EASTERLING et al v. NATIONAL FOOTBALL LEAGUE, INC.

Filing 19

MOTION to Dismiss the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by NATIONAL FOOTBALL LEAGUE, INC..Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order, # 3 Declaration of Dennis L. Curran)(KARP, BRAD)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHARLES RAY EASTERLING and his
wife, MARY ANN EASTERLING, et al.,

CIVIL ACTION
Case No. 11-CV-05209-AB

Plaintiffs,
v.
NATIONAL FOOTBALL LEAGUE,
INC.,
Defendant.

THE NATIONAL FOOTBALL LEAGUE’S
MOTION TO DISMISS PLAINTIFFS’ AMENDED COMPLAINT
PURSUANT TO FED. R. CIV. P. 12(b)(1) AND 12(b)(6)
Defendant National Football League (incorrectly identified in the amended
complaint as “National Football League, Inc.”; hereinafter, the “NFL”), by its attorneys
Paul, Weiss, Rifkind, Wharton & Garrison LLP and Duane Morris LLP, moves pursuant
to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss plaintiffs’ amended
complaint in its entirety. In support of this motion, the NFL relies on the points and
authorities in the accompanying memorandum of law, and the accompanying Declaration
of Dennis L. Curran and exhibits thereto, which the NFL submits herewith and
incorporates herein in their entirety.
The NFL respectfully requests oral argument on this motion.
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Dated: November 9, 2011
Respectfully submitted,
By: __ Brad S. Karp ____________
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
Brad S. Karp
Theodore V. Wells, Jr.
Bruce Birenboim
Beth A. Wilkinson
Lynn B. Bayard
1285 Avenue of the Americas
New York, New York 10019-6064
[phone]
DUANE MORRIS LLP
John J. Soroko (Pa. Atty. ID 25987)
Dana B. Klinges (Pa. Atty. ID 57943)
30 South 17th Street
Philadelphia, PA 19103-4196
[phone]
Attorneys for Defendant

2

CERTIFICATE OF SERVICE
I, Brad S. Karp, hereby certify that on November 9, 2011, the foregoing
Motion to Dismiss Plaintiffs’ Amended Complaint, the Memorandum of Law in support
thereof, and the Declaration of Dennis L. Curran have been filed electronically and are
available for downloading and viewing from the Court’s ECF system by all counsel of
record. I further certify that I caused the exhibits to the Declaration of Dennis L. Curran
to be filed manually with the clerk and served upon the following counsel via hand
delivery:
Larry Coben, Esquire
Sol Weiss, Esquire
Anapol Schwartz Weiss Cohan Feldman & Smalley, P.C.
1710 Spruce Street
Philadelphia, PA 19103
Attorneys for Plaintiffs
Dated: November 9, 2011

By: Brad S. Karp