Hughes v. National Football League

Filing 26

ORDER terminating #24 Letter Motion to Adjourn Conference; granting #25 Letter Motion to Adjourn Conference. Application granted. The telephonic initial pretrial conference is hereby adjourned. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/17/2023) (jca)

Case 1:22-cv-10743-RA Document 26 Filed 01/17/23 Page 1 of 3

1055 Thomas Jefferson St,
NW, Suite 540

Michael L. Murphy
[e-mail]

Washington, DC 20007
Tel: [phone]
Fax: [phone]

January 16, 2023

By ECF
The Hon. Ronnie Abrams
Thurgood Marshall
United States Courthouse
40 Foley Square
New York, NY 10007
Re:

Israel James v. National Football League - REVISED
Case No. 1:22-cv-10743

Dear Judge Abrams:
This letter is in response to your order dated January 3, 2023. As an initial matter, the
parties respectfully request that the Court adjourn the January 20, 2023 initial status conference,
as the parties are discussing consolidation of this case, James v. National Football League, Case
No. 1:22-cv-10743, with another case pending in this District, Alex v. NFL Enterprises LLC et
al., Case No. 1:22-cv-09239-ALC. Moreover, because Plaintiff has indicated that he will be
filing an amended complaint, the parties further request that the case management plan and
scheduling order due dates be entered and continued until after the consolidation and amendment
issues are addressed on the dates set forth below.
Further, the parties provide the following information about the matter:
1.

A brief description of the nature of the action and the principal defenses thereto;
Plaintiff: This is a putative class action asserting a single claim under the Video Privacy
Protection Act, 18 U.S.C. § 2710 (“VPPA”). Plaintiff’s complaint (the “Complaint”) alleges
that the National Football League (“NFL”) violated the VPPA by disclosing to Facebook the
video viewing activity and Facebook User ID of alleged “digital subscribers” without proper
consent.
Defendant: The NFL denies the allegations in Plaintiff’s complaint, including denying any
liability to Plaintiff under the VPPA. The NFL also has been unable to find any records to
support Plaintiff’s contention that he registered to receive an NFL newsletter in 2015 (on
which he bases his allegation that he is a purported “digital subscriber,” much less that he
was a “consumer” as defined by the VPPA. Once Plaintiff files an amended complaint, the
NFL intends to assert all applicable defenses, and to vigorously defend itself against
Plaintiff’s allegations.

Case 1:22-cv-10743-RA Document 26 Filed 01/17/23 Page 2 of 3

2.

A brief explanation of why jurisdiction and venue lie in this Court. If any party is a
corporation, the letter shall state both the place of incorporation and the principal
place of business. If any party is a partnership, limited partnership, limited liability
company or trust, the letter shall state the citizenship of each of the entity’s members,
shareholders, partners and/or trustees;
Plaintiff alleges that this Court has subject matter jurisdiction over his VPPA claim pursuant
to 28 U.S.C. § 1331 and the Class Action Fairness Act, 28 U.S.C. § 1332(d). Plaintiff further
alleges that venue is proper in this Court pursuant to 28 U.S.C. § 1391 because the NFL does
business in this District, and because a substantial part of the events or omissions giving rise
to the claim originated in this District.
The NFL agrees that venue is proper because it does business in this District, and that the
Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331. The NFL is an
unincorporated association of thirty-two (32) member clubs, with its principal place of
business in New York City.

3.

A brief description of all contemplated and/or outstanding motions;
The Plaintiff anticipates filing a motion seeking leave to amend the complaint. The NFL does
not oppose such a motion. Plaintiff anticipates filing this motion by January 20, 2023.
Additionally, and as stated above the parties have discussed the potential for a motion to
consolidate this matter with another VPPA case filed against the NFL (Alex et al. v. National
Football League, 1:22-cv-09239-ALC). If a motion to consolidate is filed, the parties suggest
a deadline of January 31, 2023.
The parties further agree that the NFL’s deadline to respond to any amended complaint
would be 30 days after a decision on any motion to consolidate is filed, or March 2, 2023,
whichever is later.

4.

A brief description of any discovery that has already taken place, and/or that which
will be necessary for the parties to engage in meaningful settlement negotiations;
No discovery has taken place at this time. Given the consolidation and amendment issues,
the parties are not yet able to assess settlement.

5.

A brief description of prior settlement discussions (without disclosing the parties’
offers or settlement positions) and the prospect of settlement;

Given the early stage of this litigation and the open issues, the parties have not discussed
settlement.
6.

The estimated length of trial;
The parties are unable to gauge the length of trial at this time, as it may be dependent upon
the amended complaint and the consolidation of the claims of multiple plaintiffs.

Case 1:22-cv-10743-RA Document 26 Filed 01/17/23 Page 3 of 3

7.

Any other information that the parties believe may assist the Court in advancing the
case to settlement or trial, including, but not limited to, a description of any
dispositive issue or novel issue raised by the case.
None at this time.

Respectfully submitted,

Michael L. Murphy, Esq.
MLM/les

Application granted. The telephonic initial pretrial
conference is hereby adjourned.
SO ORDERED.
_________________
Hon. Ronnie Abrams
United States District Judge
1/17/2023