football League Flex Plan, National Football League Management Council Pension Plan, and NFL Employee Benefit Committee Four Times Square New York, New York 10036 By: Jay S. Berke, Esq. Shepard Goldfein, Esq.

P.C. Attorneys for Defendant Comprehensive Drug Testing, Inc. 900 Third Avenue New York, New York 10022
L I T T L E R MENDELSON

By:

Michael P. Pappas, Esq.

2

Cedarbaum, J. Eighty-nine individual plaintiffs and the executors of four plaintiffs' estates assert varied claims under the Employee Retirement Income Security Act of 1974 and the Age Discrimination in Employment Act of 1967. Defendants National Football League

Flex Plan, National Football League Management Council Pension Plan, NFL Employee Benefit Committee, National Football League, National Football League Management Council, National Football League Pension Plan, National Football League Capital Accumulation Plan move to dismiss the Amended Complaint for failure to state a claim. Defendant Comprehensive Drug Testing,

Inc. ("CDT") moves to dismiss plaintiffs' claims against it for failure to state a claim, as well as for lack of personal jurisdiction. A complaint must plead "enough facts to state a claim for relief that is plausible on its face." Bell Atlantic Corp. v.

Twombly, 550 U.S. 544, ---, 127 S.Ct. 1955, 1974 (2007). The generalized allegations of the Amended Complaint reveal no effort to plead specific facts connected to particular plaintiffs' claims. Because the Amended Complaint fails to plead

sufficient facts to state a plausible and timely claim for each of the eighty-nine individual plaintiffs and four executors, the defendants' motion to dismiss the Amended Complaint is granted with leave to file a Second Amended Complaint by May 26, 2009.

3

Plaintiffs are directed to allege sufficient facts to establish a prima facie case of personal jurisdiction over CDT in any Second Amended Complaint that is filed. A pre-trial conference will be held on April 1, 2009, at 10:30 A.M., in Courtroom 14A, United States Courthouse, 500 Pearl Street, New York, New York. at that time and place. SO ORDERED. Date: New York, New York March 27, 2009 All counsel are directed to appear

S/______________________________ MIRIAM GOLDMAN CEDARBAUM United States District Judge

4