Weinberg v. National Football League Players Association et al

Filing 37

Unopposed MOTION for Leave to File Supplemental Authority in Support of The NFLPA Defendants' Motion to Compel Arbitration and to Dismiss the Petition by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association (Attachments: # 1 Exhibit A# 2 Proposed Order) (Miller, Ralph)

Weinberg v. National Football League Players Association et al

Doc. 37

Case 3:06-cv-02332

Document 37

Filed 04/09/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Steve Weinberg, Plaintiff, vs. National Football League Players Association, Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, Roger Kaplan, John Collins, Keith Washington, Tony Agnone, Howard Shatsky, and Mark Levin, Defendants. § § § § § § § § § § § §

Civil Action No. 3-06-CV2332-B ECF

________________________________________________________________________ NFLPA DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL AUTHORITY IN SUPPORT OF THE NFLPA DEFENDANTS' MOTION TO COMPEL ARBITRATION AND TO DISMISS THE PETITION ________________________________________________________________________ Defendants National Football League Players Association, Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, Mark Levin, John Collins, and Keith Washington (the "NFLPA Defendants") respectfully file this Unopposed Motion for Leave to File Supplemental Authority in Support of the NFLPA Defendants' Motion to Compel Arbitration and to Dismiss the Petition. In support of this Motion, the NFLPA Defendants respectfully show the Court as follows: On April 4, 2007, the United States District Court for the Central District of California issued Civil Minutes in a case styled Kauffman v. Wallace, CV 07-744 AHM (JTLx) (N.D. Cal. filed January 12, 2007) in which the court compelled the plaintiff to arbitrate his state law tort claims pursuant to the arbitration provisions of the National Basketball Players Association's Agent Regulations. The NFLPA Defendants
NFLPA DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL AUTHORITY IN SUPPORT OF THE NFLPA DEFENDANTS' MOTION TO COMPEL ARBITRATION AND TO DISMISS THE PETITION
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Dockets.Justia.com

Case 3:06-cv-02332

Document 37

Filed 04/09/2007

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believe this recent decision is persuasive that Plaintiff's intentional tort claims are also subject to arbitration. Therefore, the NFLPA Defendants respectfully request that this Court grant leave to the NFLPA Defendants to file the NFLPA Defendants' Supplemental Authority in Support of the NFLPA Defendants' Motion to Compel Arbitration and to Dismiss the Petition, which is attached hereto as Exhibit A. Dated: April 9, 2007 Respectfully submitted, s/Ralph I. Miller Ralph I. Miller Texas Bar No. 14105800 Aaron D. Ford Texas Bar No. 24034445 WEIL, GOTSHAL & MANGES LLP 200 Crescent Court, Suite 300 Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Jeffrey L. Kessler (pro hac vice) Adam J. Kaiser (pro hac vice) David Greenspan (pro hac vice) Molly Donovan (pro hac vice) DEWEY BALLANTINE LLP 1301 Avenue of the Americas New York, NY 10019-6092 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] ATTORNEYS FOR THE NFLPA DEFENDANTS
NFLPA DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL AUTHORITY IN SUPPORT OF THE NFLPA DEFENDANTS' MOTION TO COMPEL ARBITRATION AND TO DISMISS THE PETITION
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Case 3:06-cv-02332

Document 37

Filed 04/09/2007

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CERTIFICATE OF CONFERENCE The undersigned attorney hereby certifies that, on April 6, 2007, he left a voicemail for counsel for Plaintiff Steve Weinberg stating that if Plaintiff did not respond, the NFLPA Defendants would file this Motion unopposed. Plaintiff did not respond. Accordingly, this Motion is unopposed. s/ David Greenspan David Greenspan

CERTIFICATE OF SERVICE On April 9, 2007, I electronically transmitted the foregoing NFLPA Defendants' Motion for Leave to File Supplemental Authority in Support of the NFLPA Defendants' Motion to Compel Arbitration and to Dismiss the Petition using the ECF System for filing a Notice of Electronic Filing to those parties registered for ECF in this case. I further certify that the foregoing document was served on all counsel of record by ECF. s/Aaron D. Ford Aaron D. Ford ____

NFLPA DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL AUTHORITY IN SUPPORT OF THE NFLPA DEFENDANTS' MOTION TO COMPEL ARBITRATION AND TO DISMISS THE PETITION
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